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Ancestry - Proof of Absence required?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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nzbutton
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Joined: Mon Sep 26, 2016 9:51 pm

Ancestry - Proof of Absence required?

Post by nzbutton » Mon Sep 26, 2016 9:59 pm

Hello,
Apologies if this query has been previously answered, but I cannot find a consistent view on the topic.

I am applying for ILTR under the Ancestry route; I will apply in person. I have a total of 187 days out of the UK over the past 5 years, no year goes near the 180-day limit. My absences are a combination of work and leisure.

Within the form, it indicates that supporting evidence of absence is not required for Ancestry applications. It lists the visa types for which evidence is required, and Ancestry is not listed.

However, in a guidance note I've found online it suggests the Ancestry category does require evidence - letters from employers citing the days required for business travel and days annual leave.
https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Does anyone know what is actually required? I do not understand why there would be a requirement that isn't listed on the application form.

Any assistance is most appreciated!

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

Re: Ancestry - Proof of Absence required?

Post by vinny » Mon Sep 26, 2016 10:43 pm

192-SD Specified documents wrote:The specified documents referred to in paragraph 192(vi) are:

A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.
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nzbutton
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Posts: 2
Joined: Mon Sep 26, 2016 9:51 pm

Re: Ancestry - Proof of Absence required?

Post by nzbutton » Mon Sep 26, 2016 10:59 pm

Thank you Vinny, reading through that finally makes it clear that I do not have to provide letters from employers. Worryingly, the guidance to Home Office staff says the opposite!

For others interested in this answer, here is the result:
Indefinite leave to remain on the grounds of United Kingdom ancestry wrote:192.Indefinite leave to remain may be granted, on application, to a Commonwealth citizen with a United Kingdom born grandparent provided the applicant:
(i)meets the requirements of paragraph 186 (i)-(v); and
(ii)has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
(iii)has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
(iv)does not fall for refusal under the general grounds for refusal; and
(v)is not in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded; and
(vi)provides the specified documents in paragraph 192-SD to evidence the reason for the absences set out in paragraph 128A, where the absence was due to a serious or compelling reason.

192-SD Specified documents
The specified documents referred to in paragraph 192(vi) are:

A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.
128A excludes Ancestry from the continuous work requirements.

KS2
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Re: Ancestry - Proof of Absence required?

Post by KS2 » Mon Oct 31, 2016 9:59 pm

So, for clarity, you are just providing a letter written by yourself stating your absences from the UK ? or are you just listing them on the form ?

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