Rules Paragraphs 186-193

Under this provision, Commonwealth citizens who can prove that one of their grandparents was born in the United Kingdom and Islands (Channel Islands, the Isle of Man) and who intends to take or seek employment in the UK may be granted an entry clearance on the basis of his/her UK Ancestry. A person seeking entry in this capacity will normally be given for five years, after which they may apply for settlement.

Prior entry clearance is mandatory.

Further Guidance
Applicants must be able to demonstrate that the grandparent on whom the claim is based was born in the UK, Channel Islands, The Isle of Man or if the grandparent was born before the 31 March 1922 in what is now the Republic of Ireland.

Birth on a British registered ship or aircraft is also to be included.

An application from a person whose grandparent was born in any territory other than those listed above, including a former British colony or military base overseas would fall to be refused.

Applicants must be related to the UK born grandparent by blood or adoption.

Legitimate descent
It makes no difference whether the relevant grandparent is in the legitimate or illegitimate line.

Relationship by adoption
An applicant who has been adopted by his parents, through an adoption process recognised as valid for the purposes of UK law, can qualify if:

• he/she has been adopted by someone who has a UK-born parent; or
• one of his/her parents was adopted by a person born in the UK; or
• his/her natural grand parents were born in the UK.

Claims through step-parents
A claim to UK ancestry cannot be made through step-parents.

Employment
Applicants must be able to show that they have employment in the UK or genuinely intend to seek employment and are able to do so. An ability and an intention to seek employment must be realistic in the circumstance. When assessing it may be relevant to consider the applicant’s:

• age
• health, i.e. does he/she have any medical problems that may prevent him from taking employment?

The applicant need only demonstrate that he/she is able to work and genuinely intends to seek employment. His/her application should not be refused on the grounds of a disability alone. However, refusal may be appropriate if there is a reason to believe that there is little realistic prospects of his obtaining employment or living without recourse to public funds.

Authenticity of birth/marriage certificates
You should cross-check the birth certificates of grandparent, parent and applicant to ensure that all details correspond and look for any indication that they have been altered. Applicants may submit marriage certificates but these are not mandatory as ancestry can be claimed through the legitimate or illegitimate line. If you have doubts about their authenticity, you should ask for further documentary evidence particularly if records of birth and marriage are known to be generally unavailable or suspect.

Entry clearance endorsement
Applicants in this category should be given entry clearance endorsed ‘D: UK ANCESTRY EMPLOYMENT’. CODE 1. 5 YEARS.

Leave to enter should begin on the date the applicant is due to arrive in the UK.
Relevant foreign nationals who are granted entry clearance for longer than six months should be required to register with the police. (Refer to Paragraph 325(2)(i) of the Immigration Rules).

Refusals/Appeals
Refusal of entry clearance under UK Ancestry attracts a full right of appeal.
Spouses and dependent children of applicants with United Kingdom Ancestry ( Rules Paragraphs 194-199)

Prior entry clearance is mandatory.

Endorsement
Entry clearances should be endorsed ‘D: ACCOMPANYING/JOINING WIFE/HUSBAND/ PARENTS’. Code 1 for a period normally equal to, but in any event not in excess of that granted to the spouse/parent.

Relevant foreign nationals who are granted leave to enter for longer than six months should be required to register with the police. (Refer to Paragraph 325(2)(i) of the Immigration Rules).

Unmarried or same-sex partners: (Rules Paragraph 295J)

Prior entry clearance is mandatory.

Refusals/Appeals
Refusal of entry clearance as the dependant of a person with UK Ancestry attract a full right of appeal, except where the principal applicant has themselves had their application for entry clearance refused.