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ILR on UK Ancestry Dependency

Posted: Wed Feb 16, 2011 8:43 am
by e_man
Hi,

My wife has a UK Ancestry Visa and I have a dependency visa based on our relations.
We have not yet entered the UK on those visas, but I am thinking five years ahead about the possibility of obtaining an ILR :-)

Unfortunately, we may not enter the UK exactly on the date of the visa but rather two-three months later. My questions are:

1. Will we need to enter the UK on the exact day the visa start (=how strict are the five-year residential criteria)?

2. Will I be able, as her dependant, to apply after five years for an ILR even if she does not meet the full residential requirements?


Thank you so much

Posted: Wed Feb 16, 2011 8:59 am
by geriatrix
Under current rules:
1. If your wife enters UK after 28 days of visa effective / start date, she'll need to apply for extension before becoming eligible for settlement.
2. No.


regards

Thanks you

Posted: Wed Feb 16, 2011 9:19 am
by e_man
So, if I understand correctly, my elibility for ILR is not related to my period of residence in the UK: as long as my wife is eligible to apply for an ILR, and provided that I have lived with her in the UK two years before the application - I will be eligible too?

Posted: Wed Feb 16, 2011 9:41 am
by geriatrix
Under current rules:

You don't need to live with her in UK for 2 years before the application to be eligible for settlement ... as there is no such requirement (196D). You may enter UK a day before she applies for settlement and include yourself in the application!

But who knows what the rules will be when the time comes for your wife to apply for settlement?


regards

Thanks again!

Posted: Wed Feb 16, 2011 10:36 am
by e_man
Thank you for the useful info and quick responses!

I hope this is the final question..

Do you possibly know what are the allowed absence periods from the UK, within the five-year granted to UK Ancestry Visa holders? this is for my wife to be eligible to apply for settlement.

Posted: Wed Feb 16, 2011 11:43 am
by geriatrix
See UK Ancestry (page 19).


regards