Canadian on Ancestry married to Irish Citizen in UK

[IrishCanada]

Hi guys,

Myself and my now wife have lived together in Manchester since 6th October 2014 when my then Fiancée arrived in the UK on a 5 year Ancestry Visa valid from middle June 2014 until middle June 2019.

I was born in Dublin Ireland and emigrated to the UK (Manchester) in July 2014 arriving ahead of my now wife to organise somewhere to live, jobs banks etc.

We married on the July 2016 in Manchester town hall, we are looking to build our future in the UK but are getting turned down for mortgages etc. as the banks do not see my wife having a secure future in the UK without ILR as her Ancestry Visa ends 2019.

Our original intention was that my wife would undertake the Life in the UK test this year and 28 days before the expiry date on her Ancestry visa June next year we apply for ILR extension 10 year. This is a risk should for any reason it go wrong we would have to leave the UK for elsewhere in Europe.

Does anyone know if we have any way to exercise EU Treaty rights to secure our future in the UK now.

[CR001]

She would still need 5 years residence from the date you got married before she can apply for PR under the EU rules. There is no quicker way other than ILR in 2019.

[CR001]

This is a risk should for any reason it go wrong we would have to leave the UK for elsewhere in Europe.

Highly unlikely this would happen to be honest. Ancestry visas are one of the easiest migration routes to and in the UK.

[IrishCanada]

Thanks for both your replies we are scared that it goes upto the wire with ILR ie: 28 days before mid June 2019 we apply for ILR hopefully face to face but as such our life ie: house car etc. are on hold until ILR is granted as they are all risks.

I was hoping that due to being married to an EU Citizen that even without ILR she has rights to reside if I can get treaty rights and her recognised as the wife of an EU Citizen thus being able to reside as we would if we went to Ireland or France or anywhere else in Europe tomorrow.

[CR001]

Her rights don't change under the EU regs and she would be recognised as a EU spouse/family member. But she still has them but would require 5 years residence in the UK from date of your marriage before she can apply for Permanent Residence (Brexit aside as not sure what will be in place for Irish partners on the EEA route).

In terms of the quickest route to ILR, Ancestry is the one to go for.

[IrishCanada]

Thank you one final question should say for any reason ILR be refused does she have rights to stay as my wife under current rules ( I know brexit might change things )

If I knew that she can stay now irrespective of ILR as the wife of an EU citizen then I would probably buy a house in my own name rather than wait on her gaining ILR if that makes sense but the last thing I would like to do is buy a place and ILR be refused because of a ticky box error and us have to abandon the uk and sell a house at a loss.

[CR001]

Thank you one final question should say for any reason ILR be refused does she have rights to stay as my wife under current rules ( I know brexit might change things )

If I knew that she can stay now irrespective of ILR as the wife of an EU citizen then I would probably buy a house in my own name rather than wait on her gaining ILR if that makes sense but the last thing I would like to do is buy a place and ILR be refused because of a ticky box error and us have to abandon the uk and sell a house at a loss.

Yes, she could stay. If for whatever reason ILR is refused (never heard of one through Ancestry though), she will be given an opportunity to make another application, i.e. Ancestry extension if she chooses.

Below is a lengthy Ancestry ILR topic, which is a worthwhile read. It really isn't a difficult application.

indefinite-leave-to-remain/ancestry-vis ... 84361.html

[IrishCanada]

Thank you very much