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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 623
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My son is on a UK ancestry dependant visa, which expires in

Resolved Question:

Hi Thomas, my son is on a UK ancestry dependant visa, which expires in several months and was handed a community order 18 months ago. I understand that he will be ineligible to apply for ILR until 24 months after the date of conviction. The community order runs for another 18 months. He is now over 18 and working but is dependent on us for housing and other help. The conviction was out of character, resulting from a stupid mistake when he was younger. I would like to know what his options are for bridging the time gap between when the current visa runs out when when he is eligible to apply for ILR. He is from New Zealand so perhaps a youth mobility visa would be possible. Also, if he goes home and switches to that visa, can he still be eligible for ILR when the 24 months from conviction is up, based on 15 years on an ancestry and 1 year or less on a youth mobility visa?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 2 months ago.

As this is addressed to Thomas I will leave it to him to deal with

Customer: replied 2 months ago.
Hi Frantz, it doesn't have to be Thomas.
Expert:  frantzgregory replied 2 months ago.

Hello

Thank you for your enquiry.

With the non-custodial sentence your son has received, he will not be eligible to apply for ILR within 24 months of the conviction. The only option available to him is to apply to extend his ancestry visa. He can apply to extend his current visa as a dependant because he was initially granted leave as a dependant under the ancestry route when he was under the age of 18 even though he is now over the age of 18. However, he must not have formed his own family unit or not leading an independent life.

Customer: replied 2 months ago.
Thanks Frantz. Can he still apply to extend if I switch from an ancestry visa to indefinite leave to remain status? Our visas expire at the same time and I am eligible to apply for ILR. Also, how has "not leading an independent life" been interpreted?
Expert:  frantzgregory replied 2 months ago.

The 2 options are

1. Apply to extend visa with your son as a dependant and wait for your son's window of opportunity and then both apply for ILR at the same time

2. You may apply for ILR when you are eligible and your son only extends his visa but he must meet the ancestry requirement on his own right and not as your dependant. There is a risk he may not meet this requirement. I don't know as I am unable to do any legal assessment or give legal advice on JustAnswer on whether this is a viable option.

It isn't clear from the face of rules without giving legal advice that once you have been granted ILR, your son can rely on being your dependant to extend his visa.

Without giving legal advice option 1 is probably a better option but you ought to seek legal advice on these before proceeding.

Living an independent life can be difficult to interpret. As long as you can provide sufficient evidence that he is still dependent on you. Again this needs to be assessed.

Customer: replied 2 months ago.
Thanks Frantz. He doesn't meet the requirements in his own right so we will pursue option one and follow up with some legal advice beforehand. Finally, are you aware as to whether or not it might be possible for me, in the case of option 1, to apply using the premium service and for my son to apply at the same time but using the postal service? I ask because I am assuming that the Home Office would not entertain considering his application via the premium service due to the circumstances, but happy to be wrong on that point. Ideally, we would both prefer to apply via the premium service due to the prolonged alternative. We are also happy to try to have his application decided via that method provided that if they are unable to decide on the day, we don't have to then pay another application fee to have it dealt with by post. If you have any information on that aspect of the process I would be grateful to hear your thoughts.
Regards
Expert:  frantzgregory replied 2 months ago.

It is usually said that it is best to send/make applications together. Yes it is correct that his case is likely not to be accepted using the premium service because of his circumstances.

frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks Frantz, the information you have provided is very helpful.