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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7435
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Tom, I am an Australian national. My ex partner (welsh

Customer Question

Hi Tom,
I am an Australian national. My ex partner (welsh national) and i separated and she moved back to Wales with my 2 young sons (now 6 and 4) to be closer to her family.
I applied for an ancestral visa (employment) at the time of this event in 2011.
As i'm a self employed financial planner in Australia, i had to base myself in oz for the first 2 years, and since then been living in the Uk full time.
I am engaged to my new welsh partner and she is pregnant with our child.
Tom, i don't think the home office is going to look favourably on ILR application as i have not had continuous employment in the UK and supported myself by contracting back to the UK and no earning sterling.
Additionally, whilst i was on council tax for first 6 months, i have effectively staying between friends houses and girlfriends last 16 months. The latter will not present well either for any type of spouse visa i expect.
Tom, do you think with 3 children and the lack of continuity of my time in UK and lack of domestic employment will mean i might have to go home next year when ancestry runs out.
Or do you you think i could have a good compassionate grounds case as i have 3 of my children here.
Sincere thanks for any initial guidance.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Steve,
Thanks for your question.
When does your ancestry visa run from and to?
Are you saying that you were actually in Aus from 2011 to 2013?
Kind regards
Customer: replied 1 year ago.

thanks Tom,

was from Sept 2011 to Sep 2016

yes, i was based in oz and moved over 3 Dec 2012. I flew over to see the boys 5 times prior, but had some succession issues with the practice in oz whereby couldn't move till Dec 2012


Expert:  Thomas replied 1 year ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you were out of the UK for those two years then I don’t think you will be able to apply for LIR on the basis of your ancestry visa just yet, because you would probably not be regarded as being permanently based in the UK during that period of time. Your lack of employment would probably be an issue as well.
I would suggest that you continue to look for steady work so that you can extend your ancestry visa and continue that way.
If worst comes to worst, then probably the easiest way forward would either be:-
1. Apply on the basis of being a parent with visit rights to children based in the UK, on the basis that you are contact with your two oldest children. In order to do this you would have to have a court order ordering that you have contact with your child. A family solicitor would be able to do this for you:-
2. If you intend to marry our current partner then applying on the basis of a spouse visa. The eligibility criteria for this is here and there is a financial requirement that you/your partner would have to meet too:-
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 1 year ago.

Thanks very much Tom,

So if i picked up work here domestically for 12 months say, then there might be a chance of extending under ancestry? i thought it might be too little too late in their eyes.

Irrespective, the latter two options are reassuring, and you definitely helped me out as i didn't realise the Child Access Rights option - this is reassuring as a parent.

I know you can't give specific advice, but it sounds like i have some options and not be forced to leave as i feared.

Many thanks for your expert guidance.

Expert:  Thomas replied 1 year ago.
If you were able to work for 12 months then I would be cautiously optimistic that you might get it extended.
If you have kids here then you are probably not at risk, in that you will always be well placed to defend any action to remove you, but you want to be proactive about it and ensure that you get an applciation in in good time before your visa expires.
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7435
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Good man Tom,

Your perspectives are greatly valued and appreciated.

Big thanks for putting me in the right direction and easing some of my concern.

I will be proactive as you rightly say.

Thanks again for your time and prompt responses.



Expert:  Thomas replied 1 year ago.
Hi S,
Thanks. Good luck.

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