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There is no limit to the number of Ancestry visas you can apply for. She can apply for 5 over 25 years if she wishes to. It is not restricted to only one in a lifetime.Marc0 wrote:Thanks. My wife has already used her 5-year ancestry visa so I don't think that would be an option. Unfortunately, I don't see any other options that would allow us to return.
Did she work during the period on Ancestry visa? Periods on maternity leave are counted as working to the best of my knowledge.Marc0 wrote:My wife has already used her 5-year ancestry visa so I don't think that would be an option.
So, on that basis, I would suggest that your wife apply for ILR based on the ancestry visa now, followed immediately by an application for citizenship when the ILR is approved. Then, by mid to end 2017, she will be a British citizen as well. And that status is for life.Immigration Rules part 5: working in the UK wrote:186.The requirements to be met by a person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry are that he:
(i) is a Commonwealth citizen; and
(ii) is aged 17 or over; and
(iii) is able to provide proof that one of his grandparents was born in the United Kingdom and Islands and that any such grandparent is the applicant’s blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption; and
(iv) is able to work and intends to take or seek employment in the United Kingdom; and
(v) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds;
Indefinite leave to remain on the grounds of United Kingdom ancestry
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, where paragraph 39E of these Rules applies, any current period of overstaying 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.
Future intentions is gauged by the Home Office by past conduct. Many people on these forums have left the UK on acquiring British citizenship, primarily to take care of their elderly parents (it is practically impossible for elderly parents to join their family in the UK under the current rules). And yet, we have not heard of revocation of citizenship on these grounds. Furthermore, while revocation of ILR is a purely domestic matter, revocation of nationality is governed to a limited extent by international law. So, it is much harder to revoke.Marc0 wrote:We have been reluctant to apply for ILR in the past as we always had in our mind that we would probably give Canada a go and didn't want to have this option revoked for misuse.
This would not be applicable as she switched to FLR(M). If she had had close to 5 years on Ancestry visa, should have had to apply for ILR shortly before it expires or she reached 5 years in this category. Switching to FLR(M) reset the clock. The Ancestry visa could no only be used towards ILR LR and not for ILR on Set(O) as she does not hold a qualifying visa for that.secret.simon wrote:As I understand it, if your wife has worked for the entirety of the five years while she was on her Ancestry visa, she can apply for ILR on that basis at any time while she is legally in the UK (other than on a visit visa to the best of my knowledge).
I will disagree with you on this specific point, CR001.CR001 wrote:This would not be applicable as she switched to FLR(M). If she had had close to 5 years on Ancestry visa, should have had to apply for ILR shortly before it expires or she reached 5 years in this category. Switching to FLR(M) reset the clock. The Ancestry visa could no only be used towards ILR LR and not for ILR on Set(O) as she does not hold a qualifying visa for that.
I know what you mean. Canada was my backup option when I started my immigration journey. Unfortunately, my British and Canadian journeys started at the same time and I had to take a pick. So, here I am.Marc0 wrote:Need to move in a year or so if want to fulfil Canadian residence requirements.
I switched from Ancestry to FLR(M) and was told at PEO (back in the day) that I would lose the Ancestry option of ILR as once on FLR(M), I cannot apply for Set(O) Ancestry ILR as am on the Set(M) route. The same as when a PBS migrant/dep switches to FLR(M), they lose the ability to apply for ILR on Set(O) even if they had the qualifying period and made the error of switching to FLR(M). To apply on Set(O), the applicant has to hold a qualifying category visa at the time of ILR application.secret.simon wrote:I will disagree with you on this specific point, CR001.CR001 wrote:This would not be applicable as she switched to FLR(M). If she had had close to 5 years on Ancestry visa, should have had to apply for ILR shortly before it expires or she reached 5 years in this category. Switching to FLR(M) reset the clock. The Ancestry visa could no only be used towards ILR LR and not for ILR on Set(O) as she does not hold a qualifying visa for that.
My reading of the Rules is that FLR(M) can not be aggregated with the time spent on any other visa, either PBS dependent or one in your own right.
But if the requirements for ILR via Ancestry visa (reproduced above) are already met before the FLR(M) application, I do not believe that an FLR(M) extinguishes the ability to apply for it at a later date.