Residency options in year 10 in UK
Mar 27th 2024, 11:08 am
#1
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Joined: Feb 2017
Posts: 11
Residency options in year 10 in UK
Hi folks , hoping for some feedback/help its nearly time to crack into my next visa/residence application- and as usual I'm a bit confused at what my options are.
I have been in UK ( NZ citizen) on ancestry leave to remain x 2 since 22/07/2014, with my current residence permit due to expire on 03/07/2024- so excluding holidays will have actually been in the UK for a month or so under 10 years at the time my current visa/permit expires. Gainfully employed and of course I have received an email from HR saying right to work is expiring - what's happening !
1). Is the only option re staying in UK that I have to apply for unlimited leave to remain residency , and cannot go straight for residency based off my near 10 years in UK ?
2). Either way , is it correct that I can only apply for new visa 28 days prior to the expiry of current leave to remain , or can i apply earlier than this ? , and finally
3) Is it a better/good/possible option to apply for extension of my current visa, then go for residency on the back of that, or do i simply have to have unlimited leave to remain visa before I can apply for citizenship, regardless of time legally spent in the UK
Many thank in advance for any advice and help
Rick
I have been in UK ( NZ citizen) on ancestry leave to remain x 2 since 22/07/2014, with my current residence permit due to expire on 03/07/2024- so excluding holidays will have actually been in the UK for a month or so under 10 years at the time my current visa/permit expires. Gainfully employed and of course I have received an email from HR saying right to work is expiring - what's happening !
1). Is the only option re staying in UK that I have to apply for unlimited leave to remain residency , and cannot go straight for residency based off my near 10 years in UK ?
2). Either way , is it correct that I can only apply for new visa 28 days prior to the expiry of current leave to remain , or can i apply earlier than this ? , and finally
3) Is it a better/good/possible option to apply for extension of my current visa, then go for residency on the back of that, or do i simply have to have unlimited leave to remain visa before I can apply for citizenship, regardless of time legally spent in the UK
Many thank in advance for any advice and help
Rick
Mar 27th 2024, 1:14 pm
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Residency options in year 10 in UK
You cannot apply directly for naturalisation as a British citizen whilst holding a UK Ancestry visa; you need to apply for Indefinite Leave to Remain first.
You can apply for ILR at any time; you have been eligible since 2019.
Potentially you could be eligible for registration as a British citizen due to recent changes in British nationality law depending on the circumstances of your parents’ and grandparents’ births.
Edit: Looking at an older thread, I can see your maternal grandfather was born in Scotland, your mother was born in NZ in 1944 and you were born in NZ in 1969. There is a strong possibility therefore that you can apply to be registered as a British citizen based on this ancestry.
You can apply for ILR at any time; you have been eligible since 2019.
Potentially you could be eligible for registration as a British citizen due to recent changes in British nationality law depending on the circumstances of your parents’ and grandparents’ births.
Edit: Looking at an older thread, I can see your maternal grandfather was born in Scotland, your mother was born in NZ in 1944 and you were born in NZ in 1969. There is a strong possibility therefore that you can apply to be registered as a British citizen based on this ancestry.
Last edited by BritInParis; Mar 27th 2024 at 1:24 pm.
Mar 28th 2024, 8:42 am
#3
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Joined: Feb 2017
Posts: 11
Re: Residency options in year 10 in UK
Thank you very much for your informed feedback- It's much appreciated.
Regarding the last piece around direct British citizenship, I did apply and was turned down for direct citizenship in 2017 based off all the great info you gave me back then- My father born in India during WWII to British parents, I'm sure I also passed over all the details for maternal grandparents, mother birth at the time. Have there been changes since then?- and if so would you be so kind to direct me to legislation change so perhaps I can have another crack ?
Many Thanks
Regarding the last piece around direct British citizenship, I did apply and was turned down for direct citizenship in 2017 based off all the great info you gave me back then- My father born in India during WWII to British parents, I'm sure I also passed over all the details for maternal grandparents, mother birth at the time. Have there been changes since then?- and if so would you be so kind to direct me to legislation change so perhaps I can have another crack ?
Many Thanks
