uk ancestry · Applicants must have entry clearance to come to the UK in this category. Applicants...

of 37 Published for Home Office staff on 6 November 2019

UK ancestry Version 17.0


Contents Contents ..................................................................................................................... 2

About this guidance .................................................................................................... 4

Contacts ................................................................................................................. 4

Publication .............................................................................................................. 4

Changes from last version of this guidance ............................................................ 4

Key facts .................................................................................................................... 9

Entry or extension requirements .............................................................................. 11

Pre-consideration checks ..................................................................................... 11

Summary of UK ancestry requirements ................................................................ 11

General grounds for refusal .................................................................................. 11

Documents not in English or Welsh.......................................................................... 12

Translation of Welsh documents .......................................................................... 12

Citizenship, age and ancestry requirements ............................................................ 14

Commonwealth citizen .......................................................................................... 14

Aged 17 or over .................................................................................................... 14

UK-born grandparent ............................................................................................ 14

Meaning of ‘born in the UK and Islands’ ............................................................ 14

Adoption ............................................................................................................ 15

Documentary evidence of UK ancestry ............................................................. 15

Check the documents .................................................................................... 15

False documents ........................................................................................... 16

Employment requirement ......................................................................................... 17

General considerations ......................................................................................... 17

Voluntary work .................................................................................................. 17

Extension or indefinite leave applications ............................................................. 18

Applicant employed (or self-employed) at date of application ........................... 18

Evidence – general considerations ................................................................ 18

Evidence of employment ............................................................................... 18

Evidence of self-employment......................................................................... 18

Applicant unemployed at date of application ..................................................... 19

Maintenance and accommodation requirement ....................................................... 20

Conditions of stay ..................................................................................................... 22

No recourse to public funds .................................................................................. 22

Police registration ................................................................................................. 22


Employment .......................................................................................................... 22

Study .................................................................................................................... 22

Breach of conditions: consequences .................................................................... 23

Indefinite leave requirements ................................................................................... 24

Pre-consideration checks ..................................................................................... 24

Summary of indefinite leave requirements ............................................................ 24

If the applicant unemployed .................................................................................. 24

Historical periods of leave ..................................................................................... 24

Applicant applies for extension instead of indefinite leave .................................... 25

Grant or refuse entry clearance ................................................................................ 26

Grant entry clearance ........................................................................................... 26

Refuse entry clearance ......................................................................................... 26

Right to administrative review ........................................................................... 26

Grant or refuse entry at UK port ............................................................................... 27

Grant or refuse an extension of stay ........................................................................ 28

Grant extension .................................................................................................... 28

Refuse extension .................................................................................................. 28


Data requirements for extension applications ....................................................... 28

Grant or refuse indefinite leave ................................................................................ 30

Grant indefinite leave ............................................................................................ 30

Refuse indefinite leave ......................................................................................... 30


Data requirements for indefinite leave applications .............................................. 30

UK ancestry: eligible dependants ............................................................................. 32

Refusal wordings ...................................................................................................... 33

Entry clearance refusal wordings .......................................................................... 33

Leave to enter refusal wordings ............................................................................ 34

Extension of stay refusal wordings ....................................................................... 34

Indefinite leave refusal wordings .......................................................................... 36


About this guidance This guidance tells you how to consider applications in the UK ancestry category. This category is for Commonwealth citizens aged 17 or over who wish to come to work in the UK on the basis of having a grandparent born in the UK and Islands. The guidance is based on paragraphs 186 to 193 in Part 5 of the Immigration Rules. Eligible applicants are normally given entry clearance for 5 years. Towards the end of the 5 years, they can apply either for an extension of stay or indefinite leave to remain. Applicants must have entry clearance to come to the UK in this category. Applicants who enter the UK in a different category of the Immigration Rules cannot change (‘switch’) into the UK ancestry category after they arrive in the UK.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Economic Migration Policy Team. Border Force officers can also email BF National Immigration and Customs Enquiries (BF NICE). If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email Guidance – making changes.

Publication

Below is information on when this version of the guidance was published:

• version 17.0

• published for Home Office staff on 6 November 2019

Changes from last version of this guidance

This guidance has been substantially revised. The main changes are listed by page heading below. You can view previous versions of this guidance in the Guidance archive: UK ancestry section of Horizon. About this guidance

• New paragraph added explaining that migrants can apply for an extension of stay and indefinite leave after 5 years

• Clarification of switching rules

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-5-working-in-the-uk


Key facts

• ‘Eligibility requirements’: minor amendments to better reflect Immigration Rules

• ‘Application forms’: updated to refer to online forms

• ‘Immigration health surcharge payable’: new row added

• ‘Conditions of leave to remain’: updated to include reference to ATAS requirement

• ‘Work and study allowed’: updated to include reference to ATAS requirement

• ‘Related external links’: added links to Schedule 3 to the British Nationality Act 1981 and guidance on safeguarding children

Entry or extension requirements

• Updated to include reference to the immigration health surcharge and overstayer rules

• Reference to voluntary work included in summary of requirements

Documents not in English or Welsh

• Page renamed and amended to include reference to documents in Welsh

• Guidance on requirements for translated documents amended to reflect principles of paragraph 39B of Immigration Rules

• Guidance provided on translating Welsh language documents

Citizenship, age and ancestry requirements This page brings together, and significantly re-organises, information previously contained across 3 pages (‘Requirements of the applicant’, ‘Evidence required’ and ‘Check the documents’). Main changes are listed below (by sub-heading):

• ‘Aged 17 or over’: o clarification that there is no upper age limit o reminder of safeguarding duty for applicants aged under 18

• ‘UK-born grandparent’: o clarification of what is meant by ‘born in the UK and Islands’ ‘Channel

Islands’, and ‘born on a UK-registered ship or aircraft’ o References to ‘Republic of Ireland’ changed to ‘Ireland’

• ‘Adoption’: o clarification that, in all cases, the qualifying grandparent must have been

born in the UK or Islands

• ‘Documentary evidence of UK ancestry’: o redrafted for clarity o paragraph added to make clear that applicants must submit relevant

information each time they apply o paragraph added to acknowledge that alternative evidence may be

acceptable in limited circumstances

• ‘Check the documents’: o information amended and re-organised for clarity and to better reflect

operational practice


• ‘False documents’: o new sub-section directing caseworkers to relevant guidance where false

documents have been submitted Employment requirement This page brings together information from 2 separate pages in the previous version, ‘Employment/seeking employment’ and ‘Indefinite leave employment requirement’. Information has been significantly re-organised and a number of clarifications made. The main changes are listed by sub-heading below.

