Success Story: Ancestry Indefinite Leave to Remain granted

We received some delightful news in the busy Christmas period that our clients Ancestry indefinite leave to remain applications were granted. This was a significant victory because there were notable complexities in the applications. In particular, the Applicants had excessive absences from the UK. The Applicants paid an extra fee (£810) to use the 24 super priority visa service and received decisions on their applications a few hours after providing their biometric information. Our specialist immigration team specialises in all UK immigration applications and the team has a high success rate to show for their hard work and dedication.    

Background to Ancestry Indefinite Leave to Remain application

The Applicants were Canadian nationals who we initially helped secure entry clearance to the UK under paragraph 186 of the Immigration Rules. The UK Ancestry visa route is available for Commonwealth citizens who are able to prove that one of their grandparents were born in the UK. The initial grant is valid for up to 5 years. During this period the Applicants had established a successful business and they had also purchased properties in the UK. Applicants can apply for Ancestry indefinite leave to remain 28 before the expiry of their visa. These were difficult applications as the Applicants had excessive absences from the UK. Our immigration team were able to submit detailed legal representations explaining the compelling reasons for their absences. The Home Office accepted our legal submissions and granted the Applicants Ancestry indefinite leave to remain.

Ancestry Indefinite Leave to Remain requirements

Applying for indefinite leave to remain (permanent status) is an important step; therefore, the Home Office take extra care when assessing Ancestry indefinite leave to remain applications. The purpose of these vigorous checks is to ensure that all the requirements are met in accordance with the Immigration Rules and there are no factors that make it undesirable to grant indefinite status. To submit a successful indefinite leave to remain application the following requirements must be met:

  • The first requirement is that an applicant is required to show that at least one of their grandparents was born in the UK. The Home Office expects to see a direct paper trace to your grandparent;
  • Applicants are also required to show that they are of good character and that they meet the suitability requirements;
  • Applicants applying as a dependent spouse must demonstrate that their marriage is still genuine and subsisting and provide documentary in evidence of the same;
  • Applicants must demonstrate that they have acquired 5 years of continuous lawful leave with no excessive absences. The calculation of absences depends on when they were granted their initial entry clearance as there was a change in the rules regarding absences in January 2018;
  • Applicants must demonstrate that they meet the financial requirement of £18,600 and show that they can be accommodated in the UK without recourse to public funds; and
  • All Applicants must meet the English language and life in the UK test requirement.

The main benefits of applying for indefinite leave to remain are that the Applicants will no longer be subject to immigration control and they will be granted permanent status. This means that the Applicants will no longer be required to regularly apply for visa extensions and pay the Immigration Health Surcharge (IHS). Another benefit is that there are no time restrictions on how long a person may reside in the UK. Further, Applicants can also apply for British citizenship by way of Naturalisation 12 months from the date indefinite status was issued.

How we can assist with an Ancestry Indefinite Leave to Remain application

Our immigration team specialises in indefinite leave to remain applications and prepare applications at the highest standard. We have an impeccable track history of submitting successful applications, especially where there are complexities. The key to submitting successful applications is being aware of the relevant Immigration Rules and more importantly the latest case law. Our immigration team guided the Applicants through the requirements and prepared detailed legal submissions. Our legal submissions focussed on how the Applicants met the requirements under the Immigration Rules. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of their documents to ensure that the Applicants submitted the correct documentary evidence. We also prepared and assisted the Applicants with booking a premium visa service appointment and the application form.

Using Legal Representation to prepare an Ancestry Indefinite Leave to Remain application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Ancestry indefinite leave to remain 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 Ancestry indefinite leave to remain application succeeds, all necessary documents must be provided.

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

Successful Ancestry Indefinite Leave to Remain application

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 immigration status and the merit of Ancestry indefinite leave to remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Ancestry indefinite leave to remain application and to ensure that you meet all the requirements of the relevant rules.

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