switching Ancestry to Spouse from within UK
May 10th 2014, 11:10 am
#16
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Re: switching Ancestry to Spouse from within UK
From a commonwealth immigration site
Ancestral visa holders need to show that they have been working or self-employed in the UK throughout the qualifying 5 years – i.e. that the visa holder complied with the terms of their visa throughout the 5 years.
This previously was a very flexible requirement. However it is now being viewed much more strictly by the UK Border Agency. Applicants need to be diligent in compiling as much material as possible throughout the 5 years. Many applicants may need assistance in this situation especially where a previous employer is no longer trading or in providing the correct proof of self-employment.
http://www.commonwealthimmigration.c...ILR_visas.html
Last edited by formula; May 10th 2014 at 11:21 am.
May 10th 2014, 11:14 am
#17
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Re: switching Ancestry to Spouse from within UK
Your spouse will still have to show that he can afford to sponsor you for a spouse visa and meet whatever financial requirements are in place at the time. Under present rules, your salary in the UK under your Ancestry visa, will be counted too to meet that financial requirement.
For combining Ancestry and spouse time to meet the 5 years: there have been a lot of new rules come out this year and I don't know if that will affect what you are hoping to do. You can either read the new rules on the government site, or ask on www.immigrationboards.com as some posters on there keep up to date with all the rule changes.
For combining Ancestry and spouse time to meet the 5 years: there have been a lot of new rules come out this year and I don't know if that will affect what you are hoping to do. You can either read the new rules on the government site, or ask on www.immigrationboards.com as some posters on there keep up to date with all the rule changes.
Last edited by formula; May 10th 2014 at 11:28 am.
May 10th 2014, 11:29 am
#18
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Re: switching Ancestry to Spouse from within UK
Are you sure that that is still the case for ILR?
From a commonwealth immigration site
Ancestral visa holders need to show that they have been working or self-employed in the UK throughout the qualifying 5 years – i.e. that the visa holder complied with the terms of their visa throughout the 5 years.
This previously was a very flexible requirement. However it is now being viewed much more strictly by the UK Border Agency. Applicants need to be diligent in compiling as much material as possible throughout the 5 years. Many applicants may need assistance in this situation especially where a previous employer is no longer trading or in providing the correct proof of self-employment.
http://www.commonwealthimmigration.c...ILR_visas.html
From a commonwealth immigration site
Ancestral visa holders need to show that they have been working or self-employed in the UK throughout the qualifying 5 years – i.e. that the visa holder complied with the terms of their visa throughout the 5 years.
This previously was a very flexible requirement. However it is now being viewed much more strictly by the UK Border Agency. Applicants need to be diligent in compiling as much material as possible throughout the 5 years. Many applicants may need assistance in this situation especially where a previous employer is no longer trading or in providing the correct proof of self-employment.
http://www.commonwealthimmigration.c...ILR_visas.html
May 11th 2014, 5:55 pm
#19
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May 11th 2014, 5:59 pm
#20
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Re: switching Ancestry to Spouse from within UK
All depends on your point of view. Forking out a couple of grand in visa fees whilst trying to keep up with ever changing rules and onerous financial requirements sounds like a more stressful to me than going out to work a couple of hours a week in a gift shop or tea room or whatever.
May 11th 2014, 6:11 pm
#21
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Re: switching Ancestry to Spouse from within UK
Yes I know, we are lucky we do have the financial ability to keep up with what is thrown at us though.
I will have to give it thought because my OH does not want me to really work although I don't mind working a couple hours a week because it may be fun. However we want to travel to Cape Town every winter for 3 months (my mom is 80 and I owe it to my sister and brother to go help plus we need the sunshine) and OH and I want to also travel with our caravan so Jobcentre may keep asking me why I was gallivanting around instead of looking for work?
I have looked at the spouse form and it is just an awful stressful form to fill in and keep doing which I agree with you there!
We are however only going back next year May 2015 now when OH retires instead of rushing off now (moment of panic started this thread
) and I will be 58 so not sure if they will give me Ancestry Visa at that age? Mind you, I can only draw my OAP at 66 so they can't really refuse me?
I will have to give it thought because my OH does not want me to really work although I don't mind working a couple hours a week because it may be fun. However we want to travel to Cape Town every winter for 3 months (my mom is 80 and I owe it to my sister and brother to go help plus we need the sunshine) and OH and I want to also travel with our caravan so Jobcentre may keep asking me why I was gallivanting around instead of looking for work?
I have looked at the spouse form and it is just an awful stressful form to fill in and keep doing which I agree with you there!
We are however only going back next year May 2015 now when OH retires instead of rushing off now (moment of panic started this thread
) and I will be 58 so not sure if they will give me Ancestry Visa at that age? Mind you, I can only draw my OAP at 66 so they can't really refuse me?
