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Fri, 30/7/2010

Ancestry Visa

The UK Ancestry visa entitles a Commonwealth citizen, with a grandparent born in the UK, to gain entry to the UK to take up or seek employment and eventually settle in the UK.

How do I qualify for this kind of visa/permit?

  • You must be a Commonwealth citizen
  • You are 17 years of age or older
  • You must be able to prove that you have a grandparent born in the United Kingdom, Channel Islands or Isle of Man. This grandparent can be on either side of your family. A person can also apply for the ancestry visa if they are adopted, or if the parent through whom they are claiming ancestry is an adopted child;
  • You must intend to work and be able to work;
  • You must be able to support and accommodate yourself and any dependants without using public funds.

How do I apply and do I need entry clearance?

Application is made through the British High Commission in your home country.

You must get entry clearance for United Kingdom ancestry before you travel to the United Kingdom. However, applicants will under certain circumstances be allowed to change their visa status to an ancestry permit holder from within the United Kingdom.

Breytenbachs will be able to assist you in all instances.

Some Rules and Restrictions on a Holder of a UK Ancestry Visa:

  • The visa is granted for a period of five years, under the new Ancestry Visa rules. If you have received your Ancestry Visa under the old Immigration rules and it was granted for four years, you can apply for an extension of your visa for another year in order to reach eligibility for permanent residence.
  • You do not need a work permit and can work without restriction. You are also required to intend to work when coming to the UK.
  • You can leave and enter the UK multiple times.
  • You have no recourse to public funds.
  • You are allowed to apply for a dependency visa for a dependant who wishes to accompany you to the UK.

Does this visa lead to indefinite leave to remain?

Yes, one month prior to the expiry date of the visa at the end of the five years, the holder may apply for the status of 'indefinite leave to remain'. In order to be eligible to apply for indefinite leave to remain, the applicant must, if required, be able to provide evidence that they have indeed been working during the five years of their visa.

One of the main requirements relating to settlement on the basis of ancestral is that the applicant has spent a continuous period of five years in the United Kingdom in this capacity. Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain. Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period. However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.  

If the applicant does not, for some reason, meet the criteria required to apply for Indefinite Leave to Remain, then an application may be submitted for the extension of the Ancestry Visa status.

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