This article will provide an overview of the UK Ancestry visa and discusses the eligibility criteria.
What is the UK Ancestry Visa?
If you are a Commonwealth citizen (or a British overseas citizen, a British overseas territories citizen, a British national overseas or a citizen of Zimbabwe) who can prove they have a grandparent born in the UK, the Channel Islands or the Isle of Man, you can apply for the UK Ancestry visa to live and work in the UK.
Your dependant partner and children can also accompany you on this visa and they do not have to be Commonwealth citizens.
Furthermore, the UK Ancestry route also leads to Settlement in the UK following a continuous lawful residence of 5 years.
Ancestry Visa Eligibility Requirements
To qualify for the Ancestry visa, the applicant must:
- meet the UK born grandparent requirements;
- meet the financial requirement;
- meet the work requirement;
- have completed the specified online form;
- pay the application fee and the Immigration Health Charge;
- give their biometric information;
- be a Commonwealth citizen (or one of the above mentioned citizens) and have a valid passport issued by such country; and
- be aged 17 or over.
If the above mentioned requirements are not met, the application will be rejected, rather than be considered and refused.
Commonwealth Citizen Requirement
The main applicant must be a Commonwealth citizen on date of application. They must be:
- A British overseas territories citizen;
- A British National (Overseas);
- A British Overseas citizen;
- A British subject; or
- A citizen of a country listed in Schedule 3 of the British Nationality Act 1981.
Furthermore, citizens of Zimbabwe, Gabon and Togo, and Eswatini (formerly Swaziland) may also apply for the UK Ancestry visa.
UK Born Grandparent Requirement
The applicant must provide sufficient evidence that they have a grandparent born in the UK, the Channel Islands or the Isle of Man.
The Immigration rules provide that, ‘grandparent’ means either the applicant’s biological grandparent, or grandparent by reason of a UK recognised adoption.
The applicant’s relevant parent or the qualifying grandparent are not required to have been married at the time of birth.
What Does Born in the UK or Islands Mean?
The applicant’s relevant grandparent must have been born:
- In the UK;
- In the Channel Islands (Bailiwick of Guernsey or Bailiwick of Jersey);
- In the Isle of Man;
- In Ireland (but only if they were born before 31st March 1922); or
- On a British owned or registered ship or aircraft (provided other conditions are met).
Applicants whose relevant grandparent was born anywhere else, including in a British overseas territory, former British colony or military base overseas will not be able to meet this requirement.
Work Requirement
Applicants are required to show that they are able to work and intend to seek and take employment in the UK.
However, they are not required to be working or have a confirmed job when they submit the visa application. They must only be able to demonstrate that they are able to work and intend to seek and take employment. For example, the applicant can provide evidence of:
- job offers from UK employers;
- evidence of previous work history (in any country) or relevant qualifications;
- evidence of applications they have made to UK employers;
- evidence of registration with a UK recruitment agency;
- evidence of any steps they have undertaken to improve their chances of finding work – for example, relevant training courses; and/or
- a business plan or expressions of interest from potential clients (if they intend to be self-employed).
This condition will also be satisfied whether the employment is paid or unpaid. However, this may affect the merits of your application because you will still be required to satisfy the Financial Requirement.
Financial Requirement
The applicants are also required to meet the financial requirement.
There is no set level of funds the applicants must hold but they must show they can maintain and accommodate themselves, and any family member applying with them, without access to public funds.
Applicants can also rely on credible support from a third party to meet this requirement.
UK Ancestry Visa Length and Conditions
The UK Ancestry visa is valid for 5 years. At the end of the initial 5 year period, the applicant can choose to extend their permission or apply for Indefinite Leave to Remain (ILR)/ Settlement in the UK.
While on the UK Ancestry visa you can work, study, and bring your dependant partner and/child to the UK.
Individuals are not allowed to switch to this visa, even if they are in the UK with permission on another route. Furthermore, they will not be able to have access to public funds.
Settlement
After having completed 5 years of continuous residence in the UK on a UK Ancestry visa, you can apply for ILR/ Settlement.
To qualify for settlement, you must have, amongst other conditions:
- been continuously resident in the UK through out the 5 year period;
- meet the English language and knowledge of Life in the UK requirement; and
- Continue to meet the UK born grandparent, financial and work requirement.
How RPK Solicitors Can Help?
Our team at RPK Solicitors is experienced in all aspects of UK private and business immigration law, particularly in Ancestry visa applications.
With our extensive experience and expertise, we provide our clients within-depth legal advice and guidance throughout the process at each step and create a robust application that aims to maximise your chances of a successful outcome.
If you require legal assistance in this regard, please contact us today via email at legal@rpksolicitors.com or give us a call on +44 (0)20 39319820.
