wife has ancestral visa and has now become citizen

sa.dude · Post by **sa.dude** » Tue May 04, 2010 9:06 pm

My wife has a ancestral visa and myself and the kids came to the uk with her as dependants, she has since become a citizen. She has dual citizenship now so we recently renewed our visas so myself and the kids could stay.... A few months after that she kicked me out the house and said she would not do it again. I still have approx 3.5 years left on my visa please could you advise me on what I should do. Must I try apply for some other type of visa or is there another way around it. I have done my life in the uk test and in sept I will be here for 5 years, can I apply for ILR without her? Please help.

Post by **John** » Tue May 04, 2010 9:18 pm

I don't understand why you have 3.5 years left on your visas. Were those visas applied after your wife got her ILR, or even after she became a British Citizen?

Without disclosing any names, can you say exactly what it says on your visas?

Were the visas applied for in the UK? Or outside the UK?

sa.dude · Post by **sa.dude** » Tue May 04, 2010 9:34 pm

We got the ancestral visa when we were still in south africa so that we could get into the uk, once we were here a few months she managed to get her citizenship. Myself and the kids just kept on using our visas which we are dependants on. They eventually expired and had to be renewed, she applied for another one with us as dependants(even though she is a citizen) and she could do this cause she has dual citizenship. We now have these biometric ones which expire dec 2014 and what it states on mine is dependant partner leave to remain, work permitted. Hope that makes it a bit clearer

AntCoe · Post by **AntCoe** » Wed May 05, 2010 4:25 pm

IMPOSSIBLE.

Upon entering the uk on an ancestry visa, you wife (you included) have to stay in the country for at least 5 years before she (you included) can apply for citizenship.

When you say that she got her citizenship after a few months does ot make sense. Get your facts straight please!

Post by **John** » Wed May 05, 2010 4:50 pm

Comments about the last two posts. Firstly, sa.dude, are you actually saying that your wife got a new visa after she was a British Citizen? That does not sound right at all, and it is possible that visa is void, and if so, the visas for the rest of the family could also be void.

AntCoe, I don't think impossible, if indeed the person could have claimed their British Citizenship earlier, but instead went first for an Ancestry visa. But then they pursued their claim for British Citizenship.

sa.dude, does that sound about right? If not, please explain how your wife got her British Citizenship.

sa.dude · Post by **sa.dude** » Wed May 05, 2010 9:00 pm

We had our visas, she became a citizen and then just before those visas expired she applied for a new one with us as dependants. We recieved those with no questions asked. Hope we are not here illegally now. With her being a citizen is there any way of us becoming ones as well?

Post by **John** » Wed May 05, 2010 9:28 pm

I would very much welcome the opinions of others, concerning the visas issued after the main person became a British Citizen. Personally I have doubts about this, but am I overreacting?

sa.dude · Post by **sa.dude** » Thu May 06, 2010 5:11 pm

my wife has dual citizenship so do you think thats the way round the system how she managed to renew visas? My main thing is will myself and the kids ever have a chance of becoming citizens if she refuses to do that for us again?

Wanderer · Post by **Wanderer** » Thu May 06, 2010 5:20 pm

Sounds like you are on a spouse visa to me, issued after your dual national wife switched from ancestry visa, though why she was on that visa I've no idea.

If you are and your relationship is overthen you are illegal, tho in these situations the HO usually just let's the visa expire. The next step for you would have been ILR but ur wife has to co-operate fully for that and the relaonship has to be subsisting.

Can you post what is written on your last issued visa?

sa.dude · Post by **sa.dude** » Thu May 06, 2010 6:59 pm

all my current visa says is dependant partner, leave to remain and work permitted, there is no mention of what type of visa as such, these new biometric ones are not stamped in your passport, it is just a card with your pic on it and on the top it says residence permit and a number next to that.my original visa was stamped in my passport and when we asked why our new ones were not we were told that this is the new system. when we applied for them we all just sent in our south african passports and this is what was returned. when my work did there checks on me to make sure i was ok by phoning the border agency apparently i was ok, must say am getting pretty confused lol

BLK235 · Post by **BLK235** » Thu May 06, 2010 7:31 pm

If I were you I would do Subject Access Request (SAR) to learn what visa you are on and what else UKBA holding on your file.

