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Ireland Act 1949 |
A UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands or Isle of Man who wish to work in the United Kingdom. It is used mainly by young Australians, New Zealanders, Canadians and South Africans coming to UK to work and as a base to explore Europe. [1]
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The main requirements are:[2]
The Entry Clearance is valid for five years. After this, the holder can apply for an extension or for Indefinite Leave to Remain (ILR). For ILR, the holder must show that he or she has been living continuously in the UK and is currently in continuing employment or has worked throughout the five years. The Home Office's instructions for immigration officers assessing these applications make clear that if the applicant is working at the time of the ILR application, the applicant needs to show only that his or her current employment will continue. If not working at the time of the ILR application, the applicant will need to show that he or she has been continually working or looking for work throughout the five-year period.
This Entry Clearance does not prevent the holder from undertaking study; however, to stay within the terms of the status the holder should also be working.
After acquiring Indefinite Leave to Remain, it is possible to apply for British citizenship by naturalisation after meeting normal residence requirements. See British nationality law
A grandparent born in Northern Ireland, or what is now the Republic of Ireland prior to 1 April 1922, gives rise to an entitlement to a right to admission under UK Ancestry. However there may also be an entitlement to register as an Irish citizen by descent which grants full permanent residency in the UK immediately. See Irish nationality law
This may be possible as an alternative to, or in addition to, a UK Ancestry Entry Clearance.
On 26 October 2005, The Times newspaper in Britain published an article outlining possible plans by the British Home Office to abolish admission under UK Ancestry in favour of a points based migration system. The issue had apparently been raised in the House of Commons Home Affairs Select Committee. The possibility of abolition alarmed many people with British-born grandparents living in Commonwealth countries.
Scotland's First Minister, Jack McConnell, expressed his concern over the possible abolition of the UK Ancestry Entry Clearance. Mr. McConnell had recently been in Canada to encourage Canadians of Scottish heritage to move to Scotland. Canada has over 4 million citizens that are of Scottish descent. Part of the reason for this campaign was the concern over declining population and birthrate in Scotland. His campaign received a great deal of interest in Canada[citation needed].
However, details of a new points based system announced on 7 March 2006 made it clear that ancestry routes to the UK would not be affected. The new points system covers those workers wishing to enter the UK without EU/EEA member state citizenship or ancestral links to the UK.
The abolition of Ancestry Visa was once again brought up by the Home Office in February 2008 in a green paper where public consultation is currently being held.[1]
In July 2008, with the publication of a draft immigration and citizenship bill, the UK Home Office "confirmed that it will retain the ancestral route to citizenship under which Commonwealth citizens aged over 17 with one grandparent born in the UK can obtain a passport".[3]
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