A 2023 Guide to the UK Ancestry Visa

Posted onJanuary 24, 2023

If your grandparent was born in the UK and you are a Commonwealth citizen then you may qualify for a UK ancestry visa.

In this 2023 ancestry visa guide our immigration solicitors look at the eligibility criteria for the ancestry visa and the application process.

UK Online and London-Based Immigration Solicitors

For advice on ancestry visas and UK immigration law call OTS Solicitors on 0203 959 9123 or contact us online.

Who can apply for a UK ancestry visa?

The Home Office eligibility criteria for an ancestry visa are:

You must be a Commonwealth citizen
A grandparent must have been born in the UK
You must intend to work in the UK
You must be able to maintain yourself and provide your own accommodation without reliance on public funds
You must be at least 17 on the date you plan to come to the
You may need to produce a TB certificate depending on where you are applying from

Are you a Commonwealth Citizen?

You are a Commonwealth citizen if you are a:

British subject
National of a country listed in the British Nationality Act 1981
British Overseas Territories citizen
British National (Overseas)
British Overseas citizen

To obtain your ancestry visa you will need to prove you are a Commonwealth citizen. Our immigration solicitors can advise you on whether you qualify for the ancestry visa and the evidence you will need to produce in support of your application. Call us on 0203 959 9123.

UK ancestry from a grandparent

To qualify for the ancestry visa one of your grandparents must have been born in the:

UK
Isle of Man
Channel Islands
Ireland – if born before 31 March 1922
British registered or owned ship or aircraft

The immigration rules on grandparents say that you or your parent could be adopted and still qualify for the ancestry visa provided the adoption was a legal adoption recognised in English law. You will not qualify if you or your parent was a stepchild of the grandparent whose ancestry you are relying on unless a formal adoption order was made.

Your parents and your grandparents do not need to have been married to one another to allow you to qualify for an ancestry visa but you will need to prove your relationship to them – namely that they are a blood relative or you or your parent was legally adopted. If you are not sure if you qualify for the ancestry visa our immigration solicitors can advise you on the eligibility criteria and discuss your best visa options. Call our ancestry visa lawyers on 0203 959 9123.

Money and accommodation needed to qualify for an ancestry visa

Under immigration rules, you do not need a minimum level of savings before you can apply for an ancestry visa. All the immigration rules say is that you must be able to show that you can adequately maintain and accommodate yourself and any dependents without recourse to public funds. You do not need to own a house in the UK or to have rented one provided you can show you have accommodation available to you, such as with a family member or friend.

Bringing family to the UK on an ancestry visa

You can be accompanied by family members if you qualify for an ancestry visa but your dependants must qualify for the dependant visa and make an application for this visa.

The dependent visa is not just available for a child under the age of 18 or your husband, wife, or civil partner. An unmarried partner may qualify if you have been living together in a relationship akin to a marriage or civil partnership for at least 2 years prior to their dependant visa application and your relationship is genuine and continuing.

There are rules about whether a dependant can apply for a dependant visa so it is best to check if an application can be made before you start to apply for your ancestry visa. If you need immigration law advice on dependant visas call OTS Solicitors on 0203 959 9123.

Applying for a UK ancestry visa

You apply for an ancestry visa online and most applications must be made from outside the UK. Your application must be supported by your evidence, such as evidence of ancestry or a TB certificate.

If you are not sure if your evidence is sufficient or if you are uncertain about how best to complete the ancestry visa application or dependant visa application our specialist individual immigration solicitors can help you.

Settling in the UK after entry on an ancestry visa

Settling in the UK does not mean you have to give up your Commonwealth citizenship as you can apply for indefinite leave to remain. ILR status means you can stay in the UK on an indefinite basis free from immigration control. In essence, you will not be subject to ancestry visa conditions and you will not have to make repeat visa applications because indefinite leave to remain is not time limited.

After you have obtained indefinite leave to remain you can go on to apply for British citizenship. When applying for British citizenship you can either relinquish your original nationality or acquire dual nationality. Our British citizenship solicitors can talk you through the British citizenship application process so you can decide if British citizenship is the best option for you.

To qualify for indefinite leave to remain you need to have been lawfully and continuously resident in the UK for at least 5 years. You may also need to meet the English language requirement unless you are exempt from sitting the English language test. You may be exempt because of your nationality ( if you come from a Commonwealth country that is on a Home Office list of English-speaking countries) or if you are disabled or over 65 or under 18 years old.

Ancestry visas and working in the UK

If you enter the UK on an ancestry visa your visa conditions allow you to work. You can either be self-employed and set up your own business or join a partnership or you can apply for paid employment. The 2 key points are:

You do not need a job offer before you can apply for an ancestry visa but you must intend to work
You can take up any type of employment in the UK as you are not restricted to jobs where the employer holds a Home Office sponsor licence to sponsor visa holders

Accordingly, if you are eligible for either the ancestry visa or the skilled worker visa the likelihood is that it is better for you and the potential employer that you come to the UK on the ancestry visa.

Immigration solicitors say that many visa applicants have more than one choice of visa and that is why it is best to talk to an immigration lawyer about your options to help you work out which type of visa best suits your situation and your settlement goals.

UK Online and London-Based Immigration Solicitors

For advice on ancestry visas and UK immigration law call OTS Solicitors on 0203 959 9123 or contact us online.

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