You may be eligible to apply for Indefinite Leave to Remain (ILR) as a UK Ancestry migrant after completing five years of continuous residence in the UK on a UK Ancestry visa. The qualifying period begins from the approval date of your initial application for entry clearance or leave to remain. You can submit your ILR application up to 28 days before the end of your five-year qualifying period. The application for ILR under UK Ancestry is made using form SET (O) and must adhere to the guidelines specified in Appendix UK Ancestry of the Immigration Rules.

“Aden & Co Solicitors are renowned for their expertise in UK immigration law. Our highly skilled and fully qualified immigration solicitors consistently deliver exceptional legal services, as demonstrated by our 5-star Google Reviews, where 99% of clients have rated us highly.”

Our team of expert UK Ancestry visa solicitors specializes in handling ILR applications for UK Ancestry migrants. With years of experience and a deep understanding of immigration law, our solicitors provide tailored legal support to ensure your application is successful. We have successfully assisted thousands of UK Ancestry migrants in securing their Indefinite Leave to Remain (ILR).

For free immigration advice, feel free to ask our team of work visa solicitors online, or book an appointment for a comprehensive consultation regarding your ILR application as a UK Ancestry migrant.

Eligibility Criteria for Indefinite Leave to Remain (ILR) as a UK Ancestry Migrant

To qualify for ILR as a UK Ancestry migrant, an applicant must fulfill specific requirements as outlined in the UK Immigration Rules. These include:

1. Valid Application: The applicant must submit a valid application for ILR under the UK Ancestry route.
2. Commonwealth Citizen: The applicant must hold Commonwealth citizenship at the time of the application.
3. UK-born Grandparent: The applicant must have at least one grandparent born in the UK or its islands.
4. Work Requirement: The applicant must demonstrate their ability and intention to work or seek employment in the UK.
5. Suitability Requirements: The applicant must not be subject to refusal under Part 9 of the Immigration Rules, which includes general grounds for refusal.
6. Five-Year Qualifying Period: The applicant must have legally resided in the UK for five continuous years under the UK Ancestry visa category.
7. Continuous Residence: The applicant must meet the continuous residence requirements, as set forth in Appendix Continuous Residence.
8. Financial Stability: The decision-maker must be convinced that the applicant can financially support themselves and any dependents without relying on public funds, as specified in Appendix Finance.
9. English Language Proficiency: Unless exempt, the applicant must meet the B1 level in speaking and listening on the Common European Framework of Reference for Languages.
10. Life in the UK Knowledge: The applicant must successfully pass the Life in the UK Test, as per Appendix KOL UK.
11. Compliance with Immigration Laws: The applicant must not be in breach of any immigration laws, except where paragraph 39E applies for any period of overstaying, which may be disregarded. The applicant must not be on immigration bail.

Historical Permissions
It is not mandatory for the most recent immigration permission to be under the UK Ancestry route. Applicants may rely on a previous five-year period of permission granted under UK Ancestry to qualify for ILR, even if subsequent permissions were granted under different visa routes.

Eligibility for ILR Through Employment or Self-Employment

To qualify for Indefinite Leave to Remain (ILR) under the UK Ancestry route, applicants must demonstrate that they are either employed or self-employed at the time of application. Continuous employment throughout their stay in the UK is not a strict requirement for approval.

Required Evidence of Employment

Applicants who are employed at the time of application must generally provide:

• A letter from their current employer confirming the duration of their employment and that they will continue in their current position.
• Additionally, one of the following documents, unless the applicant is engaged in voluntary work:
  • The latest payslip from their current employer.
  • A recent bank statement or building society passbook showing salary deposits from the employer.

“For those who have only recently started employment and have not yet received payment, the employer’s letter should include details of the expected salary.”