May 11th 2014, 6:16 pm
#22
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Re: switching Ancestry to Spouse from within UK
I am more worried about when I come to ILR and have to show I have been employed or self employed. I did think also of caring jobs working a couple of nights a week as a "fill in" or joining a temp agency working with them when I feel like it, or doing those in-store demonstrations for a company, again when I feel like it. They would be then able to give me a letter saying I am employed with them and I would have payslips. If excuse is needed I could always say I am an artist and only work part time as my art is my career?
What scares me is if they turn me down on ILR because rules have gotten stricter and I could have gone spouse and get ILR immediately after my 5 year "term". Hence the original question, if I could change visas half way through and use the time I have already been there towards the 5 years!
I had ILR before we came here, I can so kick myself for not going for naturalisation, never thought we would have this trouble! Still water under bridge and all that!
What scares me is if they turn me down on ILR because rules have gotten stricter and I could have gone spouse and get ILR immediately after my 5 year "term". Hence the original question, if I could change visas half way through and use the time I have already been there towards the 5 years!
I had ILR before we came here, I can so kick myself for not going for naturalisation, never thought we would have this trouble! Still water under bridge and all that!
May 11th 2014, 6:23 pm
#23
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Re: switching Ancestry to Spouse from within UK
"After five years continuous stay in the UK on an Ancestry visa you may apply for permanent residency as long as you still meet the requirements for the Ancestry visa and you have spent five years in employment in the UK without a break."
This is from Workpermit.com which Formula suggested I read
Would they consider 3 months a "break"?
This is from Workpermit.com which Formula suggested I read
Would they consider 3 months a "break"?
May 11th 2014, 6:25 pm
#24
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Re: switching Ancestry to Spouse from within UK
Another idea I had is to be self employed and find craft from South Africa (there is some really fine work there) and do the craft markets and then my trip to SA is justified, my annual leave and business searching out craft? Our accountant in UK could always do my tax return and I could become a "sole trader" ?? Ideas?
May 11th 2014, 6:54 pm
#25
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Re: switching Ancestry to Spouse from within UK
I would only go by what the Immigration Rules say rather than a third party website.
https://www.gov.uk/government/publications/uk-ancestry
https://www.gov.uk/government/public...n-rules-part-5
https://www.gov.uk/government/publications/uk-ancestry
https://www.gov.uk/government/public...n-rules-part-5
UK ancestry
Indefinite leave employment requirement
This page explains what evidence you need when you consider the employment requirement for a person who applies for indefinite leave (settlement) in the UK ancestry category.
A person with leave under UK ancestry is not required to be continuously employed while in the UK. The requirement is for them to stay employed or seek further work.
Applicant employed at date of application
If the applicant is in employment, you can accept one of the following as evidence:
A letter from their current employer which confirms they will continue in their current job with that employer.
Documents to show they are employed, such as recent wage slips.
You can accept one of the following as evidence the applicant is self-employed:
business and/or company accounts
official letter from a registered accountant which confirms self-employment
official tax documentation.
This is not an exhaustive list. For examples of other kinds of documentation a self-employed applicant can produce, see related link: Sponsor applications appendix A – List of documents, which includes self-employed people in group 6.
If the applicant provides other documentation as evidence to show they are self-employed and running their own business but you are not sure if you can accept it, you must speak to your line manager.
Applicant unemployed at date of application
If the applicant is unemployed, you must ask for evidence of their employment record throughout their five years in this category and of any attempts they make to find work. You may grant the application if there is evidence the applicant is genuinely looking for work.
If it is clear the applicant was not employed for long periods over the five years, they must give reasons why they failed to find work and evidence to show they have been looking for it. They must also give evidence of how they support themselves without a regular income. If you are not sure if the periods of unemployment are long enough to need this evidence, ask your senior caseworker or line manager. When you consider this both you and your managers will need to consider:
the amount earned during any periods of employment, and
whether this has continued to maintain the applicant during periods of unemployment.
You must refuse the application under paragraph 193 of the Immigration Rules with reference to 192(i) and 186(iv) on the basis that they do not intend to take or seek employment if:
there is no good reason for their failure to obtain work, and
the evidence suggests that they have not been seeking and do not intend to seek work.
Indefinite leave employment requirement
This page explains what evidence you need when you consider the employment requirement for a person who applies for indefinite leave (settlement) in the UK ancestry category.
A person with leave under UK ancestry is not required to be continuously employed while in the UK. The requirement is for them to stay employed or seek further work.
Applicant employed at date of application
If the applicant is in employment, you can accept one of the following as evidence:
A letter from their current employer which confirms they will continue in their current job with that employer.
Documents to show they are employed, such as recent wage slips.
