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Dual national applying for ILR - questions on application and travel
Posted: Fri Apr 13, 2018 3:35 pm
by jcoooooper
Hello all,
I am an Australian/Canadian citizen that has been employed on an ancestry visa for the past 5 years, which is due to expire in early May.
I am intending to apply for ILR through post, and use my Canadian passport to travel in the interim (ancestry was attached to Aus passport).
Question, how long after submitting my application via post will it take to have some sort of confirmation of having a right to work/live in the UK. And once in possession of this document, will I have any issues getting in and out of the UK to travel if I have a valid Canadian passport whilst my Australian one is impounded for the 6 months.
Many thanks for any help.
Re: Dual national applying for ILR - questions on application and travel
Posted: Fri Apr 13, 2018 4:26 pm
by jcoooooper
Oh and one other item.
I lost my passport with the original ancestry visa in it.... I managed to get registered traveller status for the last couple of years so no probs getting in and out of the UK on my Australian passport.
I have copies of the original work visa, but the original is obviously long gone.
Will that matter during my application to move from Ancestry to ILR?
Cheers,
John
Re: Dual national applying for ILR - questions on application and travel
Posted: Fri Apr 13, 2018 5:03 pm
by zimba
ILR status is not attached to one of your nationalities, so you can enter with either passport as long as you have ILR.
Also you should not travel outside the UK while you have a pending application, this will invalidate your pending ILR application and terminates the section 3C protection.
You do not need to show the original visa and HO has access to all your immigration history, however you need to mention that the passport was lost and provide police report info on the ILR form
Re: Dual national applying for ILR - questions on application and travel
Posted: Sat Apr 14, 2018 8:57 am
by jcoooooper
Thanks Zimba!
I don’t have a police report for the lost Passport. Would they issue one if it was 2+ years ago? Are there any other options?
Also, do I definitely need all my birth certificates (mine, mothers, grandmothers?)
Cheers
Visa expiring next week
Posted: Tue May 01, 2018 7:15 am
by jcoooooper
Hi all,
Question....my visa expires next week; if I apply for ILR via the premium service, am I still able to work next week and beyond leading up to the appointment (in June)?
Many thanks,
John
Re: Visa expiring next week
Posted: Tue May 01, 2018 7:20 am
by CR001
Yes you can work as long as you apply before visa expiry. Premium service you get a decision on the day and your BRP card with 7 to 10 days delivered by DX Couriers.
Re: Visa expiring next week
Posted: Tue May 01, 2018 8:31 am
by jcoooooper
Great, thanks Char.
That's the same advice I received from the agency assisting with my application, my only question is on the premium appointment section on the home office website (
https://www.gov.uk/ukvi-premium-service ... ppointment), it states the following:
"You can book a premium service appointment up to 45 days in advance.
You must attend your appointment before your current visa or leave expires or your application could be refused."
And also further down the page:
"If you cannot attend any of the appointments available at your preferred centre before your visa or leave expires, you must book one at a different centre."
there are no appointments available until June in any centers, however expiry is 8th May. Can I definitely apply and continue to work?
It's my ancestry visa expiring and I definitely don't want the last 5 years to start all over again (need that passport!)
I just want to double check the advice I've received.
Many thanks for your help
John
Re: Visa expiring next week
Posted: Tue May 01, 2018 9:27 am
by CR001
If you are not able to get a premium appointment, you will have to apply by post BEFORE your visa expires. You have left it very late to try get an appointment.
Applying by post gives you protection under Section 3C of the immigration rules, which means that even if you visa expires, your existing visa conditions continue provided you submitted an application to HO before expiry date.
Remember, you should not travel out of the UK while you have an application pending with HO as this will stop your Section 3C protection.
Re: Visa expiring next week
Posted: Tue May 01, 2018 9:58 am
by jcoooooper
CR001 wrote: ↑Tue May 01, 2018 9:27 am
If you are not able to get a premium appointment, you will have to apply by post BEFORE your visa expires. You have left it very late to try get an appointment.
Applying by post gives you protection under Section 3C of the immigration rules, which means that even if you visa expires, your existing visa conditions continue provided you submitted an application to HO before expiry date.
Remember, you should not travel out of the UK while you have an application pending with HO as this will stop your Section 3C protection.
Thanks Char,
To clarify.... I can get a premium appointment... but the appointment is only after my visa expires.
Am I able to continue to work if my premium appointment is after the visa expires?
Re: Visa expiring next week
Posted: Tue May 01, 2018 10:01 am
by CR001
To clarify.... I can get a premium appointment... but the appointment is only after my visa expires.
Am I able to continue to work if my premium appointment is after the visa expires?
No you cant and you will be an overstayer. You MUST apply either in person or by post BEFORE your visa expires.
Re: Dual national applying for ILR - questions on application and travel
Posted: Tue May 01, 2018 11:15 am
by marcnath
jcoooooper wrote: ↑Fri Apr 13, 2018 3:35 pm
Hello all,
I am an Australian/Canadian citizen that has been employed on an ancestry visa for the past 5 years, which is due to expire in early May.
I am intending to apply for ILR through post, and use my Canadian passport to travel in the interim (ancestry was attached to Aus passport).
Question, how long after submitting my application via post will it take to have some sort of confirmation of having a right to work/live in the UK. And once in possession of this document, will I have any issues getting in and out of the UK to travel if I have a valid Canadian passport whilst my Australian one is impounded for the 6 months.
Many thanks for any help.
As already advised, once you make an in-time application, you get Section 3C protection, so all your rights under the earlier visa continues.
But you can't travel in and out on your Canadian passport.
In fact, I hope you haven't travelled in on your Canadian passport at any time during the past 5 years.
If you have come in on a visa free entry at any time, your ancestry visa would have been invalidated as you can't have two types of entry at the same time.
Re: Visa expiring next week
Posted: Tue May 01, 2018 11:52 am
by jcoooooper
CR001 wrote: ↑Tue May 01, 2018 10:01 am
To clarify.... I can get a premium appointment... but the appointment is only after my visa expires.
Am I able to continue to work if my premium appointment is after the visa expires?
No you cant and you will be an overstayer. You MUST apply either in person or by post BEFORE your visa expires.
Thanks Char,
Miraculously, an appointment popped up on the 8th of May in London (nothing has been free for weeks).
Is it fine if that is the day of my visa expiry to conduct the interview then?
Cheers,
John
Re: Visa expiring next week
Posted: Tue May 01, 2018 11:56 am
by CR001
Yes, book it before it disappears.
In person appointments are NOT interviews.