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Changing my name and my visa type after marriage


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#1 Guest_amanda_*

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Posted 12 May 2006 - 06:11 PM

Hi,
I am a New Zealand citizen currently on an Ancestry visa due to expire in Feb 2007. I married my British partner last month. I have changed my surname and so need a new passport however apparently they don't reapply your current visas to the new passport, it's up to you to do that.
My question is, should I apply for a spouse visa or try to renew my ancestry visa? What are the advantages/disadvantages of each? Because my old passport will be invalid when replaced, will I need to then go through the rigmarole of hunting out old birth certificates of grandparents etc again?

Hope you can help and thanks in anticipation!
Amanda



#2 Mrs G

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Posted 12 May 2006 - 07:04 PM

Hi,
I am a New Zealand citizen currently on an Ancestry visa due to expire in Feb 2007. I married my British partner last month. I have changed my surname and so need a new passport however apparently they don't reapply your current visas to the new passport, it's up to you to do that.
My question is, should I apply for a spouse visa or try to renew my ancestry visa? What are the advantages/disadvantages of each? Because my old passport will be invalid when replaced, will I need to then go through the rigmarole of hunting out old birth certificates of grandparents etc again?

Hope you can help and thanks in anticipation!
Amanda

I am not one of the sites experts, just someone who's husband had similar problems. I am sure someone will come by and correct me where I have gone wrong if I have.
When my husband renewed his passport (australian) because of a name change and it was almost due to expire, he sent his old passport and documentation pertaining to the name change (in your case, a marriage certificate) to the Australian consulate in UK. They returned both old and new. Someone once said on this site that it wasn't neccessary to have your visa put in your new passport, simply carry both passports with you. My husband decided it would be simpler to pay to have new one put in.
As to the other question, I think it's better to apply for an extension as you have almost completed your 4 yrs. If you apply for aspouse visa I think your time in the UK is effectively zeroed and you have to accumulate time from scratch again in readyiness for ILR.

#3 John

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Posted 13 May 2006 - 01:53 PM

Amanda, what I think you should do is to get a new passport in your new surname ASAP, and having got that, apply for a 2-year souse visa ... to be put into that new passport. You should not delay applying for the spouse visa, because the sooner you get it, the sooner you will be able to get your ILR.

#4 Mrs G

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Posted 14 May 2006 - 12:46 PM

Amanda, what I think you should do is to get a new passport in your new surname ASAP, and having got that, apply for a 2-year souse visa ... to be put into that new passport. You should not delay applying for the spouse visa, because the sooner you get it, the sooner you will be able to get your ILR.


.......on an Ancestry visa due to expire in Feb 2007.


Why? If she applies for a one year extension on her ancestry, she will be eligible for ILR as of Feb 2008. in her own right.This can be done on the old passport as someone corrected me not so long ago or she has plenty spare time between now and Feb 2007 to apply for new passport in new name in readiness for extension of ancestry. OR,
If she firstly sends away her passport for a name change now, it takes four to six weeks for it to be returned which takes you to end of June 2006 at least, then apply for two year spouse visa, that takes you to June 2008 before you can apply for ILR.I can't see your logic. I know it's only a few months difference but..........Please explain what I am not seeing.

#5 John

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Posted 14 May 2006 - 02:39 PM

Good question Mrs G! I think I would say this. Firstly I would like opinions from others about whether it is possible for the further one-year ancestry visa to be applied for, given the marriage. Secondly, and in any case, the ancestry visa needs the person to continue working. OK, Amanda has not told us of her intentions, continue work or not, but a spouse visa has no obligation to work.

So even if the one-year extension to the ancestry visa is not a problem, going the spouse visa route might still have advantages.

#6 Victoria

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Posted 15 May 2006 - 02:10 PM

I go with Mrs G on this. Staying on the ancestry is a quicker route to ILR, and there is no obligation to switch to a spousal just because you have married.

With regard to switching the visa into the new passport, I would say to send off the new passport when you are applying for the new visa, that way you won't end up paying twice. In the meantime, carry both passports around with you, and your marriage certificate showing the name change when you travel.

Victoria

#7 Guest_amanda_*

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Posted 17 May 2006 - 06:59 PM

Thank you all so much for responding to my query! Great to have the various opinions.
Interesting what someone (John I think?) said about the not working thing being OK on Spouse but maybe not on Ancestry. We plan to start a family soon so I would not be working for up to a year, although I am in a permanent job so would be on maternity leave. Does that make a difference?
Cheers, Amanda

#8 John

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Posted 17 May 2006 - 07:21 PM

The relevant part of the instructions, as regards Ancestry applications, to IND staff reads :-

Employment
Applicants must be able to show that they have employment here or genuinely intend to seek employment and are able to do so. An ability and intention to seek employment must be realistic in the circumstances. When assessing this it may be relevant to consider the applicant's:
♦ age
♦ health, ie does he have any medical problems which may prevent him from taking employment?

The applicant need only demonstrate that he is able to work and genuinely intends to seek employment. His application should not be refused on the grounds of a disability but only if there is reason to believe that there is little realistic prospect of his obtaining employment or living without recourse to public funds.


Just to reinforce this, ancestry visas are undoubtedly a type of employment visa. That is, in the immigration rules they are in the same section as say employment visas issued after someone get a Work Permit.

#9 Mrs G

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Posted 17 May 2006 - 07:45 PM

As far as I am aware it is not necessary to have employment on AV as long as you have the finance to support yourself without recourse to public funds. She will have employers maternity leave and pay (I presume)although I grant you probably not Statutory Maternity Pay. She should be able to have her baby using the NHS at no cost, free dental treatment during and for one year after pregnancy. It shouldn't come into the equation at least until she applies for IRL surely ,as she has her husband to support her and she will not be claiming any benefits. As the baby will be born to a UK citizen, the father can apply for child benefit and working tax credit and child tax credit in HIS name. Besides, trying starting a family and actually falling pregnant can be some time apart.

An AV states that you can be employed without restriction, not that you HAVE to be employed

Edited by Mrs G, 17 May 2006 - 07:48 PM.


#10 ppron747

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Posted 17 May 2006 - 10:31 PM

I don't disagree with most of what you say above, Mrs G, but the Ancestry visa does - as John indicated - carry with it an explicit requirement that the holder must be"able to work and intends to take or seek employment in the United Kingdom" It isn't a case of not having to work so long as you can support yourself without recourse to public funds. It is, specifically, a work visa.
I'm probably being unduly picky, but I wonder all maternity leave counts as "employment". Certainly, paid maternity leave must count - you're still drawing salary as an employee. But Amanda talks about not working "for up to a year". I don't know who you work for, Amanda, but one of my own former employers - big, and with a pretty good attitude to staff - offers a meximum of 6 months paid maternity leave, with an option of a further six months, unpaid. AIUI, this effectively takes the person "off the books", and simply guarantees them the right to come back, either during or at the end of the period. I'd hope that this would be sufficient to satisfy an IND caseworker when your ILR application comes up, but I'm not sure it is absolutely cut and dried - it might be worth talking to whoever deals with employment policy matters at your workplace. If it might be a problem, maybe the switch to "spouse" visa isn't such a bad idea after all...
Sorry to contradict, Mrs G, but I know from experience that casual readers can pluck isolated sentences from posts and mistakenly apply them to their own circumstances. Both John and I saw a young man (=spoiled brat!) come a-cropper a while ago, having picked up the notion that because he had a private income he could live in UK on an ancestry visa, without needing to work. He couldn't...




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