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cityguru
cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13325
Experience:  Approved Immigration Expert.
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To whom it may concern, I am a South African citizen living

Resolved Question:

To whom it may concern,

I am a South African citizen living in the UK on an Ancestral visa since January 2012 and would like to enquire as to whether there are any grounds on which I could apply for UK residency or citizenship before the minimum 5 year requirement?

I moved to the UK because I have MS, in a wheelchair and wanted to be closer to my family - my mother, who is also my carer, is a British citizen and my brother has indefinite leave to remain and will be applying for citizenship this year.  My intention is to settle here because I don't have any support structures in South Africa. 

To meet my financial requirements I started a small on-line trading company (WorldWide Shopping LTD Company #(NNN) NNN-NNNN as it has been difficult for me to find suitable employment (Graphic Designer/Advertising Art Director); I can therefore sustain myself and not claim any state support or other benefits.  In addition, due to the nature and progression of my illness, I do not receive any specific medication or medical treatments on the NHS.  

I would appreciate any information or guidance you can offer. 

Yours sincerely XXXXX [email protected]
Submitted: 3 years ago.
Category: Immigration Law
Expert:  cityguru replied 3 years ago.
Thanks for your question. You are eligible to stay in the uK for 5 years on this type of visa and at the end of that period can apply for settlement and then citizenship. I am am not sure why you feel the need to accelerate the process unless you are concerned that your illness may prevent you from working. however there is no mechanism under the current immigration rules to accelerate the process in your circumstances and it is hard to see the basis upon which you can justify it. You have permission to live and work here anyway and ILR and citizenship are privileges afforded to people who have been here for some time ( in theory at least).

If you are subsequently unable to work you might be able to claim to stay as a dependent of one of your family on exceptional grounds
Customer: replied 3 years ago.

Hi Cityguru,


 


Thank you for your reply.


 


I have a question


 


I have Primary Progressive Multiple Sclerosis and maybe in the future I will not able to work.


 


So how do I go about claiming this or move forward



"If you are subsequently unable to work you might be able to claim to stay as a dependent of one of your family on exceptional grounds"



Regard


Darren

Expert:  cityguru replied 3 years ago.
Darren

Thanks for your response. My view is that at this point you should not and cannot do anything. As you may well be aware at the moment there is a fairly unsympathetic policy in place in respect of migrants particularly those who can or might seek state support. With an Ancestry visa and family here there is even likelihood that in due course you would be able to resist any attempt to refuse you permission to stay. Your best strategy is therefor to continue as you are as long as possible and establish a family life here. There is dimly no provision in the rules to apply for settlement not the grounds that you might in the future become to ill to work but if that unfortunate circumstance arises you should be able to seek discretionary leave at the time. If you try to do anything now you will not get anywhere as the residence periods are set out in the rules. It might not the other hand lead to an examination of your existing visa.

I do not know your prognosis but given you have already been here 2 years you will be a pretty strong position if you can continue for another year or more. you can then seek to remain longer term on the basis of dependence on your mother.
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