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ILR and Marriage - question as to route

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Cman
Newly Registered
Posts: 13
Joined: Thu Nov 01, 2018 10:51 am
New Zealand

ILR and Marriage - question as to route

Post by Cman » Fri Oct 30, 2020 10:58 am

Hello,

My wife is able to apply for ILR from March 2021 after having done 5 years on ancestry in the UK. I want to check what visa would be best for myself as I have heard two different opinions from two lawyers.

Some context:
March 2016: My wife moves to UK and starts her Ancestry Visa
April 2017: I move to UK and start my Tier 5 youth mobility visa
Feb 2019: My wife and I marry
March 2019: I switch from YMV onto a dependant of my wife's Ancestry visa

From this my wife can apply for ILR from 28 days before her visa is up in March. For myself however and from what the two lawyers have told me :
Lawyer 1 believes that I can get ILR at the same time as it is an 'outlier in the immigration rules' and that I 'remain in the only category where it applies that you apply at the same time as your partner regardless iof it being 5 minutes or 5 years on the visa.'
Lawyer 2 believes that I would need to get dependant on ancestry for a further 3 years before getting ILR.

I just want to get some more advise as to what the appropriate course here is - ideally I would like to get ILR at the same time as this would cost less in the long run but from what I know there is no way around the 5 year requirement.

If anyone has some experience in a case similar to this I would greatly appreciate being pointed to the relevant law/immigration rules that apply here.

Thanks,

Cman
Newly Registered
Posts: 13
Joined: Thu Nov 01, 2018 10:51 am
New Zealand

Re: ILR and Marriage - question as to route

Post by Cman » Fri Oct 30, 2020 11:47 am

Further to the above I think I have found the relevant rules but still I am not 100% sure that they apply. Paragraphs 281-282, possibly 284 and 287 as well on

https://www.gov.uk/guidance/immigration ... ly-members

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR and Marriage - question as to route

Post by vinny » Fri Oct 30, 2020 12:09 pm

I agree with Lawyer 1. Apply for ILR with wife, subject to 196E, including KoLL, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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