You can accept one of the following as evidence the applicant is self-employed:
business and/or company accounts
official letter from a registered accountant which confirms self-employment
official tax documentation.
This is not an exhaustive list. For examples of other kinds of documentation a self-employed applicant can produce, see related link: Sponsor applications appendix A – List of documents, which includes self-employed people in group 6.
If the applicant provides other documentation as evidence to show they are self-employed and running their own business but you are not sure if you can accept it, you must speak to your line manager.
Applicant unemployed at date of application
If the applicant is unemployed, you must ask for evidence of their employment record throughout their five years in this category and of any attempts they make to find work. You may grant the application if there is evidence the applicant is genuinely looking for work.
If it is clear the applicant was not employed for long periods over the five years, they must give reasons why they failed to find work and evidence to show they have been looking for it. They must also give evidence of how they support themselves without a regular income. If you are not sure if the periods of unemployment are long enough to need this evidence, ask your senior caseworker or line manager. When you consider this both you and your managers will need to consider:
the amount earned during any periods of employment, and
whether this has continued to maintain the applicant during periods of unemployment.
You must refuse the application under paragraph 193 of the Immigration Rules with reference to 192(i) and 186(iv) on the basis that they do not intend to take or seek employment if:
there is no good reason for their failure to obtain work, and
the evidence suggests that they have not been seeking and do not intend to seek work.
Last edited by BritInParis; May 11th 2014 at 6:57 pm.
May 11th 2014, 8:08 pm
#26
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Re: switching Ancestry to Spouse from within UK
Thanks for that, BritInParis.
So my understanding is that as long as I am employed (can provide pay slips or bank statements where income is deposited) especially the last year before ILR or can prove that I have been looking for work or I am self employed (can be artist which I am now) and have not been absent for more than 3 months out of the UK and I have not had recourse to public funds and can still maintain myself without recourse to public funds I should be granted ILR?
I also must keep a diary of when I was unemployed or looking for work with possible application letters etc to prove that I was honestly seeking work?
Then as soon as I get my ILR because I am married to a Brit I can naturalise immediately after doing the LIUK test?
So my understanding is that as long as I am employed (can provide pay slips or bank statements where income is deposited) especially the last year before ILR or can prove that I have been looking for work or I am self employed (can be artist which I am now) and have not been absent for more than 3 months out of the UK and I have not had recourse to public funds and can still maintain myself without recourse to public funds I should be granted ILR?
I also must keep a diary of when I was unemployed or looking for work with possible application letters etc to prove that I was honestly seeking work?
Then as soon as I get my ILR because I am married to a Brit I can naturalise immediately after doing the LIUK test?
May 11th 2014, 8:17 pm
#27
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Re: switching Ancestry to Spouse from within UK
Thanks for that, BritInParis.
So my understanding is that as long as I am employed (can provide pay slips or bank statements where income is deposited) especially the last year before ILR or can prove that I have been looking for work or I am self employed (can be artist which I am now) and have not been absent for more than 3 months out of the UK and I have not had recourse to public funds and can still maintain myself without recourse to public funds I should be granted ILR?
So my understanding is that as long as I am employed (can provide pay slips or bank statements where income is deposited) especially the last year before ILR or can prove that I have been looking for work or I am self employed (can be artist which I am now) and have not been absent for more than 3 months out of the UK and I have not had recourse to public funds and can still maintain myself without recourse to public funds I should be granted ILR?
I also must keep a diary of when I was unemployed or looking for work with possible application letters etc to prove that I was honestly seeking work?
Then as soon as I get my ILR because I am married to a Brit I can naturalise immediately after doing the LIUK test?
May 11th 2014, 8:39 pm
#28
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Re: switching Ancestry to Spouse from within UK
Thank you so much, I would be an absolute fool not to go for this route seeing that I qualify!
I would also like to thank the others who helped on this thread and perhaps this can also help other commonwealth citizens married to a Brit who are also considering these two options
I would also like to thank the others who helped on this thread and perhaps this can also help other commonwealth citizens married to a Brit who are also considering these two options
May 12th 2014, 5:14 pm
#29
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Re: switching Ancestry to Spouse from within UK
we want to travel to Cape Town every winter for 3 months (my mom is 80 and I owe it to my sister and brother to go help plus we need the sunshine) and OH and I want to also travel with our caravan so Jobcentre may keep asking me why I was gallivanting around instead of looking for work?
Last edited by formula; May 12th 2014 at 5:19 pm.
May 12th 2014, 5:25 pm
#30
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Re: switching Ancestry to Spouse from within UK
If you qualify for a spouse visa, you won't have to worry about meeting all the Ancestry visa working requirements for ILR.
Last edited by formula; May 12th 2014 at 5:28 pm.