Spouse Visa or Ancenstry Visa?

Old Mar 21st 2019, 1:50 pm
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Default Re: Spouse Visa or Ancenstry Visa?

Thanks to all that have responded,
It's disappointing to read I can't apply for ILR in the Spouse Category after living here 5 years on an Ancestry Visa
I've managed to track down a paragraph that specifically relates to the condition that Spouses must live together in an application for Indefinite Leave to Remain in the Spouse category.

E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.
There is a similar paragraph relating to Employment where periods of Unemployment require explanation.
I think it will be easier to get medical evidence that my Husband needs to live with and care for his mother than documents relating to my employment. My Husband and I can and obviously want to live together.
I have 6 months left before I need to apply for ILR. It's not the way we want it but in this time, changes in my mother-in-law's health may mean she needs professional live-in care, so our living arrangements may be resolved.

Last edited by GlenHuntly; Mar 21st 2019 at 1:53 pm.
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Old Mar 21st 2019, 5:06 pm
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Default Re: Spouse Visa or Ancenstry Visa?

Originally Posted by GlenHuntly View Post
Yes. My Mother's mother was born in London.
My 3 other Grandparents were born in Australia 1890-1910 and my Parents in Australia early 1930's, making all my Australian relatives British Subjects until they acquired Australian Nationality when this was created in the in the late 1940's
Not wishing to give false hope...
May I ask BritInParis if the Original Poster might qualify now for British citizenship under the terms of The Advocate General for Scotland v Romein [2018]?
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Old Mar 21st 2019, 5:15 pm
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Default Re: Spouse Visa or Ancenstry Visa?

Originally Posted by Carol&John View Post
Not wishing to give false hope...
May I ask BritInParis if the Original Poster might qualify now for British citizenship under the terms of The Advocate General for Scotland v Romein [2018]?
Unfortunately not.
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Old Mar 21st 2019, 5:23 pm
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Default Re: Spouse Visa or Ancenstry Visa?

Yes, unfortunate. Thank you for the prompt reply.
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Old Mar 23rd 2019, 10:01 pm
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Default Re: Spouse Visa or Ancenstry Visa?

Originally Posted by BritInParis View Post
Self employment may be a solution; being nominally employed by a family member is not.
I've been sitting down with my Husband and going through our options.
He has been an enthusiastic eBayer for years, selling what he makes as a hobby but making less than £1,000 a year.
It has always been a partnership, him doing most of the work, me stumping up cash for hobby supplies and him repaying me. I've kept informal track of his Sales and Purchases on eBay.

How far would we need to progress for me to be classed as Self Employed. I've read on the HRMC site about Sole Traders and Business Partnerships.
Sole Trader appears to be easier and avoids complications with his benefits (none of which are currently income dependant)
I'm already registered for Self Assessment with HMRC, to pay tax on my foreign shares.
Would I need separate registration as a Sole Trader?
The following
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Old Mar 23rd 2019, 10:15 pm
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Default Re: Spouse Visa or Ancenstry Visa?

Originally Posted by GlenHuntly View Post
I've been sitting down with my Husband and going through our options.
He has been an enthusiastic eBayer for years, selling what he makes as a hobby but making less than £1,000 a year.
It has always been a partnership, him doing most of the work, me stumping up cash for hobby supplies and him repaying me. I've kept informal track of his Sales and Purchases on eBay.

How far would we need to progress for me to be classed as Self Employed. I've read on the HRMC site about Sole Traders and Business Partnerships.
Sole Trader appears to be easier and avoids complications with his benefits (none of which are currently income dependant)
I'm already registered for Self Assessment with HMRC, to pay tax on my foreign shares.
Would I need separate registration as a Sole Trader?
The following
Using self employment to meet the spouse visa financial requirements requires a lot of evidence. There are many threads on this subject which you can do a forum search for, but here's a relatively recent one Spouse VISA via self employed Success! - Financial Requirement section
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Old Mar 23rd 2019, 11:14 pm
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Default Re: Spouse Visa or Ancenstry Visa?

Originally Posted by spouse of scouse View Post
Using self employment to meet the spouse visa financial requirements requires a lot of evidence.
Thanks for this. It's not to meet the financial requirement of the Spouse ILR, it's to meet the employed requirement of the Ancestry ILR. I'll still check out the Forum
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Old Mar 23rd 2019, 11:40 pm
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Default Re: Spouse Visa or Ancenstry Visa?

On another slightly different topic, the various forms ask if I have a Home office reference number. There appears to space for 8 digits
My Visa was done as a Vignette in my passport. I think they've gone to Biometrics Residence Permits now but the details seem the same and I had my fingerprints taken for it.
There are 2 numbers on the Vignette.
  1. In the top right hand corner a large 9 digit number in red, There are leading zeroes so this could go into an 8 digit field
  2. Just below the Valid to date a 7 digit VAF No, With a leading zero so this could also go into an 8 digit field
Would either of these be a Home Office reference number?

I'm not sure its significant, just helps to associate paperwork over time
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Old Jun 20th 2019, 2:48 am
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Default Re: Spouse Visa or Ancenstry Visa?

Don’t worry about the Home Office reference number. The likelihood is if you do have one you won’t know it and the Home Office doesn’t need it.
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