Post by **John** » Thu May 06, 2010 7:58 pm

I think it is clear what visa he has, unfortunately! I say unfortunately because he has a dependent visa, based upon the main visa that should never have been issued, and certainly would not have been issued if the relevant British Mission knew she was already British.

The visa that should have been applied for is a standard 27-month spouse visa, and that ordinarily would have led to ILR nearly 2 years after entering the UK on that visa. But even that, given that separation happened just a few months later, would have ended up going nowhere.

sa.dude, your children are now British? Do you have access to them? Or indeed are they resident with you?

Post by **JAJ** » Sat May 15, 2010 6:29 pm

John wrote:I think it is clear what visa he has, unfortunately! I say unfortunately because he has a dependent visa, based upon the main visa that should never have been issued, and certainly would not have been issued if the relevant British Mission knew she was already British.

I suspect that what has happened is that the wife became a British citizen through UKM (born pre 1983 British born mother) after coming to the UK on an ancestry visa. A lot of South Africans fall straight into this trap.

Assuming this is the case ...

Solution is normally for the spouse and children to switch from ancestry dependent visa to spouse status. Need to confirm with an immigration lawyer, but I do not see any other pathway to ILR.

The waiting time of 2 years for ILR as a spouse normally starts from scratch, although they could try for ILR straight away by doing the Life in the UK Test and showing 4 years marriage outside the UK.

Once children have ILR, they can be registered as British citizens if still under 18.

I would point out that a bad visa strategy was employed. It's not a good idea to mix up ancestry and spouse visas. In this situation there are two good options : 1. Spouse gets British citizenship quickly and then sponsors for spouse visa, or 2. Spouse waits until after ILR is granted from ancestry visa before applying for British citizenship.

Post by **John** » Sat May 15, 2010 9:58 pm

JAJ, no doubt that is all correct. But the huge problem here is, as per the opening post in this topic :-

A few months after that she kicked me out the house

sa.dude · Post by **sa.dude** » Sun May 16, 2010 10:32 pm

My kids are in the same situation as me, they are also dependants on the visa. They live with their mother but I have them every second weekend, used to be more but she wanted more maintenance lol.
I have been sweet talking her and she has agreed now to sign as long as I pay all costs(think she has realised its not cheap for her to do just the kids) so it looks like I might have a chance now.... Hope I wont need her then when I eventually try apply for citizenship

Wanderer · Post by **Wanderer** » Sun May 16, 2010 10:44 pm

sa.dude wrote:My kids are in the same situation as me, they are also dependants on the visa. They live with their mother but I have them every second weekend, used to be more but she wanted more maintenance lol.
I have been sweet talking her and she has agreed now to sign as long as I pay all costs(think she has realised its not cheap for her to do just the kids) so it looks like I might have a chance now.... Hope I wont need her then when I eventually try apply for citizenship

But it would be an offence for her to sign if the marriage is not subsisting.

sa.dude · Post by **sa.dude** » Sun May 16, 2010 10:51 pm

so do you suggest that i seek some sort of legal help? i know this sounds bad but is that not my only way to stay here so that i can see my kids? or should i try find a new wife lol, heard thats the easy way.....

Wanderer · Post by **Wanderer** » Sun May 16, 2010 11:01 pm

sa.dude wrote:so do you suggest that i seek some sort of legal help? i know this sounds bad but is that not my only way to stay here so that i can see my kids? or should i try find a new wife lol, heard thats the easy way.....

There's the Access to a Child visa thing - no summert I know owt about ho...

Kitty · Post by **Kitty** » Mon May 17, 2010 9:23 am

You can apply to remain in the UK as a person with the right of access to a child who is resident here.

If your previous entry clearance was as a spouse then you can make the application from here under 248A of the Immigration Rules. In your position (entry clearance as a dependant of a non-settled person), I would think it simpler to make the application from SA under paragraph 246.

You will need a court order for contact, or an affidavit from your wife confirming that she agrees to contact, and the arrangements for that contact.

The initial grant of leave is for a year, with ILR available after that if circumstances are the same.

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wife has ancestral visa and has now become citizen

wife has ancestral visa and has now become citizen