ILR As UK Ancestry Migrant

You can apply for Indefinite Leave to Remain (ILR) as a UK Ancestry migrant upon completion of 5 years residence in the UK under UK Ancestry visa. Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved. You can apply for ILR as UK Ancestry 28 days before completing the 5 years qualifying period. An application for ILR as a UK Ancestry migrant is made using application form SET (O).

Our expert team of UK Ancestry visa solicitors are specialists in dealing with ILR applications for UK Ancestry migrants. As specialist UK Ancestry visa solicitors, our highly experienced immigration lawyers have wealth of knowledge and experience to provide high quality legal services for ILR applications. Our ILR solicitors have helped thousands of UK Ancestry Migrants with their Indefinite Leave to Remain (ILR) applications. The high quality of our legal services is self-evident from the reviews of our clients for excellent immigration services provided by our highly experienced and qualified immigration lawyers.

Ask a question to our ILR solicitors for free immigration advice or schedule an appointment for detailed legal advice concerning your UK Ancestry ILR application.

Eligibility Requirements For ILR As A UK Ancestry Migrant

An applicant for indefinite leave as a UK Ancestry migrant must meet the requirements of paragraph 192 of the Immigration Rules. They must:

• continue to meet all the entry or extension requirements of paragraph 186(i) to (v)
• have spent a continuous period of 5 years in the UK with leave in the UK ancestry category
• have sufficient knowledge of the English language and sufficient knowledge about life in the UK in accordance with Appendix KOLL of the Immigration Rules, unless they are under the age of 18 or aged 65 or over when they apply
• not fall for refusal under the general grounds for refusal in paragraph 322 of the Immigration Rules
• not be in the UK in breach of immigration laws , except that any current period of overstaying will be disregarded where any of the exceptions set out in paragraph 39E of the Immigration Rules apply

Employment Or Self-employment At The Date Of Application

The applicant must be employed or self-employed in the UK at the date of application for ILR as a UK Ancestry migrant. A person with leave in the UK ancestry category is not required to be continuously employed while in the UK to qualify for ILR as a UK Ancestry migrant.

Evidence Of Employment

If the applicant is employed on the date of application, they should normally be able to submit both:

• a letter from their current employer which confirms how long they have been working for them and that they will continue in their current job with that employer, and
• one of the following (unless they are undertaking voluntary work):
  • their most recent payslip issued by the employer named on the letter
  • their most recent bank statement or building society passbook, if this clearly shows recent receipt of wages from the employer named on the letter

If the applicant has only recently started work for their employer and they have not yet been paid, the letter from the employer should confirm how much they will be paid.

Evidence Of Self-employment

If the applicant is self-employed on the date of application, they must send recent documents as evidence of this. Examples of acceptable evidence include, but are not limited to:

• their most recent tax self-assessment form (SA100) plus evidence of receipt by Her Majesty’s Revenue and Customs (HMRC)
• most recent statement of account (SA300) or tax calculations (SA302) issued by HMRC
• company tax return (CT600) for the last financial year and evidence of receipt by HMRC
• evidence of payment of National Insurance Contributions as a self-employed person
• Construction Industry Scheme (CIS) pay and deduction statements, if the applicant is a contractor or subcontractor in the construction industry
• copies of invoices and receipts of payment for recent work carried out
• most recent personal or business bank statement, if this clearly shows payments for work carried out as part of the applicant’s business
• audited accounts from the last financial year
• official letter from a registered accountant which confirms the applicant’s self-employment and earnings from the last financial year

This is not an exhaustive list.

Applicant Unemployed At The Date Of Application

If the applicant is unemployed when they apply for ILR as a UK Ancestry migrant, the Home Office UKVI will normally ask for evidence of their employment record throughout their previous 5 years and of any attempts they have made, and are making, to find work (if they have not provided this information with their application). If the applicant has been unemployed for the entire 5 years, the Home Office UKVI will ask them to explain the reasons for this, if they have not done so on their application form.

