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How long does it take for Ancestral Citizenship to be cleared


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#1 DAD2BE

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Posted 09 September 2006 - 08:04 PM

Hi All
I hope you can help me. My partner is from South Africa & her grandfather was from N.Ireland. She is going back to SA to apply for Ancestral citizenship. Can anybody tell me how long this will take? She has all the paper work. We need for her to be back ASAP as our baby is due on February so please tell me that this will only take a couple of weeks (I hope that will be the case)



#2 John

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Posted 09 September 2006 - 08:22 PM

Are you aware that the visa application processed has now been outsourced? More detail on this webpage.

In most countries where the process has been outsourced most visa applications get dealt with more efficiently than previously. As long as all the needed evidence is supplied you could find that applying for an ancestry visa, a type of non-settlement visa, should be quite quick .... in day or weeks, rather than months or years.

#3 JAJ

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Posted 10 September 2006 - 02:10 AM

Hi All
I hope you can help me. My partner is from South Africa & her grandfather was from N.Ireland. She is going back to SA to apply for Ancestral citizenship.



I presume you mean an Ancestry Visa rather than "ancestral citizenship"

What's your own nationality, out of interest? If you're British why is she not applying for a visa on that basis.

Does she realise that she can also apply for Republic of Ireland citizenship on the basis of her grandfather's Northern Ireland birth? This would give her the advantage of permanent resident status in the United Kingdom sooner than the 5 years on an Ancestry Visa, and she'd also be able to apply for British citizenship by naturalisation at least a year sooner than otherwise.

If she wants to go down this route, she ought to apply for permission to keep South African citizenship (unless she doesn't want to keep it).

#4 DAD2BE

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Posted 10 September 2006 - 09:01 AM

Many thanks for your replies
John
I was aware that they outsourced the applications but was still unsure of long they take, she did lose her passport & an emergency passport has taken 4 weeks to sort out from the SA Consulate in London, so that does not reassure me. We know that she will first have to get her passport sorted when she goes back before even starting to apply for the Citizenship. I hope you are right on the Days/Weeks thing. as I'm sure you will agree we cannot wait months let alone years & your words are much appreciated.
JAJ
Sorry I have only heard it referred to as Ancestral citizenship. I am a UK Citizen by birth but I didn't think that we could apply on that basis as we are not married & have been together for nearly a year. I'm assuming that that us being married was what you were implying there. Marriage is a subject that has come up but she is determined to do this properly rather than 'use' my status (long story). If there is another way please advise. I didn't even think about the RI Citizenship but it is specifically UK that we are wanting. Getting permanent resident status should not be an issue as we do plan to get married within the 5 years anyway, it is more the getting back over here as soon as possible that is of utmost importance to us. If the RI Citizenship would be quicker it might be worthwhile looking at, I didn’t even think it was possible.
She does not want to lose her South African Citizenship at all & will be applying for Dual Nationality (as we all will in time), I can see that this may add more time onto the application what are your thoughts/advise on this?

My partner is currently on a Working Holiday Makers Visa (again not sure if that is the correct term) & currently is unable to work due to the ‘working’ part having expired, indeed she did actually overrun this part with out knowing, but the Visa is valid until March next year. I’m hoping that the fact that there is still time left on the will help with the application. Currently she is staying with friends waiting on going back to SA to sort this all out & not being able to work things are getting a little strained.

Edited by DAD2BE, 10 September 2006 - 09:03 AM.


#5 alvon

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Posted 10 September 2006 - 02:59 PM

D2B,

Not a professional in this field, but maybe I can offer some thoughts as someone who has gone through the process in SA. Provided the paperwork is OK and your girlfiend is employable and intends taking up employment, there should be no significant delay in getting the UK ancestral visa. Presumably she has all the appropriate unabridged birth certificates etc.. reflecting her family history. The visa would be for five years, after which she could apply for indefinite leave to remain (you may of course be married by then, changing the situation).

The one area I would advise extreme patience on though is the South African passport. I have heard of a number of recent cases of severe delays back there for God knows what reasons. Not that it is strictly relevant, but applying for a SA passport renewal in the UK from our own consulate here has a time frame of four months (the official period, if you are lucky).

Bottom line, if your girlfriend qualifies (see the rules under ancestry visa on the IND site) it will be OK, just prepare for a possibl frustrating period getting the SA passport replaced.

Good luck.

#6 JAJ

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Posted 10 September 2006 - 03:33 PM

JAJ
Sorry I have only heard it referred to as Ancestral citizenship.


No such thing, sorry. You really need to get that into your head otherwise you'll both remain totally confused.

It's an Ancestry Visa. You have to work in the UK for 5 years (study or stay-at-home won't do) to get Indefinite Leave to Remain (ILR) which is UK permanent residence. After a further year with ILR, or immediately if married to a British citizen, you can then apply for naturalisation. Only then do you become a citizen, not before.

Is there something here that you haven't told us? For example, does she have a UK born or naturalised parent?


