Obtaining ILR as a dependant of an ancestry visa holder

For those resident in the UK pursuant to a visa, often one of the primary goals is to obtain indefinite leave to remain ( ILR) in the UK at the earliest opportunity.

The vast majority of UK immigration routes require the applicant to have completed a continuous period of residency in the UK, usually five years. During this period, absences cannot amount to more than 180 days in any 12-month period.

There are, however, some routes where the above general principle does not apply, for example, where someone is the dependant of a person who is in the UK with an Ancestry visa.

The Ancestry visa is available to applicants who are Commonwealth citizens, who have a grandparent who was born in the UK, and who are planning to work in the UK. The Ancestry visa is valid for 5 years and leads to settlement in the UK.

A dependant is defined as the spouse/civil partner/unmarried partner or child of a person who is in the UK with an Ancestry visa.

Dependants of Ancestry visa holders are not required to have completed a 5-year period of continuous residency before they can apply for ILR, nor do they have to show that their absences remain within the 180-days rule. Therefore, provided that the main applicant is applying for ILR at the same time, already has ILR as an Ancestry migrant, or has subsequently naturalised as a British citizen, the dependant can apply straight away for ILR.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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