• ‘General considerations’: o clarification that an applicant who has retired and has no intention of

undertaking further work will not qualify o examples of evidence of intention to work added

• ‘Voluntary work’: o new subsection which confirms that voluntary work can count as

employment in the UK ancestry category

• ‘Extension or indefinite leave applications’: o new paragraph clarifying that an applicant will meet the employment

requirement if working at date of application o evidence of employment and self-employment substantially rewritten o clarification on handing applications where applicant has not worked

Maintenance and accommodation requirement This page has been expanded to provide guidance on what documents an applicant may submit and where to look for guidance in borderline cases or if considering refusal. Conditions of stay This is a new page and contains information on a UK ancestry migrant’s conditions of leave and the consequences of breaching those conditions. Indefinite leave requirements A number of clarifications have been made, including:

• ‘Summary of indefinite leave requirements’: o updated to include reference to overstayer rule

• ‘Historical periods of leave’: o new subsection providing guidance on applicants who completed their

qualifying period some years ago and then switched into another immigration category before applying for indefinite leave

• ‘Applicant applies for an extension instead of indefinite leave’: o updates and clarifies guidance on handling such cases

Grant or refuse entry clearance


• Endorsement information corrected to reflect operational practice

• Clarification that all relevant grounds for refusal must be cited

• Incorrect and outdated information on appeals and administrative reviews amended and updated

Grant or refuse entry at UK port

• Additional bullet points added on checking identity, nationality and entry clearance

• Link to border force refusals guidance added

• Duplicate version of page deleted Grant or refuse extension of stay in the UK


• Incorrect paragraph number in example removed


• Information on data requirements consolidated so it appears in one place rather than two

Grant or refuse indefinite leave


• Incorrect paragraph number in example removed

• Clarification that if refusing on general grounds, must refuse under both UK ancestry rules and general grounds rules


• Information on data requirements consolidated so it appears in one place rather than two

UK ancestry: eligible dependants

• Page renamed so that it better reflects content (it was previously called ‘Conditions of leave’)

• Clarification on which dependants are eligible to apply

• Incorrect information on appeal rights removed Refusal wordings This is a new section and provides example wordings to use when refusing an application in the UK ancestry category. Other changes The following changes have been made throughout the document:


• links updated or corrected

• formatting errors corrected

• sentences reworded for clarity

• headings and subheadings amended to better reflect content

• headings and subheadings added to improve navigation

• typos, spelling and grammatical errors corrected

• other minor housekeeping changes Related content: Contents Related external links Safeguard and promote child welfare


Key facts This page shows you the key facts for the UK ancestry category.

Area Fact

Eligibility requirements

A Commonwealth citizen who:

• is aged 17 or over

• can provide proof that one of their grandparents was born in the UK, Islands (Guernsey, Jersey or Isle of Man), Ireland (before 31 March 1922), or (in certain circumstances) on a British-registered ship or aircraft

• is able to work and intends to take or seek employment in the UK

• can maintain and accommodate themselves and any dependants while in the UK without recourse to public funds

• if seeking entry to the UK, has a valid UK ancestry entry clearance

Application forms • Entry Clearance – apply online by using Visa4UK (or paper VAF2 if applying from North Korea)

• Extension – apply online using form FLR(IR)

• Indefinite leave to remain – apply online using form SET(O)

Cost of application UK visa fees

Entry clearance mandatory?

Yes

Is biometric information required?

Yes

Immigration health surcharge payable?

Yes – for entry clearance and extension applications

Code of leave to remain granted

Code 1

Entry clearance endorsement

‘D: UK ANCESTRY EMPLOYMENT’. CODE 1. 5 YEARS

Conditions of leave to remain

• No recourse to public funds

• Study is allowed, subject to the requirement to

obtain an Academic Technology Approval Scheme

(ATAS) certificate if required by Part 15 of the

Immigration Rules

How long is entry clearance or leave to

5 years

https://www.visa4uk.fco.gov.uk/home/welcome

https://www.gov.uk/government/publications/application-form-for-uk-visa-to-work-study-and-for-dependants-and-right-of-abode-form-vaf2

https://visas-immigration.service.gov.uk/product/flr-ir

https://visas-immigration.service.gov.uk/product/set-o

https://www.gov.uk/government/publications/visa-regulations-revised-table

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-15-condition-to-hold-an-atas-clearance-certificate

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-15-condition-to-hold-an-atas-clearance-certificate


Area Fact

remain normally granted for?

Are dependants allowed?

Yes – partners and children can accompany or join the main applicant.

Work and study allowed?

Yes – UK ancestry visa holders can take any kind of employment (including self-employment and voluntary work). Study is allowed, subject to the ATAS requirement (see under ‘Conditions of leave to remain’ above)

Is switching into this category allowed?

No – applicants must have entered the UK with a UK ancestry entry clearance

Does time spent in this category lead to settlement (indefinite leave)?

Yes

Is knowledge of language and life required?

Yes, unless exempt

CID case type:

• Leave to remain: UK ancestry – LTR

• Indefinite leave to remain: UK ancestry – ILR

Immigration Rules paragraphs

186 to 193 in Part 5 of the Immigration Rules

Related content Contents Related external links Schedule 3 to the British Nationality Act 1981: list of Commonwealth countries Safeguard and promote child welfare


http://www.legislation.gov.uk/ukpga/1981/61/schedule/3


Entry or extension requirements This page tells you the requirements an applicant must meet for a grant of entry clearance or leave to remain in the UK ancestry category.

