UK Ancestry Visa: Conditions of Stay
In This Article
1. Overview of the UK Ancestry Visa
If you are granted entry clearance or permission to stay under the UK Ancestry visa, there are a number of conditions you must comply with whilst in the UK. This guide explains the conditions, rights, and requirements for living, working, and studying in the UK on a UK Ancestry visa.
It is possible to obtain a UK Ancestry visa if you are a Commonwealth citizen over the age of 17 on the date of intended arrival and it can be established that you have a grandparent born in the UK. You can find further details of the requirements on the UK Ancestry visa page.
This article details the conditions of stay once an application for a UK Ancestry visa is successful and leave is granted. Alongside the listed conditions, you will also be allowed to bring family members, such as a spouse and children to live in the UK as your dependents, subject to meeting the requirements.
2. Restrictions on Public Funds for Ancestry Visa Holders
Under the UK Ancestry visa, you are not permitted to access public funds. This is the reasoning behind the maintenance and accommodation requirements of the visa application. Public funds include the majority of state benefits and housing or homelessness assistance. This includes but is not limited to:
- Attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992
- Housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985
- Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act
- Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015
- Council Tax reduction under a Council Tax reduction scheme made under section 13A of the Local Government Finance Act 1992
The full definition of public funds is set out at paragraph 6.1 of the Immigration Rules.
3. Working in the UK on an Ancestry Visa
You can take on any type of employment or self-employment, such as through setting up your own business, under the conditions of a UK Ancestry visa. There are no restrictions on whether the work is on a full-time basis or part-time, paid or unpaid.
Once granted entry clearance or permission to stay, there is no need to obtain further permission from the Home Office to work. Such work does not have to be with a sponsor for licensed Worker or Temporary Worker visas.
4. Studying in the UK on a UK Ancestry Visa
Under the UK Ancestry visa, you are able to study in the UK, subject to Appendix ATAS which is explained below.
On the UK Ancestry visa, study should not be the primary reason for coming to the UK but it may be taken into account that studying can enhance employability prospects in the UK.
No limits are imposed on the type of course you may study or the hours of study. Studies do not need to be with a licensed student sponsor.
5. ATAS Conditions for Study
As an exception to the usual rules on studying above, if you wish to study a subject which is listed under Immigration Rules: Appendix ATAS and are not a national of an exempt country, it is necessary to obtain an Academic Technology Approval Scheme (ATAS) clearance certificate. This is obtained from the Counter-Proliferation and Arms Control Centre of the Foreign, Commonwealth and Development Office prior to commencing studies.
Disciplines included in Appendix ATAS are research, or doctorates or masters by research in:
- Subjects allied to Medicine, Biological Sciences
- Veterinary Sciences, Agriculture and related subjects
- Physical Sciences
- Mathematical and Computer Sciences
- Engineering
- Technologies
- And taught masters in related disciplines.
A full list of disciplines included and nationals who are exempt from the ATAS requirement is available on the UK Government website.
6. Changes to Police Registration
Prior to 4 August 2022, in exceptional circumstances, an immigration officer may have imposed a condition of police registration whilst in the UK. This scheme has ended and you no longer need to register. If you were previously told to do so, you no longer need to do this. Updated information can be found on UK visas and registering with the police.
7. Breaching the Terms of Your UK Ancestry Visa
If under the UK Ancestry visa, you breach your conditions of stay, you may be subject to any or all of the following penalties:
- Refusal of future applications under Part 9: grounds for refusal for entry clearance, permission to stay or settlement;
- Removal from the UK and a re-entry ban;
- If the case is serious, prosecution for an offence under section 24(1)(b) of the Immigration Act 1971.
8. Settlement and ILR Eligibility for Ancestry Visa Holders
Once you have lived in the UK for a period of five years or more under the Ancestry visa, since the visa is valid for five years, you may be eligible to apply for indefinite leave to remain. This process is set out in further detail in our article Settlement or ILR on the UK Ancestry Route.
However, if one or both of your parents are British citizens and you were born outside the UK, you may be British by descent. This means that you can claim citizenship without undergoing indefinite leave to remain applications and can register for British citizenship. Find out more about British Citizenship by Registration.
9. Contact Our Immigration Barristers
Our immigration barristers are experts on the requirements of the Immigration Rules. We can provide you with a professional assessment of your prospects of being granted entry clearance on the basis of UK Ancestry and, where appropriate, assist you to prepare a successful visa application.
For expert advice and assistance with an application for a UK Ancestry Visa, contact our immigration barristers in London on 0203 617 9173 or complete our enquiry form below.
10. Frequently Asked Questions
What is a UK Ancestry visa and who is eligible?
A UK Ancestry visa allows Commonwealth citizens aged 17 or over, who have a grandparent born in the UK, to live, work, and study in the UK. Applicants must demonstrate maintenance and accommodation and meet other eligibility requirements set out in the Immigration Rules.
Can I work in the UK on an Ancestry visa?
Yes. You can take any type of employment or self-employment, including setting up your own business. There are no restrictions on full-time or part-time work, paid or unpaid, and no sponsorship is required.
Am I allowed to study on a UK Ancestry visa?
Yes. You may study in the UK while on an Ancestry visa. Study cannot be the primary reason for coming to the UK, but it may enhance your employability. There are no limits on course type or study hours, and a licensed Student sponsor is not required.
Do I need ATAS approval to study in the UK on an Ancestry visa?
If you wish to study a subject listed under Appendix ATAS and are not from an exempt country, you must obtain an Academic Technology Approval Scheme (ATAS) certificate before starting your studies. This applies to certain research degrees and taught master’s programmes including specific science, engineering, and technology disciplines.
Can I bring my spouse and children to the UK on this visa?
Yes. You may bring dependents, including a spouse or civil partner and children, provided you meet the requirements.
Am I allowed to access public funds on a UK Ancestry visa?
No. You cannot claim several benefits, housing assistance, or Council Tax reductions. Applicants must demonstrate maintenance and accommodation as part of the visa application.
Do I need to register with the police?
No. The police registration requirement ended on 4 August 2022. If you were previously told to register, this is no longer necessary.
What happens if I breach the conditions of my visa?
Breaching your Ancestry visa conditions may result in refusal of future visa or settlement applications, removal from the UK with a re-entry ban, or, in serious cases, prosecution under the Immigration Act 1971.
How do I apply for indefinite leave to remain (ILR) on an Ancestry visa?
After living in the UK for five years on a UK Ancestry visa, you may be eligible to apply for ILR. The application process is detailed in our article Settlement or ILR Via the UK Ancestry Route.
Can I claim British citizenship if my parents are British?
If one or both of your parents are British citizens and you were born outside the UK, you may be British by descent. In this case, you can register for British citizenship without first obtaining ILR.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
