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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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My partner and I entered the UK on Ancestral Visas which expire

Resolved Question:

My partner and I entered the UK on Ancestral Visas which expire on 26.04.2013. I physically entered the UK on 14 May 2008 and my partner on 16 August 2008 (he was delayed for 3 months due to undergoing a back operation in South Africa). We now wish to get our British passports and have been told two different things by the UKBA offices - one says that we have to now fill in Form SET (O) for ILR and the other says that we must apply for British Naturalisation using Form AN. Please could you advise me of the correct route to take as I do not want to pay double fees, which are already expensive.

I am also concerned about the timing of applications as we entered at different times into the UK and our UK Ancestral Visas expire in April 2013. Many thanks for your assistance, Kind regards, Charmaine
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Have either of you already obtained indefinite leave to remain in the united kingdom?

Kind regards.

Tom
Customer: replied 1 year ago.

No, we haven't.


 


Kind regards,


Charmaine

Expert:  Thomas replied 1 year ago.
Hi Charmaine,

Thanks for your reply.

I'm afraid that you will both have to apply for indefinite leave to remain first and obtain this before you are both eligible to apply to naturalize as a united kingdom citizens.

This is the cars it is a requirement in order to naturalize that you should be free of immigration time restrictions. This means that you should have indefinite leave to remain when you apply to naturalize.

You will see from the following link that it is a requirement that you hold indefinite leave to remain and in particular under the heading in titles immigration time restrictions:
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

You will also see on the following link that 1 must be a resident in the u k for a period 5 years in order to apply for indefinite leave to remain after that person has been in the u k on ancestry visa;
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/
Please refer to "how long can you stay in the u k"

You should therefore apply for indefinite leave to remain using the form SET(O).

If this is useful please kindly click accept and rate my answer as okay service or above

If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards.

Tom
Customer: replied 1 year ago.

Hi Tom,


 


Thanks this is brilliant. Just one more question though...once I have submitted the Form SET(O) and received our Indefinite Leave to Remain, how soon thereafter can I apply for British Naturalization and would my partner and I have to apply on separate Form AN's when we do so?


 


Kind regards,


Charmaine

Expert:  Thomas replied 1 year ago.
Hi Charmaine

You must apply on separate forms. Once you have obtained indefinite leave to remain you will see from the link above to the page on the naturalization that you must be free of immigration time restrictions for 12 months preceding the date that you apply for naturalization.

Therefore you will be able to apply for naturalization 12 months after you have received indefinite leave to remain.


Please remember to rate my answer.

Kind regards.

Tom
Customer: replied 1 year ago.

Hi Tom,


 


Sorry, there is just one more question - when my partner and I got our UK Ancestral Visas and due to the fact that I was the one with the British grandfather, his Ancestral Visa was marked "To Acc Partner - Sponsor C H Sadler 03/11/56" and mine was marked "UK Ancestry - employment". I was told that when I filled in the Form SET(O), I needed to fill in my partner's details in as a Dependant on that form (I was therefore submitting only one form with both our details on it). Is this correct?


 


Kind regards,


Charmaine


 


 

Expert:  Thomas replied 1 year ago.
Hi

I see.

Yes, that is correct. If you were the only one with the u k grandparents then you should both be included on the same application form. Please rate my answer.

Kind regards

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