Pre-consideration checks

Before you consider an application, you must check that:

• it is valid – see Applications for leave to remain: validation, variation and withdrawal

• the applicant has given their biometric information – see Identity checks and biometrics

• the applicant has paid the immigration health surcharge

• the applicant’s passport or travel document and any supporting documentation is genuine – see Forgery

Summary of UK ancestry requirements

The applicant must meet the requirements of paragraph 186 of the Immigration Rules. They must:

• be a Commonwealth citizen

• be aged 17 or over

• provide proof that one of their grandparents was born in the UK and Islands and that the relevant grandparent is the applicant’s blood grandparent or grandparent by an adoption recognised by the laws of the UK

• be able to work and intend to take or seek employment (this includes self-employment and voluntary work) in the UK

• be able to maintain and accommodate themselves and any dependants adequately without recourse to public funds

• if seeking leave to enter the UK, hold a valid UK ancestry entry clearance

• if applying for leave to remain (an extension of stay) from within the UK: o have been admitted to, or previously granted an extension of stay in, the UK

in the UK ancestry category o not be in the UK in breach of immigration laws, except that any current

period of overstaying will be disregarded if any of the exceptions set out in paragraph 39E of the Immigration Rules apply – see Applications from overstayers for guidance

General grounds for refusal

In all cases, you must check that the applicant does not fall for refusal under the general grounds for refusal in paragraphs 320 to 322 of the Immigration Rules. Related content Contents



https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal


Documents not in English or Welsh This page tells you what to do if an applicant submits with their application a document that is not in English or Welsh. It also provides guidance on translating Welsh language documents. All documents submitted with an application should be in English or Welsh. If the applicant submits documents in another language and you are unable to understand or interpret the evidence, you must ask them to submit a certified translation if they have not already provided one with their application. The translation must:

• confirm that it is an accurate translation of the original document

• be dated

• include the full name and signature of the translator or an authorised official of the translation company

• include the translator or translation company’s contact details

• if the applicant is applying for an extension of stay or indefinite leave, be certified by a qualified translator and include details of the translator or translation company’s credentials

If the translation does not meet these requirements and you are unable to understand or interpret the document, you may disregard it as evidence. This may result in the application being refused. For example, if you are unable to understand or interpret the applicant’s evidence of ancestry (and they have not provided a suitable translation), you must refuse the application on the basis that you are not satisfied that they have a UK-born grandparent. For further information, see: Refusal wordings.

Translation of Welsh documents

Birth, marriage, civil partnership and death certificates issued in Wales are issued either in English only or bilingually (that is, with both Welsh and English printed on the same document). Such documents will therefore not require translation. If you receive any supporting documentation in Welsh only (for example, an employer’s covering letter), and you and your colleagues are unable to understand Welsh, you must arrange for the document to be translated into English. Under the Home Office Welsh language scheme, customers living in Wales are entitled to correspond with the Home Office in Welsh. If an applicant writes to you in Welsh, they must receive a reply in Welsh. The Home Office has a framework agreement with a translation company, K International, that can translate material to and from Welsh. The cost of any translation must be met by your unit or directorate.

https://k-international.com/

https://k-international.com/


For guidance on handling correspondence in Welsh and how to procure Welsh translation services, see the ‘How the Welsh language scheme affects you’ page on Horizon. Related content Contents Related external links Welsh language scheme


Citizenship, age and ancestry requirements This page gives you more information about the citizenship, age and ancestry requirements an applicant must meet to qualify in the UK ancestry category. These requirements are contained in paragraph 186(i) to (iii) of the Immigration Rules.

Commonwealth citizen

The applicant must be a Commonwealth citizen on the date of application – they do not necessarily have to have been a Commonwealth citizen when they were born. For the purposes of this category, ‘Commonwealth citizen’ means a citizen of a country or territory specified in Schedule 3 to the British Nationality Act 1981.

Aged 17 or over

The applicant must be aged at least 17 on the date of application. There is no upper age limit but, in all cases, the applicant must be able to and intend to take or seek employment. Where the applicant is aged under 18, you must have regard to your duty to safeguard and promote child welfare.

UK-born grandparent

The applicant must be able to provide proof that one of their grandparents was born in the UK and Islands and is either the applicant’s blood grandparent, or grandparent by reason of a UK-recognised adoption. There is no requirement for the applicant’s relevant parent or qualifying grandparent to have been married at the time of birth.

Meaning of ‘born in the UK and Islands’

To meet the requirement to have been born in the UK and Islands, the applicant’s qualifying grandparent must have been born:

• in the UK

• in the Channel Islands (Bailiwick of Guernsey or Bailiwick of Jersey) or the Isle of Man

• in what is now Ireland (but only if they were born before 31 March 1922), or

• in certain circumstances, on a UK-registered ship or aircraft – see Nationality policy: general information - all British nationals for guidance on when you can consider a person born on a ship or aircraft to have been born in the UK


http://www.legislation.gov.uk/ukpga/1981/61/schedule/3


You must refuse the application if the relevant grandparent was born anywhere else, including in a British overseas territory, former British colony or military base overseas.

Adoption

If the applicant or their parent is adopted, the applicant will meet the requirement to have a UK-born grandparent if either or both of the following apply:

• the applicant was legally adopted by someone who has a parent born in the UK and Islands

• one of the applicant’s parents was legally adopted by someone born in the UK and Islands

The adoption must be through an adoption process recognised as valid for the purposes of UK law. For more information on adoption, see: Nationality policy: adoption. An applicant cannot claim UK ancestry through step-parents where no legal adoption has taken place.

Documentary evidence of UK ancestry

The applicant must submit enough evidence to prove they have a grandparent born in the UK and Islands. Documentary evidence should normally include:

• the applicant’s full birth certificate showing the name of both of their parents

• the full birth certificate of the parent through whom the applicant is claiming a UK ancestry link

• the birth certificate of the relevant grandparent, clearly showing that they were born in the UK and Islands

• legal adoption papers if the applicant, or the applicant’s relevant parent, was adopted

• if the applicant, their parent or grandparent has changed their name since birth, suitable evidence of this – for example, marriage or civil partnership certificate or deed poll

Since the Immigration Rules do not specify what evidence the applicant must submit, you may be able to accept alternative evidence if the applicant is unable to provide one or more of the documents above. If the applicant submits alternative evidence, you must discuss the case with your line manager or senior caseworker, who can seek policy advice if necessary. The applicant must submit relevant evidence with each application they make in this category. You must not rely on a previous grant of entry clearance or leave to remain as evidence that a person satisfies the UK-born grandparent requirement.

