British Spouse - I am on Ancestral

[CAR01]

Hi, I am hoping that I can get some advice on the forum. I am married to a British Citizen (born in South Africa but BC through Scottish Father), our 2nd wedding anniversay is at the end of September 2009. We have been in the UK since 29 December 2008 and I have entry clearance on an Ancestral visa. I applied for this visa as we had only been married for 1 year at the time of application and as we are both in our late thirties, we had no 2 year proof of our "living together/relationship" prior to our marriage as we both had separate bank accounts and established lives before living together 6 months prior to our wedding. It was also the cheaper option and the easier one to prove as I had all the required documents plus loads extra. I have a 13 year old daughter from a previous relationship (not marriage) who is still in South Africa and joining us in December 2009. I have contemplated switching visa category before she applies for her visa, but the PEO fee is a bit high considering all the other requirements I have to meet to satisfy the ECO for my daughters application. My husband and I are both employed permanently. My question is, should I switch to a Spouse visa, can this be backdated to the date my husband arrived in the UK as this visa is dependant on his BC status (I personally know of someone who had this done when they switched). What documents do I need to provide if I do switch to Spousal in the UK. Secondly, as I am not currently on a Spouse visa, if I apply for a Schengen visa as a spouse of a BC but with an Ancestral visa, is the Schengen visa still issued free of charge is I can show proof of our marriage. Thirdly, I have read on the UKBA website that if you have been married to a BC for 3 or 4 years, you can apply for ILR etc if you have been in the UK legally - does this only apply to Spouse visa or will I qualify on an Ancestral for this. Any info will be greatly appreciated and sorry for all the questions in one go, but time is running out and need to get things sorted out for my daughter. Thanks and regards, C.[/code]

[Obie]

You can switch to the spousal visa , as that is provided for on Part 8 Paragraph 284 of UK Immigration Laws.

Also you are eligible for free Schengen Visa, as long as you are married to an EU citizen. Your right to that is not dependent on the type of residency you hold

Article 5 Directive 2004/38 EC
Right of entry

2. Family members who are not nationals of a Member State
shall only be required to have an entry visa in accordance with
Regulation (EC) No 539/2001 or, where appropriate, with
national law. For the purposes of this Directive, possession of
the valid residence card referred to in Article 10 shall exempt
such family members from the visa requirement.
Member States shall grant such persons every facility to obtain
the necessary visas. Such visas shall be issued free of charge as
soon as possible and on the basis of an accelerated procedure.

[vinny]

You can switch to the spousal visa , as that is provided for on Part 8 Paragraph 284 of UK Immigration Laws.

Switching from another category.