I am a UK Citizen by birth but I didn't think that we could apply on that basis as we are not married & have been together for nearly a year. I'm assuming that that us being married was what you were implying there.


Spouse status as an unmarried partner normally requires two years together.


Marriage is a subject that has come up but she is determined to do this properly rather than 'use' my status (long story). If there is another way please advise. I didn't even think about the RI Citizenship but it is specifically UK that we are wanting.


The point about ROI citizenship is that it may give her a quicker route to British permanent residence and British citizenship. Once you accept the idea there's no such thing as "ancestral citizenship" this should be clear.


Getting permanent resident status should not be an issue as we do plan to get married within the 5 years anyway


Sorry, but it doesn't work like that. Even if you're married at the end of the 5 year period, and she has an Ancestry Visa, they will refuse permanent residence if she has not been working all that time. Best she could hope for in that situation would be a further 2 year visa as a spouse, hence a long delay in getting her permanent residence and citizenship.


it is more the getting back over here as soon as possible that is of utmost importance to us. If the RI Citizenship would be quicker it might be worthwhile looking at, I didn’t even think it was possible.


It is possible. She can always apply for both Ancestry Visa and Irish citizenship. The Irish have a bad reputation on processing times (ie they are often very slow), but if she is in the UK and has a spouse or Ancestry Visa, it should not be a problem if she acquires Irish citizenship after arrival. Irish citizens can still apply for naturalisation as British after meeting normal residence requirements.

She does not want to lose her South African Citizenship at all & will be applying for Dual Nationality (as we all will in time), I can see that this may add more time onto the application what are your thoughts/advise on this?


She only needs South African permission to apply for another citizenship, not for a visa. It's really important you understand this distinction.

Your child will probably be eligible for South African citizenship once registered as a citizen. You would probably need to live in South Africa for a while.


My partner is currently on a Working Holiday Makers Visa (again not sure if that is the correct term) & currently is unable to work due to the ‘working’ part having expired, indeed she did actually overrun this part with out knowing, but the Visa is valid until March next year. I’m hoping that the fact that there is still time left on the will help with the application. Currently she is staying with friends waiting on going back to SA to sort this all out & not being able to work things are getting a little strained.



It appears to me that you both need to see an immigration lawyer to discuss your options. If you don't there is a high risk that she will not select the most appropriate visa options due to confusion.

#7 London_Lad

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Posted 10 September 2006 - 04:20 PM

It's an Ancestry Visa. You have to work in the UK for 5 years (study or stay-at-home won't do) to get Indefinite Leave to Remain (ILR) which is UK permanent residence. After a further year with ILR, or immediately if married to a British citizen, you can then apply for naturalisation. Only then do you become a citizen, not before.


Just a small point, JAJ. Under the ancestry visa provisions, whereas it is required that your residence be continuous for ILR, there are no specifications under the rules that one's work history is continuous. You just need to be working or willing to accept work at the time of application. So technically, you could have watched Corrie nonstop for four years and then gone out and got a job for one year, and you'd still qualify for ILR under the ancestry provisions. Please see page 7 of the following link for more information:

http://www.ind.homeo...pdf?view=Binary

#8 JAJ

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Posted 10 September 2006 - 04:24 PM

Just a small point, JAJ. Under the ancestry visa provisions, whereas it is required that your residence be continuous for ILR, there are no specifications under the rules that one's work history is continuous. You just need to be working or willing to accept work at the time of application. So technically, you could have watched Corrie nonstop for four years and then gone out and got a job for one year, and you'd still qualify for ILR under the ancestry provisions.



Thanks for the clarification. But the bottom line is that one must be working at the time of application for ILR, or have clocked up a significant work history by that point. Otherwise there will be real problems at ILR stage and being married to a British citizen at that point won't help.

#9 Victoria

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Posted 11 September 2006 - 11:23 AM

I think that this is being made a lot more complex than it is.

There are two options, and both can be carried out at the same time:

1) Irish Citizenship. I would say do this from SA, as the waiting times from the UK are very long. It is a two part process...registering as an Irish National Overseas, and then getting the passport

2) Ancestry Visa, again this has to be done from SA, but should be very straight forward, and not something you need a lawyer for.

She will not need to be working full time on the ancestry, and if you are likely to be married within the 5 years then come back here and we can advice where it is worth her switching to a spousal visa. Of course, by then she will probably have her irish Citizenship, so it will probably be irrelevant.

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#10 JAJ

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Posted 12 September 2006 - 12:09 AM

She will not need to be working full time on the ancestry, and if you are likely to be married within the 5 years then come back here and we can advice where it is worth her switching to a spousal visa. Of course, by then she will probably have her irish Citizenship, so it will probably be irrelevant.



It won't be irrelevant from a Naturalisation point of view however, as being married to a British citizen reduces the residence requirement to 3 years (5 years otherwise).


1) Irish Citizenship. I would say do this from SA, as the waiting times from the UK are very long. It is a two part process...registering as an Irish National Overseas, and then getting the passport


There's no such status as Irish National Overseas. One is either an Irish citizen or not.




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