UKVI Update: UK Ancestry Visa

The Home Office has recently updated its policy guidance for the UK Ancestry Visa route. The guidance for this visa route has been substantially revised and the main changes have been set out from page 4 of the guidance. Documentation is key to submitting an Ancestry Visa application and LEXVISA regularly prepares successful entry clearance Ancestry Visa applications and Ancestry settlement applications. We are happy to arrange a consultation with our specialist immigration solicitor in order to discuss the merits of a UK Ancestry Visa application. 

What is the UK Ancestry Visa and who can apply for it?

The UK Ancestry Visa route is available for citizens of the Commonwealth whose grandparent was born in the UK and Ireland and the Channel Islands. Applications must be made from outside the UK and if successful, Applicants are granted a 5-year visa, after which they may be eligible to apply for Indefinite Leave to Remain. Applicants can bring their family members with them as dependents but are not able to switch into a different visa category from this visa. Applicants and dependents must pay the applicable Immigration Health Surcharge (“IHS”) fee. We summaries the main requirements below:

  • Applicants must a citizen of a Commonwealth country;
  • Applicants must be at least 17 years of age;
  • Applicants must be able to provide evidence that one of their grandparents was born in the UK, Ireland or the Channel Islands. In some cases, adopted children may also meet this requirement but the adoption would need to be recognised under UK Law;
  • Applicants must meet the employment requirement;
  • Applicants must be able to demonstrate that they can maintain and accommodate themselves and any dependents in the UK without recourse to public funds.

Unlike most UK visa categories there is no specific minimum amount of money an Applicant needs to demonstrate they have available to them. For assistance understanding the vague maintenance requirements as well as all of the other requirements, please contact LEXVISA as we specialise in preparing these types of applications and can guide you through the entire process.

What are the latest UKVI Updates for the Ancestry Visa?

The Home Office policy guidance for UK Ancestry Visa has been updated.  Key changes relate to the clarification of certain terminology within the citizenship, age and ancestry requirements, consolidation of the guidance on the employment requirement and expansion of documents to satisfy the maintenance and accommodation requirement.

Further, a new page has been added to set out the conditions of stay and the consequences of breaching those conditions. The guidance now clarifies that “no recourse to public funds” includes most state benefits and housing or homelessness assistance and refers to part 6 of the Immigration Rules.

If a UK Ancestry migrant breaches their conditions of stay such as by claiming public funds mentioned above then some or all of the following may apply:

  1. Their existing leave may be curtailed under paragraph 323 of the Immigration Rules;
  2. Any future application for entry clearance or leave to remain may be refused under the general grounds for refusal
  3. An application for indefinite leave to remain may also be refused under; and
  4. They may be removed from the UK and subject to a re-entry ban.

In serious cases, they may be prosecuted for an offence under section 24(1)(b) of the Immigration Act 1971.

Using Legal Representation to submit a UK Ancestry Visa application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Ancestry Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules for a UK Ancestry Visa application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Ancestry visa application succeeds and meets the requirements, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence in support of your UK Ancestry Visa application. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful UK Ancestry Visa applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your UK Ancestry visa application and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your UK Ancestry visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful visa applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Ancestry Visa application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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