Evidence of Self-Employment for ILR Application

Applicants who are self-employed at the time of submitting their application must provide recent documentation to demonstrate their self-employment status. Some acceptable forms of evidence include, but are not limited to:

• The most recent tax self-assessment form (SA100) along with proof of submission to HM Revenue and Customs (HMRC).
• The latest statement of account (SA300) or tax calculations (SA302) issued by HMRC.
• Company tax return (CT600) for the last financial year and proof of its submission to HMRC.
• Evidence of payment for National Insurance Contributions as a self-employed individual.
• Construction Industry Scheme (CIS) pay and deduction statements, applicable to contractors or subcontractors in the construction sector.
• Copies of invoices and payment receipts for recent business transactions.
• The latest personal or business bank statement that clearly reflects payments for business-related services.
• Audited accounts for the previous financial year.
• An official letter from a certified accountant confirming self-employment status and earnings for the previous year.

This list is not exhaustive.

Applicants Unemployed at the Time of Application

If an applicant is unemployed when applying for Indefinite Leave to Remain (ILR) under UK Ancestry, the Home Office may request evidence of their employment history over the past five years, along with documentation of their efforts to secure employment (if not already provided). If the applicant has been unemployed for the entire five-year period, they will be required to explain this in detail, either on their application form or when prompted by the Home Office.

In cases where long periods of unemployment are present, the Home Office will closely scrutinize how the applicant has managed financially without a steady income. The application may still be granted if there is credible evidence that the applicant is actively seeking work, capable of employment, and there are no other reasons for refusal. It’s important to note that voluntary work can satisfy the employment requirement. However, if the Home Office determines that the applicant is neither able nor intending to seek employment, the application may be refused.

Maintenance and Accommodation Requirement for ILR under UK Ancestry Visa

According to Paragraph 186(v) of the Immigration Rules, applicants for Indefinite Leave to Remain (ILR) under the UK Ancestry Visa must demonstrate their ability to maintain and accommodate themselves, as well as any dependents, without relying on public funds. When submitting their ILR application, they must provide detailed financial and accommodation information, along with supporting documents. These may include, but are not limited to:

• Payslips
• Bank statements
• Building society passbooks
• P60s
• Proof of additional income, such as rental income
• Tenancy or mortgage agreements

The Immigration Rules do not specify the exact documentation required, so the Home Office UKVI will assess each case individually. Generally, if the applicant is employed or self-employed at the time of application, with earnings exceeding what they would receive under Universal Credit, or if their savings surpass the Universal Credit threshold, they will fulfill the maintenance requirement.

It is recommended that applicants provide evidence covering a minimum of three months. However, the Home Office UKVI will not automatically reject an application if this period is shorter, as long as they are convinced that the applicant can adequately maintain and accommodate themselves. If needed, additional documentation may be requested to confirm the applicant’s financial situation. Third-party support, such as financial assistance or accommodation from a friend or family member, is also acceptable under UK Ancestry rules.

UK Ancestry ILR: Managing Absences from the UK

When applying for Indefinite Leave to Remain (ILR) as a UK Ancestry migrant, you must not exceed 180 days’ absence from the UK within any consecutive 12-month period across the 5-year qualifying period. Your ILR application must detail all absences, including the reasons for each. The time between being granted entry clearance and physically entering the UK can count towards your continuous residence. However, any time outside the UK between the date of entry clearance and entry into the UK will be considered as part of the 180-day limit for a continuous 12-month period. You are not required to submit evidence for absences during this pre-entry period.

Since January 11, 2018, the Home Office assesses absences on a rolling basis instead of fixed 12-month periods. If your qualifying period includes leave granted before this date, the absences during that leave will be considered under the previous rules, where each 12-month period ends on the date you apply for ILR.

Example: Suppose you apply for ILR under UK Ancestry on June 30, 2020.

• If you were granted leave from July 1, 2015, to July 28, 2018, the absences during this period would be assessed in fixed 12-month periods ending on June 30 each year.
• Any leave granted from July 29, 2018, to June 30, 2020, will be reviewed on a rolling basis, meaning the Home Office will not count absences from your previous grant of leave.

