higharcticsikkaasi

Hello Folks
Looking for assistance/help on this matter, please.

Here's the scenario wrt an application for a Family Visa for my common-law spouse:
My common law partner of 18 yrs and I are currently living in Canada.
I am a male British citizen, and we have two children.
We are currently in the process of applying for their UK passports - born outside the UK not by descent.

We have already completed the online application and are now about to book an appointment (and pay the fees) at a processing centre in Vancouver. However, because I cannot view what was submitted (well, I can't seem to view it anyway; perhaps I'm missing something) I cannot remember what we included in the online application. This is causing us to have doubts about our application and worries about delays and loss of fees. Anyway, of course dependents were mentioned but for the purposes of the application (mainly monetary) we have or will not include them as her dependents per se although of course they are as they are our dependents.

How should one approach this? Are we correct in leaving our children out of her application as dependents as they are British citizens, albeit British citizens to be, once they receive the passports, which I'm not anticipating being a problem?

Looking for some help/assurances/advice,etc, please.
Thanks

SanDiegogirl

If your children are British citizens (you are applying for their British passports) they are not regarded as dependents for immigration purposes.

You should be sponsoring your wife only and paying for a visa etc for her solely.

higharcticsikkaasi

Thanks SDg.
Does that mean then, that in her application, she does not have to mention her dependents (our children), or just when it comes to the financial calculations? In other words, they need to be included but not as 'dependents'? I'm not sure I'm explaining myself particularly well.

Or am I simply sponsoring her, so I am the one that must show I have the necessary savings for just her? Is it me that has to show the necessary financials?

GarethMarshall

This is exactly the thread I've been looking for. Sorry to piggy back on it.

I'm English, I've lived in Russia for 4 years, my wife is Russian and we have 2 children, both of which now have British passports.

The answer above says that they will not be included as dependents, so just to clarify: I have to earn £18,600 pounds in order to bring my wife over, but not the additional money required if you have children?

This is the sticking point for me as making £18,600 is very achievable, whereas making £24,800 is a big ask for me.

I'd very much appreciate a reply and also welcome hearing from anyone who was/is in the same situation as me.

Kind regards,

Gareth.

BritInParis

Any dependent children who are British citizens should be mentioned on your application form but they do not need to be included in your calculations for meeting the financial requirements when completing Appendix 2.

GarethMarshall

Thank you BritInParis,

This felt like such a stupid question to ask in the first place, but here is a follow up stupid question, if you don't mind:

They've never lived in Britain, but they are definitely considered a "British citizen" - by any definition of the term. Right?

Thank you in advance.

BritInParis

That depends - do they hold British passports? If not were you born in the UK and were you married to their mother at the time of their births? If so they will be British citizens by descent and you need only apply for their British passports. If you haven't got their British passports yet then I would strongly advise obtaining before starting the spouse visa process for your wife as her visa will be time limited and you don't want it to expire whilst you're waiting for the children's passports to be issued.

SanDiegogirl

i'm English, I've lived in Russia for 4 years, my wife is Russian and we have 2 children, both of which now have British passports.

BritInParis

Ha, missed that. I think Mr Marshall has his answer.

GarethMarshall

Thanks for the quick reply. This has really made me smile! I don't know why but I have been reading this rule that I'd have to make additional money to support me children.

This rule must then apply to such a minority of people, ie,a Brit who married someone non European who already had children.

I'm made up! The move us definitely on now!

I plan to come at the end of July, leaving my wife and kids in Russia. As soon as I'm in work paying me the £19k she'll come over on a 6 month tourist visa then return when it expires taking with her all the paperwork I'll have gathered up showing my earnings exceed the 19k so that she can apply from in Russia for the 2.5 year visa. It's on! Bye bye Russia!!