UK Ancestry visa: How can I settle in the UK?
The main requirements for indefinite leave to remain as UK Ancestry visa holder are set out in Paragraph 192 of the Immigration Rules. You will need to:
- continue to meet all of the entry requirements as set out in Paragraph 186 (i)-(v);
- have spent a continuous period of 5 years in the UK on the basis of UK ancestry;
- have passed tests to demonstrate your knowledge of English and Life in the UK (unless under 18 or over 65 at the date of application).
Satisfying the employment requirement for ILR on the basis of UK Ancestry
It is important that you are able to provide the requisite evidence to demonstrate that you were genuinely seeking work/ working. You are not however, required to be continuously employed while in the UK. The requirement is that you stay employed or seek further work.
One of the following can be accepted as evidence of employment:
- A letter from your current employer which confirms that you will continue in your current job with that employer;
- Documents to show that you are employed such as recent wage slips.
One of the following can be accepted as evidence of self-employment:
- Business and/or company accounts;
- Official letter from a registered accountant which confirms self-employment;
- Official tax documentation.
This is not an exhaustive list, and there are a range of further documents which you can provide as evidence of being a self-employed person.
What if I am unemployed at the date of application?
If you are unemployed at the date of application, the Home Office will ask for evidence of your employment record throughout your 5 years in this category and of any attempts you are making to find work.
Your application may be granted if there is evidence that you are currently working or genuinely looking for work.
If it is clear that you were not employed throughout the 5 years, the Home Office must be satisfied that you have lawfully supported yourself without access to public funds.
Your application will be refused under paragraph 193 of the Immigration Rules with reference to 192(i) and 186(iv) on the basis that you do not intend to take or seek employment if the evidence suggests that you have not been seeking and do not intend to seek work.
You should specifically ask for indefinite leave to remain. If you have been in the UK for 5 years on the basis of a UK Ancestry visa and apply only for an extension of existing leave to remain, your application will not be treated as one for indefinite leave to remain.
How our immigration barristers can help
Our immigration barristers are experts on the Immigration Rules. We can provide you with a professional assessment of your prospects of being granted settlement on the basis of UK Ancestry and, where appropriate, assist you to prepare a successful application. You can contact our immigration barristers on 0203 617 9173 or via our enquiry form below.