working holiday to Ancestry visa without leaving UK

[gem123]

Hi,

This question relates to something that took place some years back (before biometrics were required) and I would like to know if the way the visa change from working holiday to ancestry was done validly.

I came to the UK in Aug 2004 on a working holiday visa (valid to Aug 2006 - I was able to work for the full 2 years as this was before they changed the rule to only 1 year of work).
I married my wife in April 2005, she was on an ancestry visa. I changed onto her ancestry visa in December 2005 and instead of physically returning to my home country to apply, we couriered the application to family in my home country and they sent in the application on my behalf while I remained in the UK as I could not get leave from work. We had some friends bring my passport back to the UK. I was still validly allowed to live and work in the UK as my working holiday visa was still valid.
I got my new ancestry visa stamped in March 2006 when returning from a holiday.

I currently have indefinite leave to remain (as I was a dependent on my wife's visa, I got ILR when she did) and will be applying for naturalisation soon after 1 year of ILR. Will this be an issue? I was never without a valid UK visa in the last 5-6 years. My absences from the UK will not reflect the date I was issued with the ancestry spouse dependant visa.

All I can find on the home office website regarding ancestry is:

Applying from outside the UK
You must obtain permission to enter the UK (known as 'entry clearance') on the basis of your UK ancestry before you travel here. This entry clearance will take the form of a visa or entry clearance certificate - to obtain it, you should apply to the British diplomatic post in the country where you live. For more information, see our visa services website.

Applying from inside the UK
If you have already entered the UK in a different immigration category, you cannot switch into the UK ancestry category.

So I did apply to the British diplomatic post in my home country - BUT I did not physically go there, I remained in the UK (sent my passport).
I am trying to determine if this is an issue for naturalisation application purposes?

Any advise or thoughts would be much appreciated.

[Plum70]

I think that the outcome of your naturalisation application will depend on the caseworker's fastidiousness.

1. He/she may notice that there isn't an exit stamp in your passport towards the end of your WHM visa and an entry stamp activating your ancestry visa around the time it was issued. This may or may not prompt them to ask you for an explanation. BTW, when did you lodge your ancestry application and when was the visa granted?
2. The fact that you physically switched in-country (though done out-of country by a 3rd party) is no doubt illegal and may bubble to the surface.

Whatever the case, you will have to detail all your absences from the UK with dates going back 6 years. I suggest that you do not attempt covering your tracks if it seems that the caseworker is on to something.

Wait for other opinions.

[gem123]

Thanks very much for your reply, it is much appreciated.

Applied for ancestry visa round 7 Dec 2005, it started from a date in Jan 2006 and is stamped in March 2006 (after a 2 week holiday). Please note that working holiday was still valid until Aug 2006.

Do you know where this is written in immigration law to be physically out of the country? As the site just seems to say that you need to apply out of the country (which I did)?
I will only list the absences I actually had as I was not absent at the time of the application for ancestry - it only got validated in March 06 when I returned from a 2 week trip put the country.

The other option is not to apply when my wife applies and once she naturalises then I could apply as spouse of British Citizen whereby they only look at the last 3 years?

[Plum70]

I found this: http://www.bia.homeoffice.gov.uk/workin ... -ancestry/

However, as you got an entry stamp in March 2006 effectively "activating" your ancestry visa (gotten in Jan 2006) then you may not have any problems with your naturalisation application.

Still, wait for a 2nd opinion.

[gem123]

Thanks very much Plum70, this really did not cross my mind as being an issue at the time but I seem to be thinking of everything now that I am applying for naturalisation soon.

Any other opinions would ne much appreciated.