FLR(O) to UK Ancestry....

[inamuddle]

Hello,

I am in England (from Canada) on Discretionary Leave based on compassionate grounds as my British husband is disabled following a stroke. I have 2 years left until I have to reapply for Further Leave for another 3 years.

My situation is unstable as my husband is very abusive (pre and post stroke) and is also threatening divorce. I have UK Ancestry as my grandfather was born in England.

I want to stay in England as it is now my home and I feel an obligation to be near my husband even if we separate because there is no-one else to care for him as his health deteriorates. Is it possible to apply for UK Ancestry while I am on Discretionary Leave? Is it a 'switch' that can be done? I realize that I will have to go back to Canada to make my application but need to know if it is even an option. With a UK Ancestry visa, I will not be 'tied' to my husband should our relationship get worse than it already is.

I am 72 years old. I have UK State Pension, my pension from Canada and also a small but growing online business. My income at present is about £800 a month and increases slightly each month. Will my age work against me with UK Ancestry? Will my pension income offset the minimum savings requirement?

I realize that one disadvantage with UK Ancestry is that I will not have access to public funds which I have now. I am prepared for that as I intend to do whatever I can to support myself including renting a room rather than finding a flat. The advantage, which is very important to me, is that I will not be tied to a relationship so far as my immigration status is concerned.

The only other option that I can think of is to apply for Indefinite Leave based on Domestic Abuse. This is an option that leaves a bad taste in my mouth so would rather not go that route if possible. The abuse is not physical but verbal...name-calling, accusations, slander in the community, threats. And it is from himself and his two sons. Much of it is written as my husband likes to have a record of his abuse...so it is not difficult to prove. How difficult is it to have such an application accepted?

Sorry, lots of questions. If anyone has any advice or suggestions, I'd be most grateful.

Thanks kindly

[CR001]

You cannot 'switch' within the UK to a UK Ancestry visa. You would have to apply from Canada and meet all the requirements. Current fee is £496 PLUS you have to pay the £1000 Immigration Health Surcharge.

There is no age limit for applying for an Ancestry visa but you must show evidence that you intend to work, maintain and accommodate yourself without any public funds.

For Domestic Abuse ILR, you have to have evidence from police, GP, support services, social services etc. Also not sure if possible from DLR.

[inamuddle]

Thank you kindly for your reply. As I said, I do realize that I must return to Canada in order to apply for a UK Ancestry visa and I understand the costs involved.

I already have a National Insurance Number and I already have State Pension and I have Discretionary Leave. Applying for a UK Ancestry visa is generally done by someone who lives in a Commonwealth country, not one who is living here. My address is in England, not in Canada. I would be visiting Canada when I apply.

So my question is, can a person in my position, living here with Discretionary Leave, return to Canada as a visitor and make application for a UK Ancestry visa.

I can't find that answer anywhere on the government website.

Thanks kindly

[CR001]

It is not about where you live but where you have the right to legal residence. As a Canadian citizen, you have the right to reside in Canada, which is why you apply from there, even though you live in England.

How long have you been in the UK?

How did you qualify for a State Pension?

It is an employment visa and UKVI will expect to see proof that you intend to work in the UK. A NI number is not sufficient.

[inamuddle]

I have been in England since 2009 although I had to return to Canada for almost 2 years (2014-2016) for personal reasons. My husband is British which is why I have State Pension. I had completed 3 years Discretionary Leave (2010 - 2013) when I had to return to Canada and was subsequently given an additional three years when I returned last year.

There will be no difficulty providing proof re: work as I have an online business here in England.

Can I ask another question please? When I was granted Discretionary Leave this time round, I was told I would have to go through 6 years before I could apply for Indefinite Leave. I was told that the 3 years I went through previously do not count. But I can find nothing online that specifies that the 6 years have to be consecutive. As it stands I will have gone through a total of 9 years on Discretionary Leave before being able to apply for Indefinite Leave.

Do you know if it is stated anywhere in Home Office that the 6 years have to be consecutive? I haven't been able to find it in writing anywhere.

Thanks again

[CR001]

Yes it must be consecutive and an absence from the UK of 180 days or more breaks your continuity of residence. So when you returned after two years, you started from scratch again.

https://www.gov.uk/settle-in-the-uk/y/y ... nary-leave

For UK Ancestry, I am not sure if the state pension will be an issue as you are not permitted any public funds/benefits.

[inamuddle]

Thanks so much. I understand now why it must be consecutive. State Pension will not be a problem. It is not considered 'public funds' as it is based on my husband's NI contributions. I will receive State Pension as long as we are married no matter where I live. I received it while I was living in Canada. If he were to die, the amount I receive will be different as a widow.

Thanks for the link.