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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a 65yr old South African lady here on an ancestral

Resolved Question:

Hi, I am a 65yr old South African lady here on an ancestral visa, expires on 01 October 2012.I have no dependants.
I would like to apply for indefinate leave to remain.
I am a carer and self sufficient. I live in my children's flat.
What are my chances
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

When did you enter the UK on your visa please?

Tom
Customer: replied 2 years ago.

Dear XXXXX

I entered the UK on 10 November 2007

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

How much time have you spent outside the UK during this time?

How much time do you anticipate spending outside the UK from November 2011 to 10 November 2012?

Have you worked continuously during your time here?

Have you claimed any public funds?

Kind regards,

Tom
Customer: replied 2 years ago.

I have spent 234 days out side of UK since 2007

I worked Approx 107 weeks

I do not intend leaving UK till 10 Nov 2012 Have spent no time out this past year.

Have not claimed any public funds

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

You will be aware that if a person on an ancestry visa has been in the UK then they (if otherwise eligible) apply for ILR.
However, in my experience in practice there are a few barriers which put you on the borderline of having a chance of receiving approval. The first issue is that you have spent 234 days outside the UK during your time here. Generally, if an application has spent more than around 180 days outside the UK then I would expect the UKBA to reject tit on this basis. So, they will object to the time you have spent outside the UK in all probability.

The other issue that I would expect the UKBA to object to is the fact that you have worker for 107 weeks. You must have worked continuously in order to apply. Provided you work continuously from now until the November then your working weeks come up to (estimated) around 131 of an available 260 during the 5 year period. If the time you have spent not working has been spaced out evenly over the 5 year period then it may be possible to argue that this should be construed as continuous working but it’s still on the tight side in my opinion.

Having regard to the above I would expect the UKBA to reject upon determination. You would then have to appeal. Your evidence gets much fair hearing on appeal but I would not put your chances at any greater than 50/50 at the time you make the application. In a further years time of continuous working and no further absences from the UK this prospect of success would increase dramatically. Because your 5 year period would be pushed along and your time outside in the preceding fives before November 2013 would drop and your working weeks would go up.

Even if the case for your ILR in November 2013 were clear cut you would still have to apply for Further Leave to Remain before you visa expires because this is more than 28 days before you hit your five year period.
My advice would therefore be to apply for FLR before your current visa expires and then remain in the UK and apply for ILR in a years time after further continuous working and reduced time outside the UK.

I am sorry it could not be better news.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom


Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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