Messy situation and desperate to come back to UK

Old Feb 1st 2016, 3:11 pm
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Question Messy situation and desperate to come back to UK

My wife, Janelle, is Canadian citizen and I am British citizen with a permanent residence visa to reside in Canada. We currently live in Canada but are looking to re-locate back to England.
We were married in 2011 and have been together since 2005.
We have a two year old daughter, Mason, who was born in England and holds a British passport.
We have recently just found out that we a going to be having our second child that is due on May 15th 2016.


From what we understand my wife would need to complete the 'apply to join family living in the U.K, accompanied by the financial requirement form.' But this I am not certain on as I the British citizen currently reside in Canada.

Another of our biggest questions is the financial requirement document. Is the financial requirements based on myself the British citizen or is it based on my wife the Canadian citizen? Or both?
Also who does our daughter fall under for the increased threshold requirement? Is it myself because she was born in England and is a British citizen?

Another big hurdle for us is that I am currently off work being paid by my private benefits as I obtained a knee injury and am waiting for surgery. Will they consider the salary I was on before the injury as I will be able to return to the same line of work after my surgery is complete? Or is there any exceptions for disability within the financial requirements?

As I'm sure most immigration cases are, we are not quite a straight forward application. We thank you in advance for your time and any guidance you can provide us with.

Warmest regards

Nick Chapman
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Old Feb 1st 2016, 3:45 pm
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Default Re: Messy situation and desperate to come back to UK

We answered most of your questions when you posted regarding your situation last June. Take a look at your earlier posts.

To recap:

1. It's your income which counts towards the financial requirements, not your wife's

2. We did not think your insurance payments would suffice for the financial requirements as these would cease once you operation was carried out. You have been off work since January 2015. Salary before you left work will not be taken into account.

3. Yes, its the "apply to join family" form.. Bad wording but you, as the Brit, are considered settled as soon as you set foot in the UK.

In this post you say your wife is Canadian, but then later on you say she is British. Which is it? In your posting last June we concluded she had no British ancestry.

Last edited by SanDiegogirl; Feb 1st 2016 at 3:48 pm.
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Old Feb 1st 2016, 4:00 pm
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Default Re: Messy situation and desperate to come back to UK

hi and thank you for your prompt response.

Just to clarify my wife is a Canadian citizen.
My insurance of $2500 a month carries on until I return to work.
Yes she has no british ancestry thats right.

A few more questions as I look over the visa application...

Who is the partner and who is the applicant?

Would we have to apply for an unborn child? Due may 2016?
Does the financials have to include my daughter who is a births citizen already?

Thanks

Nick
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Old Feb 1st 2016, 4:11 pm
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Default Re: Messy situation and desperate to come back to UK

You need a job that pays you £18,600. Or savings of £62,000. Children with British passports can enter without the financial hurdles, which only apply to your partner.
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Old Feb 1st 2016, 4:12 pm
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Default Re: Messy situation and desperate to come back to UK

Originally Posted by Chapponick
A few more questions as I look over the visa application...

Who is the partner and who is the applicant?
Your wife is the applicant for the visa. If they are asking about the applicant's partner (the sponsor) then that is you.

Originally Posted by Chapponick
Would we have to apply for an unborn child? Due may 2016?
Not for an unborn child, but how will your wife get a spouse visa by next month (time due to pregnancy and flying regulations) if you can't sponsor her?

Originally Posted by Chapponick
Does the financials have to include my daughter who is a births citizen already?
No. Have you got her British passport yet?

Last edited by formula; Feb 1st 2016 at 4:18 pm.
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Old Feb 1st 2016, 4:21 pm
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Default Re: Messy situation and desperate to come back to UK

Originally Posted by scot47
You need a job that pays you £18,600.
And will need to be earning that for 6 months in the UK before your wife can apply to join you, because you haven't been working in the last 12 months. Or as Scot said, savings to show you can afford to sponsor her.

Last edited by formula; Feb 1st 2016 at 4:24 pm.
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Old Feb 1st 2016, 4:22 pm
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Default Re: Messy situation and desperate to come back to UK

hi formula

we are currently residing in canada and was hoping to get the visa in line before the birth of our next child?
my 1st born child is a british passport holder.

how do you prove finances, do i print off bank statement from previous 6 months?

Also confused on the financial requirement document appendix 3.1.1 that states 'the applicant must meet:'
'the level of the financial requirements applicable to their application'

Does this mean we both need to meet the threshold?

Thanks
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Old Feb 1st 2016, 4:23 pm
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Default Re: Messy situation and desperate to come back to UK

Originally Posted by formula
And will need to be earning that for 6 months in the UK before your wife can apply to join you, because you haven't been working in the last 12 months. Or as scot said, savings.
im in canada not the UK
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Old Feb 1st 2016, 4:33 pm
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Default Re: Messy situation and desperate to come back to UK

Originally Posted by Chapponick
im in canada not the UK
I know, but I wasn't clear. You would need to be in the UK, working for 6 months making 18.6 pa, to be able to sponsor your wife because you haven't worked in the past 12 months.

After a year you must be near the top of the waiting list for your knee operation? If you need that operation to work again then perhaps being in Cananda might be the quicker option? In England you will go at the bottom of the NHS waiting list and that long wait would start again for the operation and then another 6 months of working after that to be able to sponsor your wife.

Last edited by formula; Feb 1st 2016 at 4:38 pm.
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Old Feb 1st 2016, 4:43 pm
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Default Re: Messy situation and desperate to come back to UK

what about adequate maintenance appendix 3.6 that states if on disability living allowance you di not have to meet the financial threshold. Does my disability allowance here not count?
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Old Feb 1st 2016, 4:44 pm
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Default Re: Messy situation and desperate to come back to UK

And can i not sponsor my wife from outside the country?
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Old Feb 1st 2016, 4:45 pm
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Default Re: Messy situation and desperate to come back to UK

my surgery is next month march 2nd
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Old Feb 1st 2016, 4:49 pm
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Default Re: Messy situation and desperate to come back to UK

Originally Posted by Chapponick
what about adequate maintenance appendix 3.6 that states if on disability living allowance you di not have to meet the financial threshold. Does my disability allowance here not count?
DLA is a UK benefit and you would have to be back in the UK for 2 years before you could claim that.
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Old Feb 1st 2016, 5:12 pm
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Default Re: Messy situation and desperate to come back to UK

I just don't understand if every month I earn $2500 from insurance and i receive wages of $1500 for estimating that i do for a building company and it all goes into my account that i can't apply in some way or another.
So if i sent all this information in I would just be refused?
my insurance is a private insurance not state.
could i not just highlight this on my bank statements?

so frustrating.
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Old Feb 1st 2016, 5:28 pm
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Default Re: Messy situation and desperate to come back to UK

Originally Posted by Chapponick
My wife, Janelle, is Canadian citizen and I am British citizen with a permanent residence visa to reside in Canada. We currently live in Canada but are looking to re-locate back to England.
We were married in 2011 and have been together since 2005.
We have a two year old daughter, Mason, who was born in England and holds a British passport.
We have recently just found out that we a going to be having our second child that is due on May 15th 2016.
Two more points -

If you are a British Citizen otherwise than by descent, then your child born in Canada would automatically becomes a British Citizen.

https://www.gov.uk/government/public...y-instructions

You should consider taking up Canadian Citizenship - just in case the move to the UK does not work out and your family wants to return to Canada.
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