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Add spouse to Ancestry Visa without leaving the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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rmsnook
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Joined: Thu Apr 19, 2012 9:45 pm
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Australia

Add spouse to Ancestry Visa without leaving the UK

Post by rmsnook » Thu Apr 19, 2012 9:51 pm

I live and work in the UK on a tier 5 youth mobility visa (2 years). I am getting married in August and my husband-to-be has an ancestry visa (5 years). I want to become a dependent under his visa and would like to apply to do so without leaving the UK if possible.

Is it possible to do this without leaving the UK? If I do have to leave do I have to return to my home country (Australia) or can I do this somewhere closer to the UK e.g. Holland or France?

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Apr 19, 2012 10:02 pm

196A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

[...]

(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity

You can only apply from your country of nationality or where you have valid residence. So unless you have a residence permit for a country closer than Australia, you will have to apply from there.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Apr 19, 2012 11:04 pm

Perhaps request that they waive the entry clearance requirement, in line with their instructions:
Section 09- Dependants of persons in sections 1-8 wrote:2.2. Switching
Entry clearance is mandatory for entry in this category. In after-entry cases, however, where the applicant was not admitted as a spouse or child, caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met and that exceptional compassionate circumstances prevail. For UK ancestry dependants caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met. Any case which falls to be refused, however, should be refused on no-switching grounds.
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