Work-Related and Paid Leave Absences

For any absences tied to employment or paid leave, a letter from your employer will be required, detailing the purpose and duration of the absence, including any annual paid leave. This information must cover the entire 5-year qualifying period. If you’ve changed employers during this period, it’s advisable to obtain an absence letter before transitioning to a new role. If your former employer is no longer operational, you should provide a written explanation. A caseworker will evaluate this on a case-by-case basis.

Absences Due to Serious or Compelling Reasons

If your absences are linked to serious or compelling circumstances, such as medical emergencies or family matters, you must submit a personal statement with supporting documents, such as medical certificates or birth/death certificates. Regardless of the reason, these absences will count toward the 180-day limit unless they qualify for an exemption.

Exemptions from the Absence Limit

Two specific exemptions allow absences to be disregarded from the 180-day limit:

• If your absence was due to participation in a national or international humanitarian or environmental crisis.
• If you are employed in a PhD-level role and have been conducting overseas research during your absence.

Expedited ILR Processing (Decision in 24 Hours) Through UK Ancestry Visa

At Aden & Co Solicitors, our expert team of immigration solicitors offers swift visa processing under the Priority and Super Priority Services, ensuring you receive a decision on your application promptly. With our fast-track service, you avoid prolonged waiting periods that could otherwise extend to several months, or even years.

“Our dedicated immigration lawyers can efficiently prepare and submit your application using the Priority or Super Priority Service, guaranteeing a quicker outcome for your case.”

As accredited immigration solicitors based in London, Aden & Co Solicitors is authorized by the Home Office, UK Visas & Immigration (UKVI), and its partner UKVCAS Sopra Steria to provide these expedited services. Priority Service decisions are typically issued within 5 working days, while Super Priority Service applications are decided within 24 hours, often by the close of the next business day.

How Aden & Co Solicitors Can Assist You with Immigration Matters

At Aden & Co Solicitors, our highly skilled immigration lawyers offer comprehensive advice and expert legal representation on a fixed-fee basis for your immigration application. Our fixed fee covers all the work involved, from initial consultation to receiving the final decision from the UK Home Office (UKVI). Here’s a breakdown of the services our immigration specialists provide:

• Advice on Eligibility: We provide tailored guidance on the specific legal requirements necessary for a successful immigration application.
• Document Guidance: Our team will supply you with a detailed list of supporting documents needed for submission to ensure compliance with UK immigration rules.
• Document Review: We will thoroughly review your documents to confirm they meet all relevant criteria.
• Application Completion: Our solicitors will handle the completion of your immigration application form to ensure accuracy.
• Expedited Processing: Where applicable, we can submit your application through the Priority or Super Priority Service to expedite the decision-making process.
• Biometric Appointment Booking: Once your application is submitted online, we will arrange your biometric appointment with the relevant application centre.
• Comprehensive Cover Letter: Our experienced solicitors will draft a detailed cover letter that explains how your application fulfills all legal requirements.
• Document Upload: We will securely upload all supporting documentation online ahead of your biometric enrollment.
• Follow-Up Service: From submission to decision, our immigration experts will handle all necessary follow-up actions to ensure smooth processing of your application by the Home Office.

Our Specialized One-Time Services for Immigration Applications

At Aden & Co Solicitors, we offer a comprehensive suite of specialized one-time legal services tailored for UK visa and immigration applications. Our expert immigration solicitors provide these services for individuals who prefer not to engage in our full-service immigration support. Our one-time offerings include a selection of targeted legal assistance options designed to streamline your visa application process. Take advantage of our expertise to navigate the complexities of UK immigration with confidence.

Fixed Fees for Indefinite Leave to Remain (ILR) as a UK Ancestry Migrant

At Aden & Co Solicitors, we offer transparent and competitive fixed fees for UK Ancestry visa applications. Below is a detailed breakdown of our fees, reflecting the comprehensive services provided throughout your application process:

The agreed-upon fixed fee will be determined by the complexity of your application and the extent of casework involved. Additionally, applicants are responsible for covering the Home Office UKVI fees related to their applications.