Applying for ILR - Ancestry visa runs out?

[port119]

hi - my dad is applying for his ILR - but his Ancestry Visa will run out a 1 day before he would get the results (if we went the faster decision route). Does he need to renew his Ancestry visa?

his residency permit was issued on 01/01/2017 an valid until 15/01/2022
his uk entry clearance was issued 15/1/2017 valid until 14/2/2017 and he actually arrived in the UK 13/02/2017

so he could only apply on 16/1/2021 - 1 day after his Ancestry applies.

Hoping he doesn't need to renew his Ancestry visa as it would cost so much.

thanks!

[CR001]

Does he need to renew his Ancestry visa?

No.

his residency permit was issued on 01/01/2017 an valid until 15/01/2022
his uk entry clearance was issued 15/1/2017 valid until 14/2/2017 and he actually arrived in the UK 13/02/2017

He can apply within 28 days before the 1st January 2022.

so he could only apply on 16/1/2021 - 1 day after his Ancestry applies.

No. It is within 28 days before the initial visa/BRP start date..

Besides, if his visa expires after he has applied and while the application is being processed by UKVI, Section 3C of the Immigration Rules kicks in, meaning his Ancestry visa conditions continue until the application is decided.

[port119]

Oh really? That would be amazing. I’m a bit confused though. The official website says

“ When to apply
The earliest you can apply is 28 days before you’ve been in the UK for 5 years on your Ancestry visa. Your application may be refused if you apply earlier.”

Is there something I’m missing pls?
Thanks

[vinny]

Calculating the continuous residence period

CR 6.1. The continuous residence period in CR 2.1. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:

• (a) the date of application; or
• (b) any date up to 28 days after the date of application; or
• (c) the date of decision; or
• (d) for a person seeking settlement on the UK Ancestry route, the date of their last grant of permission.

He may include eligible family members.

[port119]

ok thank - but is this not for the "continuous residence requirement" , does it also apply to when you can send his IL application?

thanks!

[vinny]

Satisfying the required continuous residence requirement determines the earliest timing of an ILR application.

Qualifying period requirement for settlement on the UK Ancestry route

UKA 13.1. The applicant must have spent 5 years in the UK with permission on the UK Ancestry route as a person with UK Ancestry.

Continuous residence requirement for settlement on the UK Ancestry route
UKA 14.1. The applicant must meet the continuous residence requirement in Appendix Continuous Residence during the period in UKA 13.1.

[port119]

brilliant. thanks!