ILR application for elderly person (ancestral route)

[elderly_ILR]

Hello

I have a query about an ILR application following an Ancestral Visa. My elderly relative came to the UK on an Ancestral Visa (through UK born grandparents) and managed to buy her own flat with savings, and has sufficient money to live for a number of years.
After breaking her back within days of arriving, and being unable to walk for the first 3-4months, she initially took on some caring work, but she never built up a steady list of clients (I guess that's understandable given the type of work) and after a few clients, she stopped working. She has been helping out with regular babysitting of our children for the past 2 years but that is unpaid or at least too informal to be classified as work.

Now she needs to apply for her ILR and of course one of the questions is about her employment. What is the view of an elderly person (now 80) going through the Ancestral Visa process and not having much work during the 5 years and currently being un-employed? If she was a British person, she would be well past the age of retirement, but I'm not sure how relevant that is in this situation. She has about 9 months of work spread out over 1.5 years.

She has sufficient money to support herself for a number of years to come and ultimately, I would support her if needs be. I have a British passport.

Many thanks .

[elderly_ILR]

Hello, is there no-one in a similar situation to this , that could offer some advice?

I phoned the Border Agency today and there was a clear comment about not being able to advise on personal situations, but the woman I spoke to initially suggested that because my relative was (well) past retirement age, there was no requirement to work .
She suggested to include a letter from the previous employer stating she had worked - I suggested she would include payslips too. But when I pushed her on whether the work requirement was not required because of being well past retirement, and the fact that the guidance mentions nothing about age in relation to working, she stated it was down to the case-worker's discretion , and then moment later that I should get legal advice.

Understandable, but still not much help.

[CR001]

She should be fine to apply as person with self sufficient means. Will look at the rules later and see what I can find.

[secret.simon]

With respect, I disagree with CR001. The Ancestry visa is very specifically a work visa. One cannot use it to come to the UK and study, for example, much less becoming a self-sufficient person in the UK.

For starters, it is listed under Part 5 of the Immigration Rules, which relates to non-PBS employment visas. Immigration Rule 186 lists the requirements for an Ancestry visa, which must also be met at the time of any extension and ILR, which includes "(iv) is able to work and intends to take or seek employment in the United Kingdom; and".

The ILR application can be made and could possibly be granted, but it will be outside the Rules and not under the rules for Ancestry visa.