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Hi there. We want to apply for a an ancestry visa for my mother

(80 years old). My sister...
Hi there. We want to apply for a an ancestry visa for my mother (80 years old). My sister and I are both British and live here in the UK. My mother was born in South Africa, although she lived in the UK for about 8 years as a child. Her maternal grandfather was English (as were his whole family) (we have his unabridged birth certificate). Documents we have: applicant's unabridged birth certificate, her mother's unabridged birth certificate, her grandfather's unabridged birth certificate. We haven't been able to trace her grandparents' marriage certificate. Can she still apply for residence since lineage is demonstrated by all parents' names on all birth certificates? Thanks in advance.
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Answered in 19 minutes by:
12/5/2011
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

Would she intend to work in the UK? I assume, but please confirm, not.

Kind regards,

Tom
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Customer reply replied 6 years ago

Hi Tom,

 

No, she doesn't need to work, my sister and I support her fully, and she will live in one of my flats (I'm a landlord). Also, forgot to mention (don't know if it's important) -she is here at the moment, on a 6 month holiday visa - her return flight is 7th Feb 2012.

 

Right.

Did you appeal the settlement application and did you have a solicitor act for you?

Is your brother actually unable to care/support her?

Tom
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Customer reply replied 6 years ago
Yes, we did appeal, and my brother isn't able to support her. At the time, she was sleeping on his sofa in his and his partner's tiny rented one bedroom flat. We provided my brother's financial statements - he is in about £30 000 of debt, and we provided an affidavit from a solicitor that he sent us, confirming this. We did have a solicitor act for us at the appeal, which took place in Newport. At the appeal I was asked by the home office solicitor if I thought my brother would put my mother on the street, and of course he wouldn't. It seems it was decided that unless my mother was literally on the street, there was no call to bring her here. Do we have any chance of a hereditary visa?
Hi,

Thanks for your reply.

The problem is that Ancestry Visas are for persons who wish to come to the UK to work. It's part of the eligibility criteria that the applicant must be able to to work and plan to work in the UK:-
http://www.ind.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/

They would certainly reject her application on this basis.

The appeal sounds like it was close but did not go your way. If your brother has altered his position or his circumstances change to the extent that he would be not actually be able to take her in then I would recommment applying again for settlement.

It's difficult for me to say because I don't have access to full instructions or the case file but if you have any doubts about the solicitor or counsel (who should also have acted at on the hearing) then I would recommend taking the casefile (you can get this from your solicitor if you have settled their fees) and taking it to another solicitor to check the application and the evidence produced at the hearing was as extensive as it possible could have been. If there is doubt then you may consider applying again for settlement.

The only alternative would be to apply for discretionary leave to remain outside of the traditional immigration rules, but you would be asking the UKBA to exercise their discretion and they are not inclined to do that.

Sorry it could not be better news. It's a hugely difficult situation and unless there were evidential deficiencies either on application or on appeal which can be rectified with a new application OR your brother's circumstances change then she does not have many options I am sorry to say.

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,

Tom
Thomas
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Customer reply replied 6 years ago
Thanks v much, Tom. I actually said she wouldn't work as I thought that was a requirement - that she wouldn't be allowed to work. And if that was the case, she would stick to that rule and not work. But, in fact, if she's allowed to, she would prefer to work. She is an actress and voice artist, writer, and a seamstress. So, although she wouldn't need to work, she would very much love to (she enjoys her work) and she was working in South Africa up until July this year, before coming here. What would be the requirements regarding work? Would she have to find employment first? Or would she be able to be self employed?
Customer reply replied 6 years ago

Hi Tom, sorry, I clicked Accept instead of Reply by accident - did you get my last question? Here it is again, in case it didn't get through:

 

Thanks v much, Tom. I actually said she wouldn't work as I thought that was a requirement - that she wouldn't be allowed to work. And if that was the case, she would stick to that rule and not work. But, in fact, if she's allowed to, she would prefer to work. She is an actress and voice artist, writer, and a seamstress. So, although she wouldn't need to work, she would very much love to (she enjoys her work) and she was working in South Africa up until July this year, before coming here. What would be the requirements regarding work? Would she have to find employment first? Or would she be able to be self employed?

Hi,

Normally the work aspect would not be an issue because applicants are generally younger and of working age. IN her case they may challenge it because of her age. IN these circumstances she would have to show that she intends to work and there is a reasonable prospect that she will be able to do so. So, she would have to show her earlier experience and also evidence of jobs that she could potentially do. Having a job offer is not essential but is desirable. She would be able to be Self employed. She may look in to getting an agent who could speak to her prospects of job offers.

As to the marriage aspect if they can't find the marriage certificate then she will have to execute a statutory declaration declaring that they were married. If there are others that can speak to this then they should also execute stat decs. If they can do this then she has a chance.

Thanks for your accept.

Kind regards

Tom
Thomas
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