ILR via Ancestry for Spouse - Urgent Help Please

[colinjg]

Hi all, I am in the process of applying for ILR for my spouse and I. I thought I had a handle on this, but have just been given some concerning information that I need urgent help with.

I entered the UK in March 2011 on an ancestry visa. My 5 year requirement for ILR is up in March so we intend to both apply in February. My spouse entered the UK on a spouse visa on 14/05/13, but we have been a couple since 1999.

Is there any requirement for how long my spouse has been in the UK to apply for ILR with me? I have reached the 5 years, but my spouse would have been here for 2yrs 9mth. I have been told there is a 5 year requirement for some tier categories but believe it doesn't apply to ancestry.

Urgent replies greatly appreciated.

[Casa]

When did your wife submit her spouse visa application? If it was after 9 July 2012 she should have applied for a 2.5 year extension after the first 30 month period on her initial entry visa. The Immigration Rules changed on 2012, requiring 5 years of residence (2.5 + 2.5) before qualifying for ILR.
What expiry date is shown on her current visa?

Edit: CR001 has more indepth/accurate information on the Ancestry route. Wait for confirmation as to whether there is a concession on the 2.5 + 2.5 residency normally required for a spouse. I do believe however, that your wife will have to complete the full 5 years before qualifying for ILR.

[CR001]

If you can bear with me, I will get back to your question with the relevant links when I take my lunch break in an hour.

@casa - the 2.5 year scenario doesn't apply to Ancestry visas. Even though OP has stated 'spouse visa', she is actually on Ancestry dependent visa.

[Casa]

If you can bear with me, I will get back to your question with the relevant links when I take my lunch break in an hour.

@casa - the 2.5 year scenario doesn't apply to Ancestry visas. Even though OP has stated 'spouse visa', she is actually on Ancestry dependent visa.

Thanks...I guessed that might be the case, hence my edit. My understanding is that if the application had been submitted pre-9 July 2012 his wife could have applied for ILR at the same time, providing she had completed 2 years residence. After 9.07.12 if would require a 5 year qualifying period.

[CR001]

@casa - not necessarily. Ancestry is not and never has been included in the July 2012 changes as far as I am aware. It is the only visa category that has not been tinkered with for years since they increased the entry clearance validity from 4 years to 5 years.

[colinjg]

Many thanks CR001.
And yes, I am on an ancestry visa and my spouse on an ancestry spouse visa.
Our immigration consultant (after also contacting the home office) has confirmed there is no residency period requirement for my spouse.

Looking forward to confirmation (CR001).

[CR001]

Many thanks CR001.
And yes, I am on an ancestry visa and my spouse on an ancestry spouse visa.
Our immigration consultant (after also contacting the home office) has confirmed there is no residency period requirement for my spouse.

Looking forward to confirmation (CR001).

It would be great if you could share when she applied for her visa. Did she apply at the same time as you or later and on what date and also what is the visa start date for her?

[colinjg]

Many thanks CR001.
And yes, I am on an ancestry visa and my spouse on an ancestry spouse visa.
Our immigration consultant (after also contacting the home office) has confirmed there is no residency period requirement for my spouse.

Looking forward to confirmation (CR001).

It would be great if you could share when she applied for her visa. Did she apply at the same time as you or later and on what date and also what is the visa start date for her?

I applied in early 2011, visa dated March 2011. Spouse applied in April 2013, visa start date 29/04/13.

[CR001]

The rules don't seem to say whether she requires 5 years residence or not.

See 196D; 196E and 194(i) to (vii)(click)

[Casa]

If the application for ILR succeeds after only 2 years 9 months residence, to the best of my knowledge this will be the only dependent category (including marriage to a British citizen) that doesn't require a full 5 years in order to qualify.

[colinjg]

Agree. We'll just have to reply on our immigration consultant's advice after they contacted the home office

[Casa]

Without sounding too over-cautious (no one wants you to lose your fee), all my fellow mods would agree that the HO office 'help line' staff are notorious for giving wildly incorrect advice, even on the most simple of applications. Even more concerning, they accept no responsibility for any refusals.
I'd suggest you hold fast for the moment to see if this can be clarified.

[colinjg]

Now you've got me worried. I've not found the 5 year requirement during my research, and only heard it mentioned once we'd engaged a consultant to check through our documents. And when we queried this with him, he checked the rules and contacted the home office who advised there was no time restriction.

So not sure what to do. If we both apply, could they grant me ILR but not my wife? If so, would they grant a visa extension to my wife or would we need to reapply for this?

[CR001]

As an aside, I am aware of at least one other case where the dependent spouse did not have 5 years residence and was granted ILR at the same time as the main applicant spouse. Not sure how long ago this was but more it was in the last couple of years.

Even the caseworker instruction guidance is mute on the residence requirement.

https://www.gov.uk/government/uploads/s ... _clean.pdf

[colinjg]

As an aside, I am aware of at least one other case where the dependent spouse did not have 5 years residence and was granted ILR at the same time as the main applicant spouse. Not sure how long ago this was but more it was in the last couple of years.

Even the caseworker instruction guidance is mute on the residence requirement.

https://www.gov.uk/government/uploads/s ... _clean.pdf

Attended Croydon today. ILR granted for both of us in under 3 hours.
Thanks for your advice.
We were quite stressed out leading up to it but the process itself was quite straightforward.
All the staff were friendly and helpful.
We considered going to Cardiff but pleased we stayed in London.

[CR001]

Congratulations, so happy for you. Thank you for updating us.