Check the documents

You must check that the documents are correct and genuine. You must:


• cross-check the documents to make sure all the details correspond and show a clear line from applicant to grandparent

• record the birth certificate reference numbers on Proviso (entry clearance applications) or the Case Information Database (CID) (in-country applications)

• where possible, check reference numbers and details of documents sent with previous UK ancestry applications

• search all birth certificate reference numbers in CID and Warehouse (in-country applications only)

• check carefully for any signs a document has been altered If system checks show that birth certificates bearing the same nationality and reference numbers have been used before by a different applicant, or if you otherwise have concerns about the genuineness of the documents, you must make further checks. These can include:

• asking the relevant issuing authority, such as the General Register Office or equivalent overseas department, to verify the document – for documents issued overseas, the relevant entry clearance decision-making centre in the country or region where the document was purportedly issued may be able to assist you in this

• asking the applicant for additional evidence or information – but only if this is likely to help you resolve the case

If you are still in doubt, or if you have difficulty verifying the documents with the issuing authority, contact your local forgery unit or Immigration Enforcement International. For more information, see: Forgery.

False documents

If checks confirm that the applicant has submitted false documents, you must refuse the application. For information on the processes you must follow, see: Document verification. The refusal will be under:

• the relevant parts of paragraphs 320 to 322 relating to deception, false representations or false documents – see General grounds for refusal guidance

• the relevant parts of paragraph 186 (for example, paragraph 186(iii) where the applicant has submitted false evidence of ancestry) – see Refusal wordings

Related content Contents

https://www.gov.uk/general-register-office




Employment requirement This page tells you how to consider the employment requirement for a person who applies for entry clearance, an extension of stay or indefinite leave to remain in the UK ancestry category.

General considerations

Paragraph 186(iv) of the Immigration Rules says an applicant must be able to work and intend to take or seek employment in the UK. For the applicant to meet this requirement, you must be satisfied they either:

• have a job or are self-employed in the UK

• intend to look for work (or become self-employed) and are realistically able to do this – when you assess this, it may be relevant to consider the applicant’s: o age – for example, has the applicant indicated that they have retired and

have no intention of looking for further work (including voluntary work)? o health – for example, do they have any medical problems that may prevent

them from taking employment? You must not refuse an application on the grounds of age or disability alone, unless it is clear that the applicant does not intend to work or there is no realistic prospect of their being able to work in the future. The applicant does not have to be working at the time they apply. They need only demonstrate they are able to work and intend to take and seek employment. Evidence of this could include, but is not limited to:

• job offers from employers

• evidence of registration with a recruitment agency

• evidence of job applications they have made or any steps they have undertaken to improve their chances of finding employment – for example, relevant training courses

• a business plan, if they intend to be self-employed

Voluntary work

The definition of ‘employment’ in paragraph 6 of the Immigration Rules includes “paid and unpaid employment”. This means that if an applicant is undertaking, or intends to undertake, voluntary work, you may accept that they meet the ‘employment’ requirement. Since the applicant will not be earning an income, you must pay particular attention to the maintenance and accommodation requirement. You must grant the application if you are satisfied that the applicant will be able to maintain and accommodate themselves without a regular income and there are no other reasons for refusal.


https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6


Extension or indefinite leave applications

A person with leave in the UK ancestry category is not required to be continuously employed while in the UK to qualify for an extension of stay or indefinite leave to remain. How you consider an extension or indefinite leave application will depend on whether the applicant is employed or unemployed when they apply.

Applicant employed (or self-employed) at date of application

If the applicant provides satisfactory evidence that they are employed (or self-employed) on the date of application, you must accept that they meet the employment requirement, unless you have good reason to believe that they will not continue in employment or look for further work.

Evidence – general considerations

The following provides guidance on the type of evidence you can accept. However, as the rules do not specify what evidence an applicant must submit, you must judge each case on its individual merits. If the applicant provides documentation not listed below and you are not sure if you can accept it, you must speak to your line manager or senior caseworker, who can seek policy advice if necessary. You can ask for additional evidence if the evidence submitted with the application does not satisfy you that the applicant meets the requirement. You may also use evidence of employment (such as payslips) to consider whether the applicant meets the maintenance and accommodation requirement.

Evidence of employment

If the applicant is employed on the date of application, they should normally be able to submit both:

• a letter from their current employer which confirms how long they have been working for them and that they will continue in their current job with that employer, and

• one of the following (unless they are undertaking voluntary work): o their most recent payslip issued by the employer named on the letter o their most recent bank statement or building society passbook, if this clearly

shows recent receipt of wages from the employer named on the letter If the applicant has only recently started work for their employer and they have not yet been paid, the letter from the employer should confirm how much they will be paid.

Evidence of self-employment

If the applicant is self-employed on the date of application, they must send at least one recent document as evidence of this. Examples of acceptable evidence include, but are not limited to:


• their most recent tax self-assessment form (SA100) plus evidence of receipt by Her Majesty’s Revenue and Customs (HMRC)

• most recent statement of account (SA300) or tax calculations (SA302) issued by HMRC

• company tax return (CT600) for the last financial year and evidence of receipt by HMRC

• evidence of payment of National Insurance Contributions as a self-employed person – if the applicant pays these by direct debit, they will show on their bank statements as ‘HMRC NI-DD’

• Construction Industry Scheme (CIS) pay and deduction statements, if the applicant is a contractor or subcontractor in the construction industry

• copies of invoices and receipts of payment for recent work carried out

• most recent personal or business bank statement, if this clearly shows payments for work carried out as part of the applicant’s business

• audited accounts from the last financial year

• official letter from a registered accountant which confirms the applicant’s self-employment and earnings from the last financial year

This is not an exhaustive list. For further examples of documentation a self-employed applicant may submit, see Annex G of EEA(PR) guidance notes. These guidance notes are primarily for European Economic Area (EEA) nationals applying for permanent residence documentation under the EEA Regulations but you can accept the same documentation in UK ancestry cases.

