The ancestral visa

The ancestral visa

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• Taffy Nyawanza: UK immigration rules on marriage, domestic servants

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By Taffy Nyawanza

FOR an extensive period prior to 2003, a large number of Zimbabweans flocked to the UK on the back of the ancestry visa. This is the visa scheme for Commonwealth citizens with a grandparent born in the United Kingdom and the Channel and Isle of Man Islands.

Apparently, the scheme attracted such massive interest that allegations of abuse in the system were made. The Home Office promptly responded by blocking all Indefinite Leave to Remain (ILR) applications by Zimbabwean nationals already in the UK on ancestry visas pending investigations.

This somewhat extreme response is not without precedence. The UK government has previously responded thus where high numbers of applications in a particular category led to suspicions of abuse. In 2005, the Working Holidaymaker scheme which allows 17 - 30 year old Commonwealth citizens to reside in the UK for 2 years and work for 12 months of the period was suspended in 4 countries, namely Malaysia, Sri Lanka, Botswana and Namibia because of high volumes which triggered suspicions of abuse.

Similarly, in Nigeria all applications for UK visas from first-time visitors in the 18 to 30 age bracket were suspended on 11 April 2005 until 2006. The Consulate in Nigeria has advised affected Nigerians to “postpone their plans until 2006, by which time we plan to have reorganised our main visa office in Lagos”. And closer to the UK, visa services in Bulgaria and Romania were temporarily suspended on 30 March 2004 following allegations of improper handling of applications from those seeking to enter the UK under the provisions of the European Community Association Agreements (ECAA).

For affected Zimbabweans, it is cold comfort to know they are not alone in this quandary. Those who have already submitted applications for ILR are faced with real difficulties in the event of emergencies such as weddings, funerals and other family occasions back in Zimbabwe. Their travel papers being with the Home Office, they are unable to travel conventionally. I have heard numerous plaintive accounts from people whose passports have been with the Home Office for inordinate lengths of time.

The good news is that the Home Office is now on record as saying that its investigations of abuses of the ancestry visa scheme are now complete and reconsideration of applications should commence soon. Its website, however has a prominent message to future Zimbabwean ancestry visa applicants - to submit their applications for ILR via the postal route ONLY. Over-the-counter applications remain suspended.

For applicants in Zimbabwe, a problem seems apparent. Readers will remember that on 19 March 2002, shortly after the presidential election, the Commonwealth suspended Zimbabwe from its councils for one year after the Commonwealth’s election observer team found the conduct of the election seriously flawed and declared the plebiscite to be not free and fair. After this suspension was upheld in December 2003, Mugabe pre-empted the inevitable expulsion that would have ensued and unilaterally withdrew Zimbabwe from the Commonwealth. Technically, this would seem to suggest therefore, that Zimbabweans no longer qualify under the ancestry visa scheme.

Lets remind ourselves of the requirements of the scheme. An applicant under the ancestral visa scheme must show that he:

(i) is a Commonwealth citizen; and

(ii) is aged 17 or over; and

(iii) is able to provide proof that one of his grandparents was born in the United Kingdom and Islands and that any such grandparent is the applicant's blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption; and

(iv) is able to work and intends to take or seek employment in the United Kingdom; and

(v) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds.

The key requirement is citizenship of the Commonwealth. Zimbabwe is not in the Commonwealth any more, thanks to Mugabe.

There is nothing to suggest that the British Consulate in Harare has stopped to process applications under the scheme, however. Its website certainly offers this route as one of the available migration routes to the UK. It specifies the usual documentary evidence required for the application as being:

* a full birth certificate
* a marriage certificate, if applicant is married; and
* the full birth certificates of the parent and grandparent through whose ancestry the application is being made.

I would however, love to hear the experiences of recent applicants in this category. For those already in the UK on the scheme whose passports are held up in the chock-a-block, the most obvious, effective and cheap recourse seems to be the local MP. My experiences are that they can produce real results.

Taffy Nyawanza is accredited by the OISC and writes in his personal capacity. He can be contacted at profettaffy@yahoo.co.uk

Disclaimer: This article only provides general information and guidance on immigration law. It is not intended to replace the advice or services of a solicitor. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information
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