In all cases where the applicant has had long periods of unemployment, the Home Office UKVI will give particularly careful consideration to how they have supported themselves without a regular income. The Home Office UKVI may grant the application if there is satisfactory evidence that the applicant is genuinely looking for work, is able to work, and there are no other reasons for refusal. Remember that voluntary work can meet the employment requirement. If the Home Office, UKVI are not satisfied that the applicant is able to and intends to take or seek employment, they may refuse the application.

Maintenance and Accommodation Requirement

Paragraph 186(v) of the Immigration Rules requires an applicant to be able to maintain and accommodate themselves and any dependants adequately without recourse to public funds. When an applicant applies for ILR as a UK Ancestry migrant, they are required to give information on their application form about their finances and accommodation and to provide supporting evidence. Evidence can include, but is not limited to:

• payslips
• bank statements
• building society pass book
• P60s
• evidence of any other source of income – for example, income from rental property
• tenancy or mortgage agreement

The Immigration Rules do not specify the evidence that an applicant must submit so the Home Office UKVI will assess each case on its merits. As a guide, if the evidence shows that the applicant is in paid employment or self-employment at the date of application and is earning more than they would be entitled to if they were in receipt of Universal Credit, or if they have savings that exceed the Universal Credit level, they will meet the maintenance requirement.

Applicants are advised to submit evidence covering at least 3 months. However, the Home Office UKVI may not refuse an application solely because the evidence covers less than this. The Home Office UKVI may accept evidence covering a shorter period if they are nonetheless satisfied that the applicant will be able to maintain and accommodate themselves. The Home Office UKVI may request additional evidence (even if the applicant has submitted evidence covering a 3-month period) if they are not satisfied, based on the evidence provided, that the applicant meets the requirement. Third-party support (for example, financial help or accommodation from a relative or friend) is acceptable under the UK ancestry rules.

ILR UK Ancestry – Absences From The UK

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as a UK Ancestry Migrant. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For UK Ancestry ILR applications made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR UK Ancestry application.

For example, you apply for ILR as UK Ancestry on 30 June 2020. Your continuous period includes the following grants of leave:

• One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
• One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Work Related Absences Or Absences In Line With Annual Paid Leave

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave.

You will need to provide this information for the full 5 year continuous period. Therefore, if you are moving employers and are considering applying for settlement in the future, you may wish to request a letter detailing your absences before you move to your new post. If you are unable to obtain a letter as specified in the Immigration Rules, because your previous employer has ceased to exist for example, you should confirm this in writing when you make your application. The caseworker who considers your application will assess this on a case by case basis.

Absences Due To Serious Or Compelling Reasons

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons – e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Exemptions Where Absences Are Not Considered

There are two exemptions where absences are not considered as part of the maximum 180 days:

• where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis, or
• where you are working in a PhD level occupation and you have been absent from the UK because you are undertaking overseas research.

Super Priority Service (Decision Within 24 Hours) For ILR – UK Ancestry

As the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre.

Our ILR solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

How Can We Help With Your ILR As A UK Ancestry Migrant?

Our expert team of ILR solicitors specialise in ILR UK Ancestry visa applications. If instructed to represent you regarding your application for ILR UK Ancestry, we will carry out all the work on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:

• Assessing your eligibility for ILR as a UK Ancestry Migrant by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your ILR application as a UK Ancestry Migrant;
• Advising you on the relevant documents to be submitted in support of your ILR application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
• Completing and submitting the online application form SET (O) to apply for ILR as a UK Ancestry Migrant by gathering all the relevant information from you;
• Helping you with paying the ILR application fee for your application;
• Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
• Preparing a detailed cover letter to introduce and support your ILR application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your ILR application.

Our Fixed Fee For ILR UK Ancestry Application

Our fees for providing expert legal help and assistance with an application for ILR as a UK Ancestry Migrant are given in the fee table below:

The agreed fixed fee will depend on the complexity of the application for ILR as a UK Ancestry Migrant and the volume of casework involved in the application. In addition to our fixed fee for helping with an ILR application as UK Ancestry Migrant, the applicant will also have to pay the Home office UKVI fees for the ILR application.