Applicant unemployed at date of application

If the applicant is unemployed when they apply for an extension of stay or indefinite leave to remain, you must ask for evidence of their employment record throughout their previous 5 years and of any attempts they have made, and are making, to find work (if they have not provided this information with their application). If the applicant has been unemployed for the entire 5 years, you must ask them to explain the reasons for this, if they have not done so on their application form. In all cases where the applicant has had long periods of unemployment, you must give particularly careful consideration to how they have supported themselves without a regular income. See Maintenance and accommodation requirement. You must grant the application if there is satisfactory evidence that the applicant is genuinely looking for work, is able to work, and there are no other reasons for refusal. Remember that voluntary work can meet the employment requirement. If you are not satisfied that the applicant is able to and intends to take or seek employment, you must refuse the application – see Refusal wordings for guidance. Related content Contents Indefinite leave requirements

https://www.gov.uk/government/publications/apply-for-a-permanent-residence-document-or-permanent-residence-card-form-eea-pr


Maintenance and accommodation requirement This page tells you about the maintenance and accommodation requirement in the UK ancestry category. Paragraph 186(v) of the Immigration Rules requires an applicant to be able to maintain and accommodate themselves and any dependants adequately without recourse to public funds. When an applicant applies for entry clearance, an extension of stay or indefinite leave to remain, they are required to give information on their application form about their finances and accommodation and to provide supporting evidence. Evidence can include, but is not limited to:

• payslips

• bank statements

• building society pass book

• P60s

• evidence of any other source of income – for example, income from rental property

• tenancy or mortgage agreement

The Immigration Rules do not specify the evidence that an applicant must submit so you must assess each case on its merits. As a guide, if the evidence shows that the applicant is in paid employment or self-employment at the date of application and is earning more than they would be entitled to if they were in receipt of Universal Credit, or if they have savings that exceed the Universal Credit level, they will meet the maintenance requirement. For information on these levels, see the Universal Credit pages on GOV.UK. Applicants are advised to submit evidence covering at least 3 months. However, you must not refuse an application solely because the evidence covers less than this. You may accept evidence covering a shorter period if you are nonetheless satisfied that the applicant will be able to maintain and accommodate themselves. You may request additional evidence (even if the applicant has submitted evidence covering a 3-month period) if you are not satisfied, based on the evidence provided, that the applicant meets the requirement. If you have doubts about whether the applicant can meet the requirement, and you are considering refusing the application, you must refer to Appendix FM: 1.7A Maintenance. This provides guidance on assessing maintenance and accommodation in applications from family members made under Appendix FM to the Immigration Rules. You can apply the same principles and calculations to UK ancestry cases, except:


https://www.gov.uk/universal-credit

https://www.gov.uk/universal-credit


• references to ‘specified evidence’ do not apply to UK ancestry

• third-party support (for example, financial help from a relative or friend) is acceptable under the UK ancestry rules

• there is no requirement for cash savings to have been held for a minimum 6-month period, or for evidence of income to cover a minimum 6-month period

If you are not satisfied that the applicant can meet the maintenance and accommodation requirement, you must refuse the application. See Refusal wordings for guidance. Related content Contents


Conditions of stay This page tells you about the conditions of stay a UK ancestry migrant must comply with if they are granted entry clearance or an extension of stay. If the applicant is granted entry clearance or an extension of stay in the UK ancestry category, you must grant them on ‘code 1’ conditions. What this means is explained below. In the remainder of this section, we use the term ‘UK ancestry migrant’ to mean someone who has valid leave to enter or remain in the UK ancestry category.

No recourse to public funds

UK ancestry migrants are not permitted to claim public funds. This term is defined in paragraph 6 of the Immigration Rules and includes most state benefits and housing or homelessness assistance. For detailed information, including exceptions, see the Public funds guidance on Horizon.

Police registration

Commonwealth citizens are not normally required to register with the police. However, under paragraph 325(3) in Part 10 of the Immigration Rules, an immigration officer may exceptionally impose police registration if they consider it is necessary to ensure that the migrant will comply with their conditions of stay. See the Police registration guidance on Horizon for further information.

Employment

UK ancestry migrants can take any kind of employment or self-employment. The work can be full-time or part-time, paid or unpaid, does not have to be with a licensed Tier 2 or Tier 5 sponsor, and they do not need any additional permission or endorsement from the Home Office to work once they have been granted leave.

Study

UK ancestry migrants are allowed to study in the UK. There is no limit on the number of hours they can study or level of course they undertake. Study may be undertaken anywhere the migrant chooses and does not have to be with a licensed Tier 4 sponsor. However, any study the migrant undertakes must not prevent them from working or looking for work. If they intend to study a discipline listed in Appendix 6 to the Immigration Rules and are 18 years of age or over, they must obtain an Academic Technology Approval Scheme (ATAS) clearance certificate from the Counter-Proliferation Department of

https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-10-registering-with-the-police

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-6-academic-subjects-that-need-a-certificate

https://www.gov.uk/guidance/academic-technology-approval-scheme

https://www.gov.uk/guidance/academic-technology-approval-scheme


the Foreign and Commonwealth Office in relation to this course before beginning their study.

Breach of conditions: consequences

If a UK ancestry migrant breaches their conditions of stay (for example, by claiming public funds where an exception does not apply), they may be subject to any or all of the following penalties:

• their existing leave may be curtailed under paragraph 323 of the Immigration Rules – see Curtailment guidance for information

• any future application for entry clearance or leave to remain may be refused under the general grounds for refusal in paragraphs 320 to 322 of the Immigration Rules

• an application for indefinite leave to remain may be refused under paragraph 192(iv) and the general grounds for refusal in paragraph 322 of the Immigration Rules

• they may be removed from the UK and subject to a re-entry ban – see o Liability to administrative removal (non EEA) - consideration and notification o Re-entry bans

• in serious cases, they may be prosecuted for an offence under section 24(1)(b) of the Immigration Act 1971

You must not normally grant an extension of stay or indefinite leave to remain to an applicant who has breached their conditions of stay. If you are considering exercising discretion in such a case and not refusing the application, you must talk to your senior caseworker or line manager first. For further information, see the General grounds for refusal guidance. Related content Contents

https://www.gov.uk/government/organisations/foreign-commonwealth-office









http://www.legislation.gov.uk/ukpga/1971/77/section/24

http://www.legislation.gov.uk/ukpga/1971/77/section/24


Indefinite leave requirements This page tells you the requirements an applicant must meet to qualify for indefinite leave to remain (settlement) in the UK ancestry category.

