Misseve27

Hi There,

I'm not sure if this is the right area to post my question but I hope I've got it right!

I'm an Australian that has been living on and off in the United Kingdom for the last 4.5 years. It's coming up to my five year mark and I want to apply for my Indefinite Leave to Remain. I've been living in the UK on a Ancestry Visa and have not left the country for more then 6 months in any one year. I have a British boyfriend and we've been together for 2 years. I work full time, pay my taxes and have no criminal record.

Now my question is - My Ancestry visa started on the 10 May 2010 but I didn't enter the UK until the 17 July 2010. Will be Visa application be rejected because I'm 2 months short of the 5 year mark (which would be July)? I don't want to stay illegally in Britain so can I apply for my Visa in May? I've left the UK to live in Australia on 2 separate occasions for 4 months and another year for 5 months. Will this reflect badly on my application?

Any advise or help would be greatly appreciated. I'm very new to this and very nervous.

Kind regards,
Chelsea

BritInParis

The start date of your qualifying period is taken from when you enter the UK. You can apply a maximum of 28 days before the end of your qualifying period. Therefore if you apply more than 28 days before 17 July 2015 then your application is likely to be refused. The earliest date you can therefore apply is 19 June. There is a 28 day grace period when you can remain in the UK after your visa has expired. This however only brings you to 22 May leaving you 12 days short.

Unless anyone else can provide you with a solution I think you may have pay to have your ancestry visa extended in order to make up the shortfall before you can apply for ILR. Unfortunately that's currently £601.

As an Australian citizen you don't need to pass an English test but you will need to pass the Life in the UK test before you can apply for ILR.

https://www.gov.uk/settle-in-the-uk

Misseve27

Thank you so much!! You have no idea how much relief you have just given me!! I will apply to extend my Ancestry Visa then after a few more years apply for indefinite leave to remain.

Thank you so much for your very helpful information!

BritInParis

You'd only need a few more weeks on your second ancestry visa before you became eligible for ILR. I wouldn't wait any longer as the visa fees go up every April. Once you have ILR then it's only one more year until you can naturalise as a British citizen. If you marry your boyfriend then you can apply straight away.

Misseve27

Wow you're a world of info, thank you! I will apply for ILR before the fees go up, once i get my extension.

My boyfriend and I Intend to get married in the future but I don't want a marriage of convenience. So we're not relying on that card.

Thanks for all your wise words!

BritInParis

You don't need to marry your boyfriend to become a British citizen. It's just if you did get married then you don't need to wait until the end of your first year on ILR to apply to naturalise. Those not married to British citizens have to wait a year, those who are married to British citizens can apply straight away.