ILR - daughter no longer dependent (Ancestry visa)

[Len74]

I arrived in the UK on ancestry visa in 2011 with my daughter (who was 12 years old at the time)
In 2016 I entended the visa for us both.
Our visas are due to expire in 2021, to which we both wish to obtain Indefinite Leave to Remain.

My daughter is now 20, living with her boyfriend and has a child (who is British)
This means she is no longer classed as a dependent of mine.
She works part time (12 hours per week) only as their child is under 3.
She is not married.
She is not receiving public funds (our visas don't allow it)
Her residence card states: Type of permit: UK Ancestry, Leave to remain (exp 08-02-2021)

I can see that completing Set (O) for myself is no problem as I retain all individual information relating to my ancestry and it stipulates that I will be required to send evidence of this to the home office.

However, my daughter can't - Both her natural father and her grand father were born in NZ. She arrived in the UK as a dependent of myself.

What does my daughter need to do to obtain Indefinite Leave to Remain? What is her route of visa application?
This is further marred by the fact we can only apply online - it means I can't send both applications in together with a covering letter explaining the circumstances.

All help very much appreciated.

[CR001]

If I may ask, why haven't you both applied for ilr before??

She has to apply on her own set o form and prove with evidence that she isn't leading an independent life, which she clearly won't be able to do.

Alternative is to apply for ilr based on 10 years long residence shortly before the 10th anniversary of the date she entered the UK, provided HO don't ask questions when you apply for ilr and then subsequently curtail her visa.

[Len74]

**UPDATE**

Home office have advised me that because my daughter arrived as a dependent, I should apply for ILR with her still being a dependent.
When I then said "But she is over 18 and not living at home" I was advised they we're unable to advise me......

Now I'm even MORE confused as to what I should be doing.......

[CR001]

The call centre is outsourced to a third party agent. You are not speaking to ho directly.

[Len74]

If I may ask, why haven't you both applied for ilr before??

She has to apply on her own set o form and prove with evidence that she isn't leading an independent life, which she clearly won't be able to do.

Alternative is to apply for ilr based on 10 years long residence shortly before the 10th anniversary of the date she entered the UK, provided HO don't ask questions when you apply for ilr and then subsequently curtail her visa.

We have been financially unable to apply for ILR prior to this. In order to obtain ILR, we had to live in the UK for 5 years or more. The ancestry visa was only for 5 years, therefore I had no choice but to extend our visa.

After this took place, I left my abusive marriage. This meant finances became extremely tight - I simply was unable to afford ILR for us both.

Home Office have now advised that because she arrived as a independent, I need to add her to my own application for ILR.

Its very confusing.

[CR001]

You could have applied for ilr 28 days before your initial visas expired instead of an extension.

As a dependent ancestry visa holder, she only qualifies for ilr based on form set o if you apply at the same time (or she applies after you have ilr) AND she is not living an independent life with evidence to prove this.

[Len74]

You could have applied for ilr 28 days before your initial visas expired instead of an extension.

As a dependent ancestry visa holder, she only qualifies for ilr based on form set o if you apply at the same time (or she applies after you have ilr) AND she is not living an independent life with evidence to prove this.

That sucks doesn't it? I can obtain ILR with no problem but my daughter faces the harsh reality of being declined and removed from her young child as a result.

I'm not going to lie on my application forms. The fact is, my daughter does have a child and does live with her partner and his parents. However she isn't independently financing her day to day living as she only works 12 hours a week on minimum wage.

This is actually very scary to know, not only my daughters life but that of her own child, could be ripped apart.

[Zerubbabel]

Can't she obtain something through her partner? Is he British, EEA?

[Len74]

Can't she obtain something through her partner? Is he British, EEA?

Her partner is indeed British as is their daughter. But they aren't married.

On the positive side here, we have a year to look at available options (hence why I came here to seek advise)
Everything could change as well I suppose depending on what happens with Brexit etc.

[CR001]

She could switch to an unmarried partner visa, but would need 2 years rock solid evidence of 'living in a relationship akin to marriage'. It currently costs £1033 visa fee plus £1000 Immigration health surcharge and there is a minimum financial requirement that has to be met of £18,600pa.

Brexit doesn't affect UK immigration route applications. It affects EU citizens (non British) and their family on the EEA/EU directive rules route.

[Len74]

She could switch to an unmarried partner visa, but would need 2 years rock solid evidence of 'living in a relationship akin to marriage'. It currently costs £1033 visa fee plus £1000 Immigration health surcharge and there is a minimum financial requirement that has to be met of £18,600pa.

Brexit doesn't affect UK immigration route applications. It affects EU citizens (non British) and their family on the EEA/EU directive rules route.

I was just thinking the same! thank you for this.
They can prove they have been living together for that length of time and their combined incomce is indeed that much.

I think you are right - she needs to get her own independent visa. I'll forge ahead with my own IRL and my daughter can become....... independent.

Thank you for your guidance. It is much appreciated.

[CR001]

You're welcome. Feel free to ask any questions you might have.

Note also that once she reaches 10 years legal residence, regardless of different visa categories, she can still apply for ILR based on 10 years long residence on form SET(LR).

[Zerubbabel]

On the positive side here, we have a year to look at available options (hence why I came here to seek advise)

I can only congratulate you for having started working on the situation so early. I see so many people waiting literally days or weeks before the expiration of their residence to start considering their options. I for one spent more than 20 years as foreigner in UK and various other EU countries. I think the constant care of every foreign national in any country is to see that he complies with the conditions of his residence. Whatever the residence you have, the day you get it, you need to start thinking about your next application. That's the only reason why I am here and not in my country of birth.

The problem with visas based on dependency, is when the person is a bit adult, she or he may want to get some independence. Invariably they end up working and living with a partner. I have a similar case in my family where someone broke the dependency condition to go live with a partner who promised a marriage but changed mind later...

However, for your daughter, if she starts now building evidence for that route, this will enable her to apply for a visa through her partner. If they marry it's better. I they don't, they need to demonstrate that they live "akin to marriage". In particular, it's important to show shared financial commitments such as joint bank accounts, contracts and bills on both names... etc. The more, the better.