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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We came to the UK in Sep 2005 on a 4 year Ancestry Visa. We

Customer Question

We came to the UK in Sep 2005 on a 4 year Ancestry Visa. We were forced to extend that visa when they changed the laws to 5 years before we could apply for ILR. That 5 year extended Ancestry Visa expires this Friday, November 14th. Due to a number of issues, mainly financial, we not in a position to to write the Knowledge test or apply for another extension until last week. We are married, and have kids aged 17, 15 and 13. We are Canadian citizens. We are both employed, but my employer has told me that unless they can get confirmation from the home office on Friday that they have received and are processing my Visa that my job will be be terminated. So that is the first question I guess, can they do that if I have actually submitted, say, my application for another Ancestry Visa extension? The second bit is whether we can ask for discretion with the 12 months of ILR before applying for citizenship and just apply now for citizenship, on the basis of being here 9 years, and the fact that the rules were changed about the 4 year Ancestry Visa. Our desire is citizenship. I completed my PhD here in the UK, and our kids are all well settled and doing great in school. Just not entirely sure what to do now. I have been unwell and signed off work by my GP for 5 months, and am nearly well enough to return to work (it is a major university here in England). It's just now there is this huge time issue. Hopefully you can offer some advice?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.

You may show your employer proof of your extension application having been submitted, and you will be protected by S. 3C of the Immigration Act 1971 which treats your existing leave as continuing until your extension application is decided. You can ask your employer to get in touch with the Home Office to confirm this.

You are therefore allowed to continue working until your extension application is decided. (By extension, I take it that you are referring to applying for ILR).

In response to your second question, it is very unlikely that discretion will be exercised to waive the 12 months on ILR rule but you may go ahead and try.

Hope this helps