Pre-consideration checks

Before you consider an application, you must check that:

• it is valid – see Applications for leave to remain: validation, variation and withdrawal

• the applicant has given their biometric information – see Identity checks and biometrics

• the applicant’s passport or travel document and any supporting documentation are genuine – see Forgery

Summary of indefinite leave requirements

An applicant for indefinite leave must meet the requirements of paragraph 192 of the Immigration Rules. They must:

• continue to meet all the entry or extension requirements of paragraph 186(i) to (v)

• have spent a continuous period of 5 years in the UK with leave in the UK ancestry category – for guidance on how to calculate this, you must refer to: o paragraph 128A of the Immigration Rules o Indefinite leave to remain – calculating continuous period in UK

• have sufficient knowledge of the English language and sufficient knowledge about life in the UK in accordance with Appendix KOLL of the Immigration Rules, unless they are under the age of 18 or aged 65 or over when they apply – see Knowledge of language and life in the UK for guidance

• not fall for refusal under the general grounds for refusal in paragraph 322 of the Immigration Rules

• not be in the UK in breach of immigration laws , except that any current period of overstaying will be disregarded where any of the exceptions set out in paragraph 39E of the Immigration Rules apply – see Applications from overstayers for guidance on this requirement

If the applicant unemployed

If the applicant is unemployed at the date of application, see Employment requirement for guidance.

Historical periods of leave

There is no requirement for the applicant’s most recent grant of leave to have been in the UK ancestry category – they can rely on an earlier 5-year period of UK




https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-koll



https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk


ancestry leave to qualify for settlement, even if they have since been granted leave in another category. Example The applicant entered the UK on 15 October 2012 with entry clearance in the UK ancestry category valid from 1 October 2012 until 1 October 2017. On 25 September 2017, instead of applying for settlement in the UK ancestry category, they applied for leave to remain as the partner of a points-based system (PBS) migrant and were granted until 31 October 2019. Their relationship with the PBS migrant broke down and, on 1 October 2019, they applied for indefinite leave in the UK ancestry category, relying on their earlier grant of UK ancestry leave. You can grant such an application, provided the applicant completed a continuous 5-year period in the UK with leave in the UK ancestry category, and they meet all of the other settlement requirements. When calculating the continuous residence requirement in such cases, you must count backwards from the date their previous UK ancestry leave expired. This can include leave extended by section 3C of the Immigration Act 1971 while a previous in-time application, appeal or administrative review application was pending. For further information, see: 3C and 3D leave.

Applicant applies for extension instead of indefinite leave

Some applicants who have completed 5 years in the UK in the UK ancestry category may choose to apply for an extension of stay rather than indefinite leave. This could be for a variety of reasons, including because the applicant:

• does not meet the knowledge of English language and life in the UK requirement for settlement

• has broken their continuity of residence and so cannot meet the 5-year continuous residence requirement for settlement

• simply does not wish to apply for settlement, or is unaware that they are eligible to do so

Whatever the reason, you must not treat an extension application as though it were one for indefinite leave, even if it appears that the applicant may meet the settlement requirements. You must consider such an application against the entry or extension requirements and grant or refuse an extension as appropriate. There is no limit on the number of times an applicant can be granted an extension of stay in the UK ancestry category if they continue to meet the relevant requirements. Related content Contents

http://www.legislation.gov.uk/ukpga/1971/77/section/3C

http://www.legislation.gov.uk/ukpga/1971/77/section/3C


Grant or refuse entry clearance This page explains when to grant or refuse an application for UK ancestry entry clearance made overseas.

Grant entry clearance

If the applicant meets all the requirements of paragraph 186 of the Immigration Rules and none of the general grounds for refusal in paragraph 320 apply, you must grant entry clearance. For guidance on the requirements, see: Entry or extension requirements. The endorsement is:

Category D: UK Ancestry Work Permitted No Public Funds (If relevant: Register with Police in 7 days of UK entry) Duration: 5 years from date the applicant intends to travel to the UK

Refuse entry clearance

You must refuse entry clearance if the applicant does not meet all the requirements of paragraph 186, or if any of the general grounds for refusal in paragraph 320 apply. You must quote all relevant refusal paragraphs in your decision letter. If refusing under the UK ancestry rules, the refusal is under paragraph 186 of the Immigration Rules, quoting the relevant sub-paragraphs of paragraph 186 that the applicant has not met. See Refusal wordings for examples. If you are considering refusing entry clearance under the general grounds for refusal, you must refer to:

• General grounds for refusal (guidance)

• Immigration Rules - paragraph 320: general grounds for refusal

Right to administrative review

Applicants have no right of appeal against our decision to refuse. However, if they think the entry clearance officer has made an error in considering their application, they can apply for an administrative review. You must include details of how to make an administrative review application in your decision letter. Related content Contents







Grant or refuse entry at UK port This page explains when to grant or refuse entry at a UK port in the UK ancestry category. Before you grant leave to enter, you must be satisfied that:

• the applicant has produced on arrival a valid passport or other identity document

• the applicant has valid entry clearance for entry in the UK ancestry category

• there is no reason to believe the applicant gave false information to obtain the entry clearance or that circumstances have changed since it was issued

• none of the general grounds for refusal or cancellation of leave in paragraphs 320 to 321B of the Immigration Rules apply

If granting leave to enter, the statistical code to record on the landing card is: UK Grandparent UKG. If refusing leave to enter, you must refer to Border Force guidance: refusal of leave to enter for guidance on the processes to follow. Related content Contents Refusal wordings Related external links Immigration Rules - paragraphs 186 to 193 General grounds for refusal (guidance)



http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part5/


Grant or refuse an extension of stay This page explains when to grant or refuse an extension of stay (leave to remain) in the UK ancestry category and the statistical information you must record on the Case Information Database.

