Ancestry Visa Refusal in 14 Day grace period. Reapplying from abroad.

[CR001]

For info/interest, the immigration rules for Ancestry are in the link below.

https://www.gov.uk/guidance/immigration ... -in-the-uk

[NJBaker]

Hi, I’m the OPs sister, and this thread is about my husband. We’re both sitting here waiting for my husband’s visa to arrive (or not) so he can work. However I’m starting now to have some concerns about the ancestry visa! I wonder if anyone could help.

Firstly I’d like to know how likely it is to come in the 8 weeks? Does it tend to take longer these days? His previous applications were quite quick.

Secondly, although there should be no doubt that it is issued, given that all the same supporting documentation as previously has been included, I have the following concerns:
I) That we rushed it in the 14 day period and may hav made a silly error
II) That all the original ancestry documents were held from the ILR application. We provided copies and a cover letter explaining, as well as a case ID. However the centre for administrative review for the ILR sent them back to us instead of forwarding them. We rang up the Durham office and were told to send them on. Could this delay the application?
III) If they look into our finances, we own property and have a mortgage, but money is tight as we have a baby, I’m on maternity and we’ve spent £7k since last year on visas and legal fees. Will this make a difference?
IV) If they call husband’s work, he is no longer working there (obviously). They have put in writing that they want to reemploy him when the visa comes through. But could this be a reason for rejection?

[NJBaker]

Hi would really appreciate any feedback on my latest post. TIA.

[NJBaker]

My husband has had ILR refused. We have applied for an extension of his ancestry visa in the 14 day grace period (he is here as an overstayer because his ILR was refused two days before his visa expired. There was a 6 week wait from when we booked his premium appointment). If this ancestry visa is declined for some reason, and he didn’t get to stay here under human rights, how would he go about reapplying? Would he have to leave for a year or more before reapplying from abroad, even if his wife and son are in the UK?

[NJBaker]

Hi, it’s quite frustrating that my newer posts are being lumped in with an old thread that nobody wants to answer! Is anyone able to help with my last several questions? We’ve been waiting for this visa for months now and both getting increasingly depressed!

[CR001]

Hi, it’s quite frustrating that my newer posts are being lumped in with an old thread that nobody wants to answer! Is anyone able to help with my last several questions? We’ve been waiting for this visa for months now and both getting increasingly depressed!

If no one is answering it is likely because we don't have an answer. All you can do at this stage is wait for the outcome of his visa, which can take a few months.

Please read the forum rule regarding multiple posts and topics.

[NJBaker]

Thank you. I understand we have to wait, but I thought there might be black and white rules regarding applying again after refused visa so we might know what to expect in that event.

[CR001]

He will likely have another 14 days to submit another application or he might be given appeal rights.

This visa is not often asked about on the forum as it is one of the easiest to get and I am the only mod who has gone through this route, so know it well.

I am however still unclear why he applied for ILR when he did not qualify due to absence, instead of applying for an extension.

[NJBaker]

Thanks so much! Because we had sought legal advice from an immigration solicitor who said that if he gave proof it was work-based that would be fine. Then we sent all the documents through to a checking service, with the proof of all days offshore, and again this separate agency replied that he was fine to apply. We had read through the Home Office requirements ourselves, but because we deemed these professionals more knowledgeable than us, we assumed we must be misinterpreting the rules. Obviously if we had had doubts we would never have wasted all this money. All very frustrating.

[CR001]

It is unfortunate and you should/could seek recompense due to their incompetence.

All absence are counted towards the 180 days and offshore is only counted if in UK waters. As he returned to CT, they would not be acceptable as 'offshore' absences as such.

Always best to go with your gut instinct, but am sure you now realise this.

Hopefully a positive outcome is received soon.