HighTide

With the great expertise on this forum I am wondering if someone can help answer a few questions I have regarding returning to the UK with a Canadian partner.

I will be returning after living for 37 years in Canada. At this time we have just submitted my partner's Settlement Visa application (VAF4A).

Our plan is if successful with the Visa to come over first of all for about 4 weeks in Dec/Jan to look for a property. Hoping to buy a small B & B type business.

I believe that my partner is permitted to be away from the UK for no more than 3 months in a calender year during the first 2 years of residency.

My first question is:

1. Do I as the UK citizen have to enter the UK as a returning citizen at the same time my partner enters. As we will have to return to Canada to clear up business here and will still need Medical in Canada until we leave for the UK for the second time hopefully in early February ?

2. Is there any other stipulation other that not being out of the UK for more than 3 months in a calendar year such as not being able to leave within a certain length of time having been granted admission.

3. Once my partner has the Settlement Visa would they have to enter the UK on the Visa or could they wait until the 2nd. visit to do this. I do understand that it has to be within 3 months of being granted.

I hope I have made these question reasonably clear. Just would like a little clarification on the above.

Many thanks. David

john5655

David

1. your wife's visa is granted on the grounds that you are returning to live in the UK permanently. You will either need to be in the UK before your wife's arrival or you will need to travel together

2. no, you can come and go as you please within the bounds of the residency requirement to maintain the visa

3. i don't see why your wife can't travel as a visitor even though the visa is in the passport. The visa will be valid for 27 months from date of issue (unless you asked for a 90-day extension to the visa validity start date. Why 27 months? well, this is to give you time to make the move over to UK and then to comply with the 24-month probation period of residency in UK, which will then qualify your wife for Indefinite Leave to Remain (ILR), provided that she has by then passed the Knowledge of Life in UK test (KOL). There is no 90-day requirement to land as you suggest.

HOWEVER, you do not say how long you have been married, but if you have been married (or living together as partners) and living overseas for at least four years, then the visa your wife will be issued will be different to the above, it will be entitled "Indefinite Leave to Enter (subject to Knowledge of Life in UK test). With this visa your wife will be entitled to apply for ILR as soon as she passes the KOL test, which could be the day after your arrival. She can obtain the relevant books online and start studying now.

BostonBrit Expat Since 03

I have a quick question, If my wife gets the indefinate leave to enter VISA, how long is that valid for to make the final move to the UK?, would that be two years also or 90 days?

Sorry for hijacking the thread....could be helpful for you also

thanks, BIB

john5655

Hi BostonBrit

my wife applied for UK settlement in June this year after taking the Knowledge of Life in UK test whilst we were on a visit to UK the month before (it can only be taken in UK). She was issued with ILE, valid forever, but limited to the life of her passport which is currently just under ten years because she renewed her passport just before applying (but of course it is necessary to comply with residency in UK requirements for the ILE visa to be continuously valid, but the visa can be transferred to a new passport if necessary). But why worry, because after three years she can apply for naturalisation and a UK passport.

HighTide

Hi John.....thank you so much for the information. It was very informative. I am not married but have been with my partner for 18 years. Unfortunately I believe that they will not issue ILR unless you have already taken the Life in the UK test. As this test can only be taken in the UK and that the visa we have applied for will be dated Dec 1st. it would mean traveling over either prior to Dec 1st. to take the test or from your answer you seem to think it would be alright to arrive as a visitor even though he will have the Settlement visa stamped in his passport. Something to think about.

Today we completed the Biometrics and sent of application to Ottawa so now the waiting begins.
Thank you again for your help.
David

HighTide

That was a good plan to take the test whilst there on a visit. Wish we had known last year and we could have done the same.

john5655

HT

happy to help, and sorry, yes, wife is the same thing as a partner

but having already submitted your application, taking the KOL test afterwards will not be taken into consideration, you'll have to live with the fact that your partner will have to make a fresh application for ILR once the test is passed

btw, you seem to have a solid case, so expect the case to be finalised very quickly, my wife's case was processed within three working days after the biometrics stage

just to add, after rereading my earlier post, once ILE or ILR is granted, the visa holder maintains this status indefinitely but only if they do not leave UK for longer than two years (but even then I believe exceptions can be made)