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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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HI, I AM A SOUTH aFRICA MAN WHO IS ON HIS SPOUSES ANCESTORAL

Resolved Question:

HI, I AM A SOUTH aFRICA MAN WHO IS ON HIS SPOUSES ANCESTORAL VISA, WE HAVE JUST SEPERATED FOR VARIOUS REASONS. WILL THIS AFFECT MY RIGHT TO APPLY FOR INDEFINATE LEAVE TO REMAIN IN A YEARS TIME ?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

It is your wife who has british ancestry and not you, correct?

Kind regards

Tom
Customer: replied 3 years ago.

Hi Tom ,

 

Thats right, the ancestoral visa is in her name as her grandfather was British, myself and our three kids are on her ancestoral visa and our right to entry is based on her visa.

 

If this is going to be a problem, will it help that I am the main breadwinner for the family irrespective if we are seprated.

 

Await your kind advises

 

Daylyn

 

 

Expert:  Thomas replied 3 years ago.

Hi Darylyn,

 

Thanks for your reply.

 

It is a condition of your visa that you remain married to and in a married relationship with your wife I'm afraid. By separating this means that you do not comply with a condition of your visa and therefore as such could not make a genuine application for ILR. Had you remained together and obtained ILR then you could separate and still apply to be naturalised as a UK citizen because the condition falls away at that point.

 

However, you would probably still be eligible to make an application for Further Leave To Remain on the basis of your article 8 right to family and private life. This is because your family is here with valid leave to remain and you should not be denied to participate in the upbringing of your children.

You would need a solicitor to prepare and draft the application for you, because they would need to forcefully argue the above right to the UKBA. I would expect them to charge in the region of £800+vat for this.

 

Once you have been in the UK for 10 years with no gaps in your leave to remain you will then be eligible to apply for ILR on the basis of the long residence rules, provided that you have not spent considerable time outside the UK during the 10 years.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.
Thanks for that Tom, one last query, in terms of the visa it runs out on the 26/06/2012, how long before would I need to appoint a solicitor to prepare and draft the application for me to have Leave To Remain on the basis of article 8 right to family and private life.
Expert:  Thomas replied 3 years ago.

Hi Darylyn,

 

The sooner the better, because since your separation you are technically in breach of the conditions of your visa and your obligation to update the UKBA of a change in your personal circumstances.

 

The sooner you apply he less aggregious the breach will be viewed by the UKBA but a degree of time lag is acceptable because you can say you needed time to either attempt to reconcilliate and thereafter to understand your options in terms of securing your leave to remain and preparing the applciation.

 

I trust this clarifies, if so please click accept.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
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