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SimpleThings wrote:Hi All,
I'd be really grateful for some advice around my partner's UK ILR application.
Her Circumstances:
- Nationality: South African
- Entered UK Oct 2005 on an Ancestral Visa, which has since been renewed and expires in Oct 2014
- Changed her surname via Deed Poll in April 2012, but as of yet hasn't notified UK home office. She changed it based on emotional history behind previous surname.
- Since entering in 2005, she has worked under PAYE for about 2 years in total (i.e. 2005/2006 & 2011/2012). The rest of her stay has been spent at home looking after the house/kids, completing two assistant teaching qualifications, and working within a volunteer basis as an assistant teacher at the local school. She is not working at this time, whilst she looks after our 4 month old baby.
- I have separately acquired British Citizenship in my own right via ancestral visa, and our children have now also been granted British Citizenship via my status. I don't think this bears relevancy, as she is acquiring ILR via her own right (and not as a dependent)?
- In the same right her dad is British and lives in the UK, but my understanding is that again this is insignificant to her cause to gain ILR, as he failed to register her before she turned 18 and she has the ancestral visa path to follow through with. Is this correct?
Questions:
1) Should my partner …
a) first notify home office of her change of surname by completing BRP (RC) for replacing current
biometric card?
OR
b) skip the above step and apply directly for ILR and new biometric by completing set (0) and thus
notify them of change within that application?
2) The reason she has delayed notifying home office is because she was awaiting her new SA passport which she thought was required for identification purposes, in order to notify home office of change of surname. It appears from my view that she could have used her deed poll certification alone to do this, without having to wait to provide an updated South African passport with her new surname listed. Are they likely to impose a fine or shorten her stay because of the delay between change of surname and notification?
3) Is there a requirement for her to have worked in the UK in order to get ILR? If so, does she qualify?
4) In regards to her proving her competency of the English language, I have another post located at the address below.
http://www.immigrationboards.com/britis ... l#p1009506
5) I am unfortunately out of work at this time and on benefits (although I have a 3-4 week contract coming up soon). Before you judge me, I have worked at least 90% of the time since 2005 when I entered the UK, and whilst this history has shown that I have financially supported her and my kids in the past, should I wait till I am back in full-time work before she makes her application in order to prove that I could continue to support her without having to dip into public money? (p.s. benefits have been claimed in my name alone, as she currently as no recourse to public funds).
I look forward to any guidance you can share with me on the above.
Many Thanks,
@ Bilalmunir - your query has no relevance to the OP who is asking about Ancestral visa which is completely different to a spouse visa. Please start your own thread/post with your query.bilalmunir wrote:Please can somebody answer my question as follows
I got ILR on March2014 on long term residency. (before that, i was on Tier 1 General)
My spouse got further leave to remian (2 years spouse visa on 3/04/2014) whereas she was Tier1 dependent (from August2010-03/04/2014)
As now she has already completed her probationary period (2 year, i,e the qualifying period for ILR (from August2010-03/04/2014))
Therefore , the question is, Can she apply for ILR any time or she has to complete 2 years from the start
if someone can explain in details, will be highly appreciated
Thanks
mian
She will not be working for sometime I would think, well not until our 4 month old is a few years old.CR001 wrote:I think her biggest obstacle is going to be the fact that she has not worked for a very huge portion of the time she has been in the UK, considering that the Ancestry visa is a work category visa.
I would advise applying for another Ancestral extension, providing proof that she is either working (even part time) or actively seeking employment and once she reaches 10 years residence in 2015, apply for ILR under the 10 years long residency route using form Set(LR) as the requirements are only residence and far less paperwork is needed for this application.
thank you for your advise. sorry to hear that your elderly mom needs to work to satisfy that requirement.CR001 wrote:She will need to meet the conditions of her visa set out in the immigration rules, Part 5, link below from page 24 for Ancestry
https://www.gov.uk/government/uploads/s ... MASTER.pdf
Requirements from .gov.uk website.
https://www.gov.uk/settle-in-the-uk/y/y ... estry-visa
If her application for ILR is refused, you will lose the fee as they are not refundable as the applicant should meet all the requirements of their visa at the time of applying. It is a lot of money to lose.
As Ancestry visa is a work visa, it will most likely be one of the more key factors that need to be met as working in the UK is a condition of the visa.
You would probably be best to contact an immigration advisor for assistance.
As an example, my elderly mother with health problems is in the UK on an Ancestral visa and works 4 hours a day 3 days a week to keep in line with the requirements of her visa.
If you opt to take a chance with ILR, she will need the English Language Level B1 test and LIUK.
Other options she might have is spouse visa, but as you would need to meet the financial requirement and English Level A1 for FLR(M) application.
If she can get an extension or visa till October 2015, she can then apply for ILR based on 10 years long residence for which employment is not needed at all.
I really hope that you can find a way, but to be honest, her best option would be to try for another extension.
received private message, which i would assume is from you (CR001)? unfortunately, when trying to read it i get a msg "You are not authorised to read private messages.". Are you able to arrange that i gain this authorisation or should i provide an email address?CR001 wrote:She will need to meet the conditions of her visa set out in the immigration rules, Part 5, link below from page 24 for Ancestry
https://www.gov.uk/government/uploads/s ... MASTER.pdf
Requirements from .gov.uk website.
https://www.gov.uk/settle-in-the-uk/y/y ... estry-visa
If her application for ILR is refused, you will lose the fee as they are not refundable as the applicant should meet all the requirements of their visa at the time of applying. It is a lot of money to lose.
As Ancestry visa is a work visa, it will most likely be one of the more key factors that need to be met as working in the UK is a condition of the visa.
You would probably be best to contact an immigration advisor for assistance.
As an example, my elderly mother with health problems is in the UK on an Ancestral visa and works 4 hours a day 3 days a week to keep in line with the requirements of her visa.
If you opt to take a chance with ILR, she will need the English Language Level B1 test and LIUK.
Other options she might have is spouse visa, but as you would need to meet the financial requirement and English Level A1 for FLR(M) application.
If she can get an extension or visa till October 2015, she can then apply for ILR based on 10 years long residence for which employment is not needed at all.
I really hope that you can find a way, but to be honest, her best option would be to try for another extension.
Hi SimpleThingsSimpleThings wrote:i have booked my partner an exam at trinity college (http://englishexamcentres.co.uk/b1-esol ... vel-3.html for tomorrow which satisfied the English language requirement. The certificate for this course will arrive as I understand 5 days later.
i plan to take some form of action once the certificate for the above course arrives, unsure whether i would appeal or simply write to them letting them know they overlooked her certification for course in 2014 as per link below, and that she also has now acquired the new certificate from trinity college.
http://register.ofqual.gov.uk/Qualifica ... 501_0031_2
- what is the best course of action?
- is the only reason for refusal on the grounds of her not satisfying the English Language requirement?
- If so, is it likely they will accept her ILR based on my plan above?
- any other advise? should i speak with an immigration lawyer to assist?
on a seperate note, they have returned some but not all her documents, what should we do? (this includes certificate they never acknowledged in letters which was sent in the application, also her passport and birth certificates, maybe others haven't really taken stock).
looking forward to any advise on this.
many thanks