Talk:UK Ancestry visa

There is no such thing as an ancestry visa in UK law. Its a slang term and the article ashould be called something more appropriate such as UK Grandparent Entry Clearance.

How does you go about engineering such a move?

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OK. If there is no opposition in the next few days I will move this (or list it if I can't do it myself) to UK Ancestry Entry Clearance--Spartaz 15:17, 24 June 2006 (UTC)

I disagree with the proposed move. It may be technically an entry clearance, but isn't an entry clearance just another term for a visa? The starting website is that of UK Visas [4] JAJ 21:13, 24 June 2006 (UTC)

JAJ

A visa is another term for an Entry Clearance not the other way round. An Entry Clearance can also be an entry certificate but a visa cannot. Sorry to be pedantic but a visa can only be issued to a visa national. Most people with UK Grandparent Entry Clearances are non-visa nationals and are issued Entry Clearances not visas. I take the view that the technical term is entry clearance and that most people with a GP clearance have an entry clearance. The article should reflect that. There is no reason we couldn't have a redirect to the new page from Ancestry Visa.

Just to help my point along the following link is to the public version of the UKVisas instructions to Entry Clearance Officers. You will see that this refers to Entry Clearance throughout.

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1036517960174#point%20fourteen

I guess that you have seen the leaflet on the UK visas site. The language there is very loose and not entirely accurate. Obviously designed to work for both visa nationals and non-visa nationals.

Finally, see link before for more information on entry clearance. http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1034348124299#point%20two Cheers --Spartaz 07:40, 25 June 2006 (UTC)

The same issue arises with Canadians and Bermudians in the United States, who (other than a few exceptions) have an immigration status (eg L-1) rather than a visa, eg TN status. I'm neutral on the move, but it does need a redirect plus an explanation in the article of the term "Ancestry Visa" and how it's used. JAJ 11:50, 3 July 2006 (UTC)

Thank you. I will wait to do the move until I have time to make the amendments you suggest. --Spartaz 17:39, 3 July 2006 (UTC)

Page Move

Recording page move and update to reflect new title.

Studying

The article says that ancestry visa holders cannot study full-time. I cannot find anywhere where this is confirmed, even in the immigration rules. Someone on an ancestry visa should be working, and can only apply for ILR if they have continuously worked for 5 years, but the rules don't prevent them from juggling work and study. Or am I missing something? 82.69.82.204 12:26, 28 June 2007 (UTC)

There is no prohibition on studying under the UK ancestry visa, and I have changed the article accordingly. Given that an ILR application would only look at the current work that the holder is doing, it would be perfectly possible to study for a few years on the ancestry visa, then start work at the end of the 5 year period. Although if during that time the holder was questioned about their activity in the UK (for example on re-entry after a trip abroad), and they make clear their focus is full-time study, they may be advised to get entry clearance as a student instead. Sah10406 13:25, 28 June 2007 (UTC)

Continuous stay before ILR

The article states that "For ILR, the holder must show that he or she has been living continuously in the UK", but does not sate what qualifies as continuous. There seem to be some conflicting reports on this. Here are some:

Referring to ILR, the Cima site [5] says that "Once you have been issued with the ILR and have held it to a point at which you can state that over the most recent five years, you have not spent more than 450 days in total outside of the UK; you may then apply to be 'naturalised'"

1st contact visas [6] state that: "you may not spend more than 90 consecutive days out of the country"

Immigraiton Boards has this thread which quotes the Immigration Directorate Instructions for caseworkers to say that discretion may be used when continuous residence "has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all" —Preceding unsigned comment added by Bughead2 (talk • contribs) 10:38, 27 August 2008 (UTC)

The UK Border Agency's Guidance [7] explain that an applicant must have spent a continuous period of 5 years when the application is submitted for ILR. Short absences consistent with annual leave or business trips are permitted. In exceptional circumstances an officer may allow up to absences up to 3 months in length, but never where total absence exceeds 6 months of the 5 years immediately prior to application. Wikiangelo (talk) 22:17, 13 June 2010 (UTC)

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This query can be easily concluded with the following statement: 90 days per year and per trip is the defined travel allowance which is seen as sufficient time for travelling outside the UK. Any time spent further to this compromises applicants ability to show intent to permanently reside in the UK- as defined by and their sponsorship site .

In summary, in order for applicants (non EU citizens) to successfully show intent to permanently reside in the UK, in order to obtain Indefinite Leave to Remain status(permanent residency as it is informally known) applicants have to show that they have remained in the UK for 5 continuous years whilst adhering to a "90" day rule. 450 days out of the 5 years. 90 days per year and 90 days per trip. — Preceding unsigned comment added by Ryanren (talk • contribs) 15:04, 8 March 2011 (UTC)

References

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