UKCitNeedingHelp

Hi
My wife (Canadian), myself (British) and our five year old daughter (born in Canada) came into the UK 5 months ago. Their visa's are about to expire but we want to stay together here as a family... what can we do..? We have a place to live in the UK and I have work so she doesn't need a work visa, just the ability to stay here so we can all remain together. My father has health problems so we want to stay in the UK to help him...Can we get another 6 months for them if we go to Paris for a few days..? Is there a way we can extend their visitors visa's..? What are our options..?
Thx in advance...

SanDiegogirl

The visa cannot be extended and travelling to Paris for a few days will not re-set the expiry date.

It sounds as though you have returned to the UK permanently and your wife and child entered as visitors for the 6 month period that you need to complete in a job before applying for the spouse visa.

As you are probably aware the spouse visa must be applied for outside of the UK - so your wife (and child) should return to Canada to do so.

You cannot switch to any other visa from a visitor's status.

UKCitNeedingHelp

I have been working for the past four months but I'm officially self-employed so it would need me to have been earning for a full year... that would mean we would be separated as a family for eight months before I would have earned the necessary amount. Are there no options..?

SanDiegogirl

Unfortunately no.

Your wife entered as a visitor and cannot change to another visa. (this is the same situation in most countries).

Since you know that self employment requires 12 month of proof of income then, you were aware that at the expiry of the visitor status you would be facing this separation.

BritInParis

Does your wife have any British/Irish/European-born parents or grandparents?

Vadio

Why does your daughter have a visitor's visa? Is there some reason why she is not a BC (since you are)?

alfista1

I feel for you. I am in the same boat but with my 4 year old son being British.

My wife is due to leave in December!! Son starts primary school in 2 weeks!
Really sucks. This law has to change soon.

We would just like to spend a few more months together so we're together for Christmas as a family but I can't find any other options.
So ridiculous a visitor cannot extend their stay just for an extra month or two.

Last time we visited Paris my wife got her passport re-stamped so always worth a try. (many years ago though)

Wish you the best of luck.

Dubvibe

We didn't apply for her passport before we left Canada and now it seems we have to return to Canada to make the application...... what a crazy situation..!!

Dubvibe

Actually I had this crazy idea that seeing as I am a British citizen I wouldn't have any trouble living in my home country with my partner and our daughter...!!! I would expect this kind of fascist behaviour from my government if I was Iranian, Russian or American but as a British citizen I was expecting more from the system that I fund with my tax £.

Dubvibe

No she has Canadian and American parents/grandparents.... no European blood as far back as they have researched.
thx though...

Dubvibe

It would seem that our only option is to move to another EU country and live there for as long as it takes to get their residency worked out. We have been offered a place to live in Spain through a family friend, I know I can live and work there but does my partner and child have the right to come with me or would they have to return to Canada and apply for Spanish residency there..?

BritInParis

Why do you think that? Your daughter can make her application from within the UK. Given the delays at the Passport Office it may be advisable for you to consider paying extra for the Fast Track service and get her passport back within the week.

You and your daughter are British - your wife is not. Most developed countries have policies in place restricting immigration.

A Canadian passport would have given her access to the Youth Mobility Scheme if she were under 30 but as you have children she would be unable to qualify.

Canadian citizenship would also give her Commonwealth citizenship status in the UK so it may be preferable for her to immigrate to the UK on a Canadian passport in the future.

If you wish to attempt the Surinder Singh route then note that the rules have been toughen up considerably this year and you'll probably need to live there for longer than the time it would take for you to qualify to sponsor your wife for a partner visa in the UK, i.e. upwards of a year. The alternative would separate you for eight months as at least your wife would need to return to Canada however you would still be in the UK to attend to your father.

If you do wish to continue to move to Spain then all three of you can move there together from the UK and apply for your confirmation of residency. This will allow you to stay there indefinitely.

Tr1boy

It does suck and I feel for anyone stuck in this financial requirement mess.

However, you knew the rules before you came and you knew exactly the situation you would be presented with if you went down the path you did. Why are you now all bent out of shape because the rules have been applied exactly as the law dictates?

What you want and what UKBA (or whoever) will allow were always going to be two different things.