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Discussion Starter · #1 ·
Hi there

My partner and I are New Zealand nationals and have been living in the UK for one year. My partner is currently on an ancestry visa and I am on a youth mobility visa.

Later this year I am going to apply for a new visa to stay in the UK as a dependant of my partner.

My question is this: can I apply for this visa without physically leaving the UK, or will I have to return to New Zealand and submit my application from there?

Thanks for your help.
 

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Yes, since the rules change in October 2013, you can switch to a dependant visa within UK. You need evidence of two-year continuous cohabitation, and you need to meet adequate maintenance requirement (£114.85 per week left after paying rent/mortgage and council tax).
 

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Up to date information - Applying within UK.

Hi All,

Similar situation as the OP, I am on an Ancestry visa and my partner of 6+ years is on a Tier 5 - Youth Mobility visa with about 10 months remaining. We are both working in the UK.

We just called the UK immigration phone number and they stated my partner will need to fly home to Australia to apply as a dependant on my ancestry visa. Is this true? I was led to believe from my research and friends experience that this was not the case and we shouldn't need to apply outside of the UK.

Does anyone have any recent experience so my partner doesn't have to go back to Australia to apply onto my ancestry visa? Has the ruling changed recently?

TIA,
Tim.
 

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Rules changed recently (in 2013 or 14) and you can now switch into ancestry dependant leave within UK. Wish UKVI enquiry service stopped giving out wrong information.
 

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Thanks Joppa.

Do you have the reference or know what the specific rule is?

My partner has called the home office visa advice line and they said we can apply in the UK and when I called the same number to double check and confirm the information and I got a different answer saying we can't apply in the UK and my partner has to apply from Australia.

Would love to got some firmer confirmation on the this....

Thanks.
 

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A bit long but:
196A.The requirements to be met by a person seeking an extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant: (i)is the spouse, civil partner, unmarried or same sex partner of a person who: (1)has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); or
(2)has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

(ii)meets the requirements of paragraph 194(ii) - (vii); and
(iii)was not last granted: (1)entry clearance or leave as a visitor, short-term student or short-term student (child),
(2)temporary admission, or
(3)temporary release; and

(iv)must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-5-working-in-the-uk

A solicitor says:
'Switching Into Visa As A Dependant Of A Person With The UK Ancestry Visa

Following changes in the Immigration Rules implemented from 1 October 2013, it is now possible to switch into dependant visa of a person with the UK Ancestry visa from inside the UK unless:
◾you were last granted leave to enter or remain as a visitor; or
◾you are on temporary admission or temporary release.

From the above, it is clear that anyone who is not in the UK on a visitor visa or an overstayer with Temporary Admission in the UK can switch into Dependant visa as a dependant of a person with the UK Ancestry visa from inside the UK.'
 

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Discussion Starter · #7 ·
Hi there

I am planning to apply to change from my youth mobility visa to a visa as a dependant of my partner who is on an ancestry visa. I will be making this application within the UK.

Do you know what application form I will need to compete?

Thanks for your help.
 

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Hi I am in a similar situation to the original post, where I already am in the UK with an ancestry visa, with my partner who is on a youth mobility visa.

We are investigating, her to change visa within the UK and become dependent on my visa.

I was wondering if anyone has any specific experience in doing this?

I was having a look at the form, which seems appropriate for this:
https://www.gov.uk/government/uploa...ent_data/file/516833/FLR_O__Version_04-16.pdf

But it seems to be set up so that it would want us to both be applying for the visa at the same time, where actually our situation is, I already have the ancestry visa, so I shouldnt have to apply for anything myself..

If anyone has had a look through the form and could provide some advice that would be most welcome.

Thanks
 

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Yes, FLR(O) is the correct form. It's also used for a dependant-only application. Just read carefully. You don't have to give details of your partner who is here on ancestry visa (they can check up on their database). You need to have 2 years of continuous cohabitation.
 

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Mallo,

We just sent off our application last week.

Things to note from out time with the process so far:
- As Joppa noted, your partner with the tier 5 visa, applies as the main applicant and they can look up your ancestry visa details to verify it. FYI - Unlikely to apply in your situation but if your partner did have their own dependents (i.e kids or in care of someone) then they are the dependent to the applicant.

- you can only send the application within 28 days of your partners visa expiring (don't worry, you don't become illegal by overstaying your existing visa). You can send it earlier but the advice given to us is that it won't be considered until this period is reached so it just means you'll be without your passport longer if you send it earlier.

- if you qualify, you need to pay the Immigration Health Surcharge (IHS) to obtain the reference number (for us it was about £200) but this can vary. You get the number immediately when your payment on-line goes through. The link is on the cover sheet of the FLR(O) application.

- you don't have to leave the UK to apply. Just quote the section in the thread below if talking to anyone from the Home Office (until you quote the line, they'll keep telling you that it needs to be done outside of the UK.)

- we've been told it can take 12 weeks so factor this in (FYI - one of our friend's is still 5 months without their passport for reasons unknown to us yet)

- biometics, assuming you got this done when you initially applied, they can look it up as long as you provide which office it was done at and roughly when it was taken.

Hope this helps. The above were the main sticking points for us, but once we worked it out (thanks to Joppa and advice from a lawyer we contacted), the rest of the application was pretty straight forward.

Our application has now been sent so fingers crossed it all goes smoothly and it works out as planned for us. I can post any updates if anyone is interested. :fingerscrossed:

Note I'm no expert, but happy to share our experience.
 
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