ancestry visa / employment / ILR question

[canadianexpat]

Hello,

I'm wondering if anyone can help me.

My situation is - I'm Canadian and I live in the UK on a UK ancestry visa. I'm looking into applying for ILR (settlement). I have satisfied and continue to satisfy all of the conditions of my ancestry visa and the conditions of the indefinite leave to remain application (SET(O) when I eventually apply) except 'employment.' I don't work in the conventional sense – I don't have a UK job or GBP income. I have been living off my savings and some (Canadian) investment income (all above board and verifiable, no bank robbing or anything ) for the last few years. I support myself without accessing public funds.

My question is, how do the IND people assessing immigration applications see this? How do they view 'employment'? Are they operating from very strict guidelines or is there room for people who don't quite fit into a precise box?

Any help would be great. Thanks.

[Joseph]

According to the SET(o) form you need to show the following:

If you are applying because of your UK ancestry, documents showing that you are able to work and intend to take or seek employment in the UK.

Compared to the other categories, the requirements are fairly lax. All you have to do is show evidence of employment in the UK, preferably at the time you apply for ILR. Or self employment. Short of that, if you show evidence of looking for a job, that might work. But I don't think your savings or investment income would count toward "employment."

But really, if you spend 4 years in the UK without doing any work, that probably wouldn't make a good impression, would it? I would personally recommend getting some kind of self employment income.

If you really can last 4 years in the UK without working, there are other visa categories (investor, retired person of independent means etc.) that might have been more appropriate than ancestry.

Joseph

[mercury]

I would personally recommend getting some kind of self employment income.

I think "investor" qualifies as a self-employed person.

[Joseph]

Mercury
Actually, "investor" is a specific category under the immigration rules:

What is the investor category?

This category is for people who have at least £1 million to invest in the United Kingdom and who want to make the United Kingdom their main home. There are restrictions on the investments you can make if you come to the UK in the Investor category.

It refers to investing in the UK rather than having investments elsewhere.

canadianexpat,
To answer your question more thoroughly, the official ancestry visa rules regarding grantling settlement follow:

4.3. Employment
Although the Rules require a person applying for settlement by virtue of United Kingdom ancestry to have resided here continuously in this capacity for 4 years, there is no requirement that any employment taken must be continuous. The Rules only require a person to either continue in employment or to seek further employment. If an applicant is in employment all we will require is a letter from his current employers confirming that he will continue in their employ. If, however, the applicant is not employed at the time of application we will need to request evidence of his employment record throughout the 4 years and evidence of any attempts he has made to find employment.

Where it is clear that the applicant has not been in employment for any length of time over the 4 years he should be asked to provide reasons as to why he has failed to obtain employment. Unless there is a very good reason for his failing to obtain employment the application should be refused. Enquiries should also be made as to how he has been supporting himself without a regular income.

If you haven't worked at all, it appears unlikely that settlement would be granted under this visa.

Joseph

[canadianexpat]

According to the SET(o) form you need to show the following:

If you are applying because of your UK ancestry, documents showing that you are able to work and intend to take or seek employment in the UK.

Compared to the other categories, the requirements are fairly lax. All you have to do is show evidence of employment in the UK, preferably at the time you apply for ILR. Or self employment. Short of that, if you show evidence of looking for a job, that might work. But I don't think your savings or investment income would count toward "employment."

Thanks for the reply Joseph.

Yes, I'm aware of the what the rules are but what I'm trying to figure out is how the rules are applied and if there's any flexibility in them.

But really, if you spend 4 years in the UK without doing any work, that probably wouldn't make a good impression, would it?

I can see what you're saying but I don't see why it would necessarily make a bad impression. I'm not involved in anything illegal. I can verify my (Canadian) investment income and any money I've transferred to the UK to live on.

If you really can last 4 years in the UK without working, there are other visa categories (investor, retired person of independent means etc.) that might have been more appropriate than ancestry.

I'm not rich enough for the investor category (I don't have £1 million) and I'm not old enough for the "retired person of independent means" (one has to be 65 or over I think).

There doesn't seem to be a peg for me to hang my hat on, I'm not sure what to do.

[canadianexpat]

canadianexpat,
To answer your question more thoroughly, the official ancestry visa rules regarding grantling settlement follow:

4.3. Employment
Although the Rules require a person applying for settlement by virtue of United Kingdom ancestry to have resided here continuously in this capacity for 4 years, there is no requirement that any employment taken must be continuous. The Rules only require a person to either continue in employment or to seek further employment. If an applicant is in employment all we will require is a letter from his current employers confirming that he will continue in their employ. If, however, the applicant is not employed at the time of application we will need to request evidence of his employment record throughout the 4 years and evidence of any attempts he has made to find employment.

Where it is clear that the applicant has not been in employment for any length of time over the 4 years he should be asked to provide reasons as to why he has failed to obtain employment. Unless there is a very good reason for his failing to obtain employment the application should be refused. Enquiries should also be made as to how he has been supporting himself without a regular income.

If you haven't worked at all, it appears unlikely that settlement would be granted under this visa.

Joseph

Hello again,

Re the bolded bit in the above - could it be possible that 'a very good reason for his failing to obtain employment' could be that he didn't need a job? Also, I do have regular income, it just happens to come from Canada and not a UK employer. Just thinking out loud but if you or anyone else has any comments, I'm all ears.

Thanks for the reply.

[Joseph]

I think they really want to see employment on this visa. I wouldn't assume that they would give an exception in your case. Part of the reason is that they expect to see your intent in getting a job. If you just wanted to live off your investment income and savings, it's clear that you never intended to work in the first place. That's not what they are looking for with this visa, based on what I can read in the rules.

It's easy to meet the requirement, however. For example, if you were to be employed only in the last 3 months of the 4 years you would meet the requirement. That's not asking much when compared to other visas.

Joseph

[canadianexpat]

I think they really want to see employment on this visa. I wouldn't assume that they would give an exception in your case. Part of the reason is that they expect to see your intent of getting a job. If you just wanted to live off your investment income, it's clear that you never intended to work in the first place. That's not what they are looking for with this visa.

It's easy to meet the requirement, however. For example, if you were to be employed only in the last 3 months of the 4 years you would meet the requirement. That's not asking much when compared to other visas.

Joseph

Thank you again Joseph.

A related question: does self-employment count as 'employment' with this visa?

[Joseph]

I think self employment counts as employment in this case. That's because your visa or leave to enter has no restriction except for the time and the recouse to public funds--isn't that correct?

If you are self employed, you will need to show evidence of income and payment of national insurance (class 2 and 4) and income tax.

Joseph

[halifax101]

can we setup own company (then be employed by it) under uk ancestry visa?