Jo, who is in her 70’s, is a loving mother to a child and several British grandchildren in the UK. Five years ago, Jo decided to come to the UK to be with her family. One of her grandparents was born in the UK, and so she was eligible for a UK Ancestry visa. She got the visa and moved to the country.
Five years after arriving in the UK, Jo’s elderly mother who lived abroad got sick. Jo did not have her mind on her visa – which was only valid for five years.
When Jo visited the Citizens Advice bureau to ask which form to use for her ILR application, the advisor realised Jo’s visa expired a month ago. Jo was then a knowing overstayer and committing a criminal offence.
The Immigration Rules paragraph 192 says that indefinite leave to remain may be granted to a Commonwealth citizen with a grandparent born in the United Kingdom provided that the applicant is not in breach of immigration laws.
As an overstayer, Jo was in breach of immigration laws. She was, therefore, not able to make a valid Ancestry application for ILR. The legally correct option was to leave the UK immediately and apply to enter again from abroad. This would be disruptive, and her clearance may have been refused. Even if successful, she would have had to start her five-year road to ILR again.
Scarsdale Solicitors – Manchester, Rochdale and Oldham
For advice on immigration issues from local experts, call the team at Scarsdale Solicitors Manchester, Scarsdale Solicitors Oldham & Scarsdale Solicitors Rochdale. We combine unparalleled expertise in legal matters with the highest level of customer service. If you need help and assistance from Rochdale immigration solicitors, Manchester Immigration solicitors or Oldham immigration solicitors, call us today on 0161 660 6050.
