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Ancestry visa - applying for ILR

Posted: Tue May 28, 2019 9:09 am
by Megan Daniels
Hello everybody, ok so heres my story. We decided to move over to England from South Africa and did this through an agency. My partner of 5 years at that time, and our son, became dependents on my anceatral visa.
Although my father and grandparents are British and born in England (Which means im british by decent) - i was advised to do an ancestral visa as this would be easier as we were not married at the time. Also not as expensive as i was 24 when we did the move 2 years ago. So finacially it was expensive.
Anyways, i have started reading up about the ILR and trying to figure out what i will need to get together for that time and i posted my question on social media. Being when the time comes, can my fiance and son just apply for ILR and i just apply for my British passport instead of going through all that hassle myself. Many people commented, some agencys i called said they dont see a problem, but others said it was actually against the law and i shouldn't of even been able to come on an ancestral visa if i was automatically british. So... Now what? I mean not only is doing the ILR confusing but also very expensive. Please advise. Thank you

Re: Ancestry visa - applying for ILR

Posted: Tue May 28, 2019 9:41 am
by CR001
Your dependents cannot apply for ILR independently if you do not apply. They only qualify if you apply.

They could of course apply for a spouse and child visa if you get a British passport however this will reset their clock to zero and a new 5 year route to ILR (2 x 2.5 year visas). The fees for this currently are £1033 each visa fee and £1000 IHS each.

Were your parents married when you were born?

Re: Ancestry visa - applying for ILR

Posted: Tue May 28, 2019 9:49 am
by Megan Daniels
Oh no, i guess i will need to get saving then.
Yes my parents were married when i was born.
Ok so if we do the spousal it sets the clock back again.... What if after the first 2.5 years they apply for naturalisation then?

Re: Ancestry visa - applying for ILR

Posted: Tue May 28, 2019 9:51 am
by CR001
Megan Daniels wrote:
Tue May 28, 2019 9:49 am
Ok so if we do the spousal it sets the clock back again.... What if after the first 2.5 years they apply for naturalisation then?
Not possible. They need ILR before they can apply for citizenship.

Re: Ancestry visa - applying for ILR

Posted: Tue May 28, 2019 11:20 am
by Megan Daniels
Ok thank you for your help :D