UK Ancestry Visa

UK ancestry visas aren’t widely talked about but immigration solicitors say that if you meet the eligibility criteria then the ancestry visa offers a flexible entry route into the UK. The ancestry visa can lead to UK settlement. In this blog we look at the eligibility criteria for a UK ancestry visa and application process.

Ancestry visa solicitors

The ancestry visa lawyers at OTS Solicitors in London can answer all your ancestry visa questions and best help you apply for your ancestry visa. Call us on 0203 959 9123 or complete our online enquiry form for a video conference, Skype or telephone appointment with one of our specialist immigration solicitors.

Am I eligible to apply for an ancestry visa?

You may be eligible to apply for an ancestry visa if:

• You are a citizen of a Commonwealth country and

• You are age seventeen or older and

• One of your grandparents was born in the UK and

• You can prove that you can work and that you genuinely intend to take or find Employment in the UK

• You have enough money (without applying for public funds) to support and house yourself and your dependants.

What are the advantages of an ancestry visa?

The ancestry visa is simpler and more flexible than a lot of other visa alternatives. The advantages of an ancestry visa are:

• You can work and study whilst on a UK ancestry visa

• You don’t need a job offer before you apply for an ancestry visa so it is a lot more flexible than a work visa such as a Tier 2 (General) visa

• You are not restricted to only being able to take up sponsored Employment with an employer who holds a Home Office Sponsor Licence. This means you have wider job opportunities than those who enter the UK on a Tier 2 (General) visa and you are also likely to find it easier to change jobs and employer

• If you wish to do so then you can set up your own business and work on a self-employed basis. An ancestry visa gives far more flexibility than either a start-up visa or an innovator visa . For those two types of visa you need endorsement from a Home Office approved Endorsing Body and to have a very detailed business plan to secure a visa

• The ancestry visa lasts for up to five years. You can apply to renew your ancestry visa or you can use it as a route to settlement in the UK. Once you meet the eligibility criteria and the residence requirement you can apply for Indefinite Leave to Remain and can go on to apply for British citizenship.

Can I apply for an ancestry visa if I am already in the UK?

You may already be in the UK on a work visa or student visa and be wondering if you can switch visa to an ancestry visa. The Immigration Rules say that you can only apply for an ancestry visa from outside the UK. So if you are already in the UK you would have to return overseas and make your ancestry visa application from outside the UK.

Grandparents and ancestry visa requirements

To secure an ancestry visa you need to be able to prove your heritage and that you have or had a grandparent who:

• Was born in the UK, the Channel Islands, the Isle of Man, the Republic of Ireland or on a British-registered ship or aircraft before the 31 March 1922 and

• Is or was your biological grandparent or grandparent or is or was your grandparent through a UK recognised adoption order. That means that either you or your parent could have been adopted and still meet the eligibility criteria for an ancestry visa. Your grandparents or parents do not have to have been legally married to one another to meet the ancestry visa eligibility criteria as it is the biological link or adoption order that is the key to securing an ancestry visa.

You will not meet the ancestry visa eligibility criteria if, for example:

• Your grandparent was born in a British colony or on a military base

• There was no legally recognised adoption order but instead an informal family type care arrangement

• You are claiming ancestry through a step-parent or step-grandparent. There needs to be a biological relationship or a UK recognised adoption order. The adoption order could have been made overseas but it has to have ‘legal standing’ in the UK.

What documents do I need for an ancestry visa?

An ancestry visa is all about your heritage so it is vital that you can prove your legal link to your grandparent and their place of birth. It can be best to get expert help to track down all the paperwork you need to prove that you meet the eligibility criteria for an ancestry visa.

The documents you need for an ancestry visa include:

• Your full birth certificate

• If you are married or in a civil partnership, your marriage certificate or civil partnership certificate (if your husband , wife or civil partner wants to join you)

• Your grandparent’s full birth certificate (this is the grandparent whose ancestry you are using as the basis for your ancestry visa application rather than the birth certificates of all your grandparents)

• Your parent’s full birth certificate

• The marriage certificate/s (if relevant) for your grandparents and your parents

• Any relevant adoption certificates (either for you or your parent)

• Your current passport or other travel identification

• Depending on the country you are applying from, your tuberculosis test results

• Your bank statements to show that you meet the maintenance requirement without resorting to public funds

• Evidence that you are intending to work in the UK. You don’t need a job offer but you do need to provide evidence of your intention to work or to set up your own business. The extent of the evidence needed about your intention to work may depend on your age and qualifications. For example, if you are a qualified engineer the Home Office may be more readily prepared to accept that not only do you intend to work but that you have reasonable prospects of doing so. It is best to take legal advice from an ancestry visa solicitor on the sort and extent of documents that you need to supply to the Home Office as evidence of your intention to work because the paperwork needed will depend on individual circumstances.

When can I apply for an ancestry visa?

The earliest time that you can apply for a UK Ancestry visa is three months before you plan to travel to the UK. It normally takes a few weeks for a decision to be given by the Home Office on your ancestry visa application. If you don’t want to wait weeks for a decision you can use the Home Office priority or premium service. Although the Home Office charges more for this service you will get a decision within days rather than weeks.

Can I bring my family to the UK on my ancestry visa?

You can bring dependent family members with you to the UK but they will need a dependent visa if they are not EU citizens (and after the end of free movement EU citizens who are dependent family members will also need a dependent visa).

Family dependants are any of the following categories of people:

• Your partner

• Your child provided that they are under the age of eighteen

• Your child who is over the age of eighteen provided that the child is already in the UK as a dependant.

Your dependent/s can apply for a visa at the same time as your ancestry visa application or at a later date.

Settling in the UK on an ancestry visa

If you secure an ancestry visa it will last for five years. You can then:

• Apply to extend your ancestry visa application or

• Apply for UK settlement or Indefinite Leave to Remain.

If your application for a UK ancestry visa is successful, you will be granted leave to enter the UK for a period of up to five years.

It is best to take legal advice to see if you meet the residence requirements for an application for Indefinite Leave to Remain as if you don’t meet the criteria then you may need to ask the Home Office to extend your ancestry visa or to exercise their discretion on your ILR application. If you make an application to extend your ancestry visa then the visa can be extended for five years.

It is essential that your visa extension application or your Indefinite Leave to Remain application is submitted to the Home Office before the expiry of your existing ancestry visa.

Ancestry visa solicitors

The ancestry visa lawyers at OTS Solicitors in London are experts in ancestry visa applications and can answer your ancestry visa questions and help you successfully apply for your ancestry visa. Call us on 0203 959 9123 or complete our online enquiry form for a video conference, Skype or telephone appointment with one of our specialist immigration solicitors.

OTS Solicitors specialises in immigration law . The firm is recommended in the two leading law directories, The Legal 500 and Chambers Guide to the Legal Profession. The specialist lawyers provide easy to follow immigration legal advice looking at your best visa options. For expert Immigration law advice you can trust from specialist ancestry visa solicitors call the Immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us here.