Timing of Ancestry dependant application and application to settle on Ancestry route?

[TFC]

Hello!

My partner is currently applying to be a dependant partner on my Ancestry visa. Her current Graduate Visa expires in August. My ancestry visa expires in October this year, so I'll be applying to settle via the Ancestry route come September/October.

Assuming my partner's dependant application is successful before I apply for ILR, she'll also apply for ILR with me on the Ancestry route.

But what happens if she hasn't received a decision on her dependant application by the time I need to apply for ILR? Will she have to resubmit her application? If she's successful after I successfully apply for ILR, I assume she'll then have to apply for ILR?

Again, searched for this in the forum, but couldn't find anything! Apologies if this has already been answered.

Thanks!

[meself2]

Assuming my partner's dependant application is successful before I apply for ILR, she'll also apply for ILR with me on the Ancestry route.

I'm slightly confused. Why would she apply for ILR with you?
Her eligibility for ILR is not the same as yours and your ILR doesn't automatically mean she can apply.

She would have to stay for 5 years on the Ancestry route to be eligible for ILR, unless she can do it earlier via 10 year route (don't know her previous immigration route).
https://www.gov.uk/ancestry-visa/your-p ... d-children

Your partner or child can:
[...]
apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if they’ve lived in the UK for 5 years and meet the other eligibility requirements

[TFC]

She'll have been in the UK for 8 years in August. We thought from reading UKA 27 and UKA 28 of the Immigration Rules Appendix that she would be eligible to apply for ILR once I was. Would she instead only get permission to stay for another 30 months?

https://www.gov.uk/guidance/immigration ... k-ancestry

[meself2]

She'll have been in the UK for 8 years in August. We thought from reading UKA 27 and UKA 28 of the Immigration Rules Appendix that she would be eligible to apply for ILR once I was. Would she instead only get permission to stay for another 30 months?

https://www.gov.uk/guidance/immigration ... k-ancestry

Apologies, you're correct - https://assets.publishing.service.gov.u ... routes.pdf

If the lead applicant is being granted settlement in, gained settlement through or has
been granted citizenship following, UK Ancestry or Representative of an Overseas
Business permission, the dependant may apply for settlement without completing a
qualifying period and provided they can switch into the route.

[meself2]

I guess, UKVI's website and guidance aren't in sync as usual. So, let's look at this again:

But what happens if she hasn't received a decision on her dependant application by the time I need to apply for ILR? Will she have to resubmit her application? If she's successful after I successfully apply for ILR, I assume she'll then have to apply for ILR?

Guidelines say that:

Lead applicant settled status requirement
The lead applicant must either:
• be being granted settlement at the same time as the applicant

Would you be able to vary the application and get the refund for previous one later?
In the guidance, "Last grant settlement requirement" part doesn't apply for Ancestry visa.

[TFC]

If I've understood the rules and guidance correctly (and I'm not sure I have!), then she can either:

- apply now to be my dependant. If that's approved before my ILR application, then she applies for ILR when I do;

- apply now to be my dependant. If that's not approved in time then, once it is approved (assuming it is), she applies straight away for ILR, because she can as my dependant where I've settled on the Ancestry route. Or we vary the application, as you say, but I feel a bit nervous about that where she otherwise won't have a valid visa.

We can't wait for me to apply for ILR because her visa will run out before then. So we need to at least get her dependant application in.