Grant extension

If the person meets all the requirements of paragraph 189 of the Immigration Rules, and none of the general grounds for refusal in paragraph 322 apply, you must grant leave to remain for a period of 5 years in the UK ancestry category on code 1 conditions. For information on the requirements, see: Entry or extension requirements.

Refuse extension

You must refuse an extension of stay if the applicant does not meet all the requirements of paragraphs 189 and 186(i)-(v) of the Immigration Rules, or if any of the general grounds for refusal in paragraph 322 apply. You must quote all relevant refusal paragraphs in your decision letter. If refusing under the UK ancestry rules, the refusal is under paragraph 191 of the Immigration Rules, quoting the relevant sub-paragraphs of paragraphs 189 and (where relevant) 186(i)-(v) that the applicant has not met. See Refusal wordings for examples. If you are considering refusing an extension of stay under the general grounds for refusal, you must refer to:




Applicants have no right of appeal against our decision to refuse. However, if they think the Home Office has made an error in considering their application, they can apply for an administrative review. You must include details of how to make an administrative review application in your decision letter.

Data requirements for extension applications

You must ensure that the correct case type and statistical code are recorded on the Case Information Database (CID). The CID case type for an extension application is:

• UK Ancestry – LTR







The statistical code is either:

• if granting: UKA - Extension. Y1

• if refusing: UKA - Refusal. Y5 Related content Contents


Grant or refuse indefinite leave This page explains when to grant or refuse indefinite leave to remain (settlement) in the UK ancestry category and the statistical information you must record on the Case Information Database.

Grant indefinite leave

If the applicant meets all the requirements of paragraph 192 of the Immigration Rules, and none of the general grounds for refusal in paragraph 322 apply, you must grant indefinite leave to remain. For more information on the requirements, see: Indefinite leave requirements.

Refuse indefinite leave

You must refuse indefinite leave if the applicant does not meet all the requirements of paragraph 192 of the Immigration Rules, or if any of the general grounds for refusal in paragraph 322 apply. You must quote all relevant refusal paragraphs in your decision letter. If refusing under the UK ancestry rules, the refusal is under paragraph 193 of the Immigration Rules, quoting the relevant sub-paragraphs of paragraph 192 and (where relevant) paragraph 186(i)-(v) that the applicant has not met. See Refusal wordings for examples. If the application falls for refusal under the general grounds for refusal, the refusal is under paragraph 193 with reference to 192(iv) and the relevant sub-paragraphs of paragraph 322. For further information on general grounds, see:




Applicants have no right of appeal against our decision to refuse. However, if they think the Home Office has made an error in considering their application, they can apply for an administrative review. You must include details of how to make an administrative review application in your decision letter.

Data requirements for indefinite leave applications

You must ensure that the correct case type and statistical code are recorded on the Case Information Database (CID). The CID case type for an indefinite leave application is:

• UK Ancestry – ILR






The statistical code is:

• if granting: UKA - UK Ancestry – 4/5 yrs. 2AA

• if refusing, either: o UKA - Refusal Not compl 4/5 yrs. Y7 (use this where the applicant has not

completed the 5-year qualifying period) o UKA - Refusal No extn of leave granted. Y8 (use this in all other cases)



UK ancestry: eligible dependants This page explains which dependants (family members) may accompany or join an applicant who comes to the UK in the UK ancestry category. The following dependants (family members) are allowed to come to the UK to accompany or join a person granted entry clearance or leave to remain on the basis of UK ancestry (UK ancestry migrant):

• spouse or civil partner of the UK ancestry migrant

• unmarried partner or same-sex partner of the UK ancestry migrant, provided they have been living with the UK ancestry migrant in a relationship similar to a marriage or civil partnership for 2 years or more

• dependent children of the UK ancestry migrant (or of the UK ancestry migrant’s spouse, civil partner or partner) who, on the date of application, are either: o aged under 18 o aged 18 or over and have current leave to enter or remain as the dependent

child of the relevant UK ancestry migrant Dependants must meet all the requirements of paragraphs 194 to 199B of the Immigration Rules and must not fall for refusal under the general grounds for refusal. For detailed information on the requirements, you must refer to: Dependants of Part 5 migrants. Related content Contents




Refusal wordings This page gives examples of wordings to use if you are refusing a UK ancestry application. This is not an exhaustive list of reasons. You must use these paragraphs along with any other appropriate paragraphs – for example, if you are also refusing on general grounds. You must adapt the wording to the specific circumstances of the case and ensure that the reasons for refusal are clear and relevant to the application. Words in square brackets in the examples below are optional.

• Entry clearance refusal wordings

• Leave to enter refusal wordings

• Extension of stay refusal wordings

• Indefinite leave refusal wordings

Entry clearance refusal wordings

For guidance on the requirements, see:

• paragraph 186 of the Immigration Rules

• Entry or extension requirements

• Grant or refuse entry clearance Introductory wording ‘You have applied for entry clearance to the UK on the grounds of United Kingdom ancestry but your application has been refused.’

Reason and paragraph Example wording

Not a Commonwealth citizen Paragraph 186(i)

In view of the fact that […], I am not satisfied that you are a Commonwealth citizen [as claimed].

Not aged 17 or over Paragraph 186(ii)

In view of the fact that [you were born on …], I am not satisfied that you [are / will be] aged 17 or over [on the date you intend to travel to the UK].

Grandparent not born in the UK and Islands Paragraph 186(iii)

In view of the fact that […], I am not satisfied that you are able to provide proof that one of your grandparents was born in the UK and Islands.

Grandparent not a blood grandparent or grandparent by reason of UK-recognised adoption Paragraph 186(iii)

In view of the fact that […], I am not satisfied that the grandparent through whom you are claiming UK ancestry is your blood grandparent, or grandparent by reason of an adoption recognised by

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-5-working-in-the-uk#pt5ancestry



the laws of the United Kingdom relating to adoption.

