Ancestry Visa - a borderline case?

[Arkady]

Hi All,

My girlfriend's sister is seeking ancestry visa status in the UK. We've investigated all the rules, and read through the forums. It seems pretty clear that unless you are physically born on English soil - it is not likely to be granted.

Nonetheless - I thought I would ask if anyone has heard of an application similar to the following, being successful.

It seems like a borderline case, as her maternal grandfather was born in Ceylon in 1913, while his English mother was visiting her English husband (who was working there at the time).

The family moved back to England shortly after the child's birth. Both his older and younger brothers were born in England, and he spent his first 20 years in England before moving to Australia.

So - we have a situation where the entire grandparent's immediate family was born in England (and much of the family, including his brother, still lives here) all but for one son - who was born to English parents in a British Colony.

We're happy to seek a firm's professional advice on this matter (any recommendations are welcome), however, as there is a great community of knowledge on these forums - your thoughts would much appreciated.

cheers
charlie

[RobinLondon]

Sorry to say this, but I think your girlfriend's sister is going to be wasting her time. The Ancestry Visa provision is pretty lax in terms of many things such as legitimacy and actual employment. One thing that the Home Office is NOT lax on is the very strict, sacrosanct requirement that the grandparent put forth actually be born in the UK and Islands. The grandparent doesn't have to be born on "English soil", as you put it. Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands would also do.

So I'm sorry about that. It's unfortunate that this grandfather was born on his mother's jolly to Ceylon. The fact that all his siblings were British-born and that he lived there himself for 20 years is no basis for accommodation outside the rules. Putting forth an application or even seeing a solicitor would just be tossing quite a bit of good money away.

[JAJ]

One thing that the Home Office is NOT lax on is the very strict, sacrosanct requirement that the grandparent put forth actually be born in the UK and Islands. The grandparent doesn't have to be born on "English soil", as you put it. Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands would also do.

As would what is now the Republic of Ireland prior to 1 April 1922.

[mrmike]

so due to him being born in Ireland then your gfs sister will be able to apply for an Irish passport nd have indefinate stay in the UK (much better)

you only need a grand parent born in Ireland to get a full Irish passport

give that a go

[RobinLondon]

mrmike, read the original post. No one in the girlfriend's family is stated to be born in Ireland. JAJ and I were just stating the general rules for being granted an ancestry visa.

[mrmike]

my mixup - sorry