UK ancestry ilr

[Dispatcher]

I'm a British citizen married to a kiwi who's here on ancestry, applying for ilr.

My read of the regs is that she doesn't need to produce "evidence" for her paid annual leave for holidays. Only for serious/compelling leave.

This is from 192SD:

(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.

192-SD Specified documents
The specified documents referred to in paragraph 192(vi) are:
A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.


Is this correct? I've seen conflicting info on this point on these boards.

[CR001]

She should still provide her absence details in the form as required and have a letter should this be asked for (assuming she is applying in person).

[Dispatcher]

What is the necessity to provide a letter which is not required?

[Dispatcher]

This response doesn't make much sense to me given what the regs say, and what other people have said on this forum.

Surely this is a black and white matter, otherwise all ILR applicants would revert to the most onerous application route in terms of document provision....which isn't how the system is set up to work. It's graded on purpose.

[CR001]

A letter about absence could be asked for by a caseworker. When it comes to HO, one should always be prepared, as many members on the forum will agree from experience.

Letter of absence not required and clearly it is too much effort to obtain one, but a letter form the employer will still be required stating continuing employment details.

[Casa]

This response doesn't make much sense to me given what the regs say, and what other people have said on this forum.

Surely this is a black and white matter, otherwise all ILR applicants would revert to the most onerous application route in terms of document provision....which isn't how the system is set up to work. It's graded on purpose.

Can your wife submit evidence to show that the sum of all absences does not exceed 6 months (180 days)

[Dispatcher]

Very much so. She can point the caseworker to her passport stamps.

[Casa]

This response doesn't make much sense to me given what the regs say, and what other people have said on this forum.

Surely this is a black and white matter, otherwise all ILR applicants would revert to the most onerous application route in terms of document provision....which isn't how the system is set up to work. It's graded on purpose.

You've probably read conflicting reports on the forum as Case Workers, right or wrong can (and do) ask for additional evidence to support an application if they see fit. This means that applicants may well have differing experiences when submitting documents at a PSC. Most here would advise a 'belt & braces' approach when dealing with the HO and submit more evidence than may prove not to be required on the day.

[Dispatcher]

Thanks

In the spirit of belt and braces, to prove ancestry we are planning to do the following:

Nanas UK birth certificate
Mums NZ birth certificate
Wife's NZ birth certificate

Do the NZ ones need to be Apostilled?

[CR001]

Thanks

In the spirit of belt and braces, to prove ancestry we are planning to do the following:

Nanas UK birth certificate
Mums NZ birth certificate
Wife's NZ birth certificate

Do the NZ ones need to be Apostilled?

No. As she is claiming through the maternal line, she will likely need marriage certificates too. She would have needed this for her initial application too.

[Dispatcher]

Sorry, I made a mistake:

Grandad's Birth Cert - UK
Mum's Birth Cert - NZ
Wife's Birth Cert - NZ

NZ Birth Certs show the names of both parents, so my Wife's will show her mother's.

Ergo, don't think there's any need for a marriage cert in this instance?

[CR001]

Should be ok.

[Dispatcher]

Hi all,

MY wife is on a UK Ancestry Visa which expires this July. We recently married and would like, in the fullness of time, to change my wife's surname to my own as per tradition.

We were married in the UK and have a UK marriage certificate.

Should we change her name before applying for ILR do you think and how easy will it be?

She is a New Zealander. It doesn't take too long to get a new NZ Passport issued in a new name using the express service (3 days).

She is on a paper visa, not a BRP. I don't know if this needs to be changed as well, or if they can take as proof the original Marriage Certificate.

[CR001]

She should change her NZ passport before applying for ILR.

[Dispatcher]

She should change her NZ passport before applying for ILR.

Thanks - does she need to do anything with the UK Ancestry Paper Visa which is in her maiden name?

[Dispatcher]

any ideas guys, on whether we need to change her name in the paper visa?

[CR001]

No, it should be fine as she will have the marriage certificate as proof of marriage and name change. She will need to carry both passports around with her and marriage cert if she travels.

[Dispatcher]

Thank you!

I eventually also got through to someone at Croydon who sounded like they knew what they were talking about who confirmed what you just wrote.

[CR001]

You are lucky to get someone who knows what they are talking about at HO. So many people get the wrong advice.

[Dispatcher]

Further questions - sorry they just keep coming to me!

We spent a week out the country 2 years ago when my wife's father died. This was not Annual Leave from work, but was paid compassionate leave. Do we need to provide proof of this beyond the passport stamps showing the number of days we were out the country? If we do, an added complication here is that my wife's father died whilst he was in South Korea so the death certificate is in a very different language! Should we try and get this translated? I was thinking as an easier alternative we could get a letter from the Church in New Zealand to state that they held a service for my wife's father's death - the date this was on will match the period we were out the country in the passport stamps. Do you think this would be acceptable?

[Dispatcher]

Any ideas guys?

It's my understanding that the level of proof needed for compassionate leave is different to that for normal annual leave under Ancestry applications.

Cheers.

[CR001]

Translated death certificate and a letter from the church should suffice.

[Dispatcher]

Thanks again CR

[CR001]

You're welcome.

[Disfordylan87]

Regarding absences do I just need to show my passport pages and my list of absences or do I need more proof?