Unable to work Paragraph 186(iv)

In view of the fact that […], I am not satisfied that you are able to work in the UK.

No intention to take or seek employment Paragraph 186(iv)

In view of the fact that […], I am not satisfied that you intend to take or seek employment in the UK.

Inadequate maintenance and accommodation Paragraph 186(v)

In view of the fact that […], I am not satisfied that you will be able to maintain and accommodate yourself [and any dependants] adequately without recourse to public funds.

Leave to enter refusal wordings


• paragraph 188 of the Immigration Rules

• Grant or refuse entry at UK port

• Border Force guidance: refusal of leave to enter Introductory wording ‘You have asked for leave to enter the UK on the grounds of United Kingdom ancestry…’


No valid passport or other identity document Paragraph 188

…but you have failed to produce a valid passport or other identity document [satisfactorily establishing your identity and nationality].

No valid entry clearance Paragraph 188

…but you do not have a valid entry clearance for entry in this capacity.

Extension of stay refusal wordings


• paragraphs 189 to 191 of the Immigration Rules

• Entry or extension requirements

• Grant or refuse an extension of stay Introductory wording ‘You have applied for an extension of stay in the UK on the grounds of United Kingdom ancestry but your application has been refused.’





Not a Commonwealth citizen Paragraph 191 with reference to 189(i) and 186(i)

In view of the fact that […], the Secretary of State is not satisfied that you are a Commonwealth citizen [as claimed].

Not aged 17 or over Paragraph 191 with reference to 189(i) and 186(ii)

In view of the fact that [you were born on …], the Secretary of State is not satisfied that you are aged 17 or over.

Grandparent not born in the UK and Islands Paragraph 191 with reference to 189(i) and 186(iii)

In view of the fact that […], the Secretary of State is not satisfied that you are able to provide proof that one of your grandparents was born in the UK and Islands.

Grandparent not a blood grandparent or grandparent by reason of UK-recognised adoption Paragraph 191 with reference to 189(i) and 186(iii)

In view of the fact that […], the Secretary of State is not satisfied that the grandparent through whom you are claiming UK ancestry is your blood grandparent, or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption.

Unable to work Paragraph 191 with reference to 189(i) and 186(iv)

In view of the fact that […], the Secretary of State is not satisfied that you are able to work in the UK.

No intention to take or seek employment Paragraph 191 with reference to 189(i) and 186(iv)

In view of the fact that […], the Secretary of State is not satisfied that you intend to take or seek employment in the UK.

Inadequate maintenance and accommodation Paragraph 191 with reference to 189(i) and 186(v)

In view of the fact that […], the Secretary of State is not satisfied that you will be able to maintain and accommodate yourself [and any dependants] adequately without recourse to public funds.

Not admitted to the UK with a valid UK ancestry entry clearance or granted an extension of stay in that capacity Paragraph 191 with reference to 189(ii)

In view of the fact that […], the Secretary of State is not satisfied that you were admitted to the UK on the grounds of United Kingdom ancestry in accordance with paragraphs 186 to 188 of these Rules or have been granted an extension of stay in this capacity.

In the UK in breach of immigration laws Paragraph 191 with reference to 189(iii)

In view of the fact that […], the Secretary of State is satisfied that you are in the UK in breach of immigration laws and that none of the exceptions in



paragraph 39E of the Immigration Rules apply.

Indefinite leave refusal wordings


• paragraphs 192 to 193 of the Immigration Rules

• Indefinite leave requirements

• Grant or refuse indefinite leave

Introductory wording ‘You have applied for indefinite leave to remain in the UK on the grounds of United Kingdom ancestry but your application has been refused.’


Not a Commonwealth citizen Paragraph 193 with reference to 192(i) and 186(i)

In view of the fact that […], the Secretary of State is not satisfied that you are a Commonwealth citizen [as claimed].

Not aged 17 or over Paragraph 193 with reference to 192(i) and 186(ii)

In view of the fact that [you were born on …], the Secretary of State is not satisfied that you are aged 17 or over.

Grandparent not born in the UK and Islands Paragraph 193 with reference to 192(i) and 186(iii)

In view of the fact that […], I am not satisfied that you are able to provide proof that one of your grandparents was born in the UK and Islands.

Grandparent not a blood grandparent or grandparent by reason of UK-recognised adoption Paragraph 193 with reference to 192(i) and 186(iii)

In view of the fact that […], the Secretary of State is not satisfied that the grandparent through whom you are claiming UK ancestry is your blood grandparent, or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption.

Unable to work Paragraph 193 with reference to 192(i) and 186(iv)

In view of the fact that […], the Secretary of State is not satisfied that you are able to work in the UK.

No intention to take or seek employment Paragraph 193 with reference to 192(i) and 186(iv)

In view of the fact that […], the Secretary of State is not satisfied that you intend to take or seek employment in the UK.

Inadequate maintenance and accommodation

In view of the fact that […], the Secretary of State is not satisfied that




Paragraph 193 with reference to 192(i) and 186(v)

you will be able to maintain and accommodate yourself [and any dependants] adequately without recourse to public funds.

Not completed a continuous period of 5 years in the UK ancestry capacity Paragraph 193 with reference to 192(ii)

In view of the fact that […], the Secretary of State is not satisfied that you have spent a continuous period of 5 years lawfully in the UK in this capacity.

Does not meet the knowledge of language and life in the UK requirement Paragraph 193 with reference to 192(iii)

In view of the fact that […], the Secretary of State is not satisfied that you have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK, in accordance with Appendix KoLL to the Immigration Rules.

Falls for refusal under the general grounds for refusal Paragraph 193 with reference to 192(iv) – you must also refuse under the relevant part of paragraph 322 of the Immigration Rules

In view of the fact […], the Secretary of State is satisfied that you fall for refusal under the general grounds for refusal in Part 9 of the Immigration Rules.

In the UK in breach of immigration laws Paragraph 193 with reference to 192(v)

In view of the fact that […], the Secretary of State is satisfied that you are in the UK in breach of immigration laws and that none of the exceptions in paragraph 39E of the Immigration Rules apply.



uk ancestry · Applicants must have entry clearance to come to the UK in this category. Applicants...

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