thefabulousmissra001

Hi, I cant seem to find an answer to this scenario:
My fiance is British citizen (living in UK) and Im an Australian citizen (living in Australia). I'm eligible for Ancestry visa through g'parent. If we want to marry here in Australia but then pretty much immediately return together to the UK to live at his place, should/could I apply for ancestry visa while here in Aus, he come over, we marry, return together to UK and then I change my visa to spouse/IRL once there? Or do I need to apply as a spouse visa? Seems ancestry would be easier. Most people who've asked similar are planning to wed in UK or their partner would be living in the non-UK country together but we will live in separate countries until married so Im not sure what is best/legal?! Thanks so much everyone!

Pulaski

Both routes are legal. You are free to choose the ancestry route because it is cheaper, and there are additonal advantages to choosing the ancestry visa route: if you are in the UK legally and already working then your income is included when establishing if your income meets the income requirements for FLR/ILR.

thefabulousmissra001

Ok thanks so much Pulaski for your reply thats awesome news! Just to clarify, I'll plan to apply for ancestry visa just before getting married here in Aus (within 3month timeframe req), he'll come over for wedding/honeymoon then we'll go back to UK. Theres no issue about needing to declare I've married a citizen before we enter UK together? Seems too good to be true but that will definitely make things easier!! :-D

Pulaski

There's no need to declare it, but you must respond truthfully if asked by the immigration officer; not that it makes any difference as you have a valid visa, and having an ancestry visa (or any other type of visa for that matter) doesn't prevent you from marrying a British citizen, nor does being married to a British citizen prevent you from applying for an ancestry visa.

thefabulousmissra001

Truly appreciate your time responding, it probably seems like obvious info but I've spent so long trying to find a clear answer, want to make sure we do things legally and as easily as possible. THANKYOU!! If all goes ahead I'll try to be an asset of info to this site as well, it makes such a big difference to clueless ones like myself!

Pulaski

You're welcome.

The question pops up here on BE fairly frequently, directly or indirectly .... meaning that when someone comes asking about the cost and requirements for a spouse visa, we usually ask if the non-British spouse is eligible for an ancestry visa because it is so much cheaper and the requirements easier to meet than for a spouse visa.

BritInParis

Why do you want to switch to a spouse visa if you have the option of an ancestry visa? Unless you plan on not working then it's a no-brainer in terms of time, money and hassle.

thefabulousmissra001

I'm glad to hear that it's not a problem to move to the UK on ancestry visa even once married to a british citizen. That was my main concern was if I was allowed to do that. Thanks for the responses much appreciated.
Do you mind me asking,I know a condition of the ancestry visa is working but if i have independent funds am I still required to work? Is the requirement just to stop people claiming gov support payments?

BritInParis

Yes, you need to work even if you have enough funds to be self-sufficient. It can be a full or part-time, self-employed, etc.. just so long you are working or can prove you are looking for work.

poida

It's definitely not a problem, I married a UK citizen in Australia and moved to the UK on an Ancestry visa as it was much cheaper than spousal and we didn't need to meet the financial requirements.

On the plus side, after 5 years you can apply for ILR and once granted you can immediately apply for UK citizenship.

You must work while on the Ancestry Visa but it can be self-employed or part-time, you won't be eligible for unemployment benefits but you are eligible for work benefits such as Paid Parental Leave and Statutory Sick Pay.