Were you a UK Ancestry Visa holder, who has since acquired British citizenship via the British Nationality Act? Your spouse and dependents can still apply for Indefinite Leave to Remain via the UK Ancestry Visa route.
Our team of experts successfully navigated the complex immigration landscape for one of our clients. This lead to the approval of their Indefinite Leave to Remain (ILR) application in the UK on the Ancestry route.
Background
Our client first entered the United Kingdom as a dependant on her spouse’s ancestral visa. Her spouse then applied for British Citizenship under section 4C of the British Nationality Act 1981. The husband, previously the main Ancestry visa holder, was subsequently registered as a British citizen.
The Home Office initially informed our client that she could not apply for ILR due to her husband’s direct acquisition of British nationality. Our client found herself in a challenging situation. Despite her spouse’s status, she did not meet the requirements for a spouse visa and was instead granted leave to remain based on her family and private life in the UK, placing her on the 10-year route to settlement.
Breytenbachs Argue for ILR on Ancestry Route
By highlighting specific Immigration Rules (IR) to demonstrate our client’s eligibility, our team emphasised that in terms of the Immigration Rules, it is stipulated that a person applying for ILR on the Ancestry route, must be applying as a partner of a person who was on the UK Ancestry route when they acquired British citizenship. A requirement our client met, as her spouse obtained British Citizenship while he was on his ancestry visa.
Our further arguments, were instrumental in strengthening our client’s case, emphasising her alignment with the rules governing partner applications under this route.
We are happy to report that our client now have the status of Indefinite Leave to Remain.
This success story showcases our team’s expertise in navigating intricate immigration regulations and advocating for our clients’ rights. If you are facing similar challenges, reach out to us for expert guidance tailored to your specific situation.
How Breytenbachs can help you
If you are the dependant of a UK Ancestry Visa holder, who has successfully applied for British citizenship under the British Nationality Act, contact Breytenbachs.
Breytenbachs will assist you to apply for ILR under the UK Ancestry route, as we successfully did for our client.
