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Old Nov 14th 2003 | 3:15 am
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Red face Help!!

Hi!

I am american, but my partner is from the UK. We are living in Scotland at the moment.

Living in the USA is not an option for us at this time (my partner over stayed a tourist visa a couple years ago), and we are having immigration problems from hell over here in the UK. To make a really really long story short, we hired a bad lawyer who mis advised us. He made a huge mess of our case. Because of this, the Home Office has not looked favorably on my case so far, and I am currently under appeal. (I have even gotten my MP involved...I also complained about this asshole lawyer to the Home Office, who in turn investigated and found him in breech of code of conduct on 2 accounts)

We are seriously thinking of immigrating to Canada because of the trouble we are having here. We both wish to settle permantly in North America anyways.

We are common law husband and wife, as we have been together almost 5 years, and have been living together about 2.5 of those years. Marriage will come eventually, but not any time in the next year or so. I know it would make our situation a whole lot easier but we want to do it when the time is right, not simply to expedite certain government decisions.

My partner makes the 67 point cut off for the skilled workers visa....I am curious about how long the current waiting time if for that...anyone know?

When we file together and he gets approved, do I automatically get a work visa approved since I am his common law wife??

If I lose my appeal here in the UK, do you think Canada will look favorably upon the nature of our situation as I can't live in his country, and he can't live in mine?? Where the hell are we supposed to live? ::sigh::

last but not least...

Does anyone know of a good canadian immigration consultants in the UK (preferably scotland) that I could talk to?


I would really appreciate it if anyone could answer any of my questions.

Thank you
 
Old Nov 14th 2003 | 3:24 am
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Try http://www.tcirc.ca/ It has loads of info. My understanding is that a common law marriage isn't recognised for the purposes of immigration so you would have to apply indivually.

The immigration section on this site will have people who know the answers to that one.

How long did he overstay in the US? It's not always a total bar to getting in.
 
Old Nov 14th 2003 | 3:28 am
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How long did he overstay in the US? It's not always a total bar to getting in.
oooh by about a year...he is banned for about 7 more years I think. (He went out and tried to re enter and they gave him the boot at the airport)

The only way he is getting back in is when we get married (eventually)...this is according to my lawyer in the USA.

thanks for the link!!
 
Old Nov 14th 2003 | 3:41 am
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Good luck with it. I'm going through the K1 thing at the moment and I have a friend who's doing K3 after a long overstay and it seems hopeful.

Canada is a lot more relaxed about common law marriages and life in general. I have a friend who's having a same sex wedding there.
 
Old Nov 14th 2003 | 5:32 am
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Hey - I looked at your house for sale. It looks gorgeous! Why are you moving?
 
Old Nov 14th 2003 | 5:41 am
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Originally posted by lizwil98
Hey - I looked at your house for sale. It looks gorgeous! Why are you moving?
Thanks Liz. I was moving to Canada as I'm bored out of my mind in Spain. I worked in TV in England and really miss it. Canada is great for that industry.

But now I'm marrying my American boyfriend and moving there instead. oh I mean
 
Old Nov 14th 2003 | 5:44 am
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It just looks so lovely and warm there!!!

I guess I know what you mean - years ago we went on a Mediterranean cruise - stopped at various Greek islands. I thought it looked like paradise and who would ever want to leave. But someone wiser told me - there is nothing to do there - no jobs -- nothing. That is why all the Greeks have left!!
 
Old Nov 14th 2003 | 5:50 am
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Originally posted by lizwil98
It just looks so lovely and warm there!!!
Summer is hell here. It was 45C this summer. I never ever want to be that hot again. :no:

I've learnt the hard way that life needs a bit of substance to it, and that sun, booze and beaches aren't all they're cracked up to be.
 
Old Nov 14th 2003 | 7:52 am
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Originally posted by sibsie
Try http://www.tcirc.ca/ It has loads of info. My understanding is that a common law marriage isn't recognised for the purposes of immigration so you would have to apply indivually.
In what way do you mean? - My boyfriend (who I usually refer to as my husband) and I have been co-habiting since 1996 and we are in the process of filling in forms to emmigrate to Calgary - I don't have to apply separately - there is the choice to select common-law in all the documents that need to ascertain your relationship with the principle applicant that I have seen.

C
 
Old Nov 14th 2003 | 8:27 am
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Originally posted by samsx2ht
In what way do you mean? - My boyfriend (who I usually refer to as my husband) and I have been co-habiting since 1996 and we are in the process of filling in forms to emmigrate to Calgary - I don't have to apply separately - there is the choice to select common-law in all the documents that need to ascertain your relationship with the principle applicant that I have seen.

C
I stand corrected Sam. I thought one of you already had to have PR status but I must have read it wrong.

Best of luck with your application.
 
Old Nov 14th 2003 | 2:34 pm
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Originally posted by MeowMeowMeow

When we file together and he gets approved, do I automatically get a work visa approved since I am his common law wife??
Hiya - I'm so sorry to hear of your predicaments. The average Brit has free movement anywhere in Europe but as an American you'll probably not have right of access like your partner would in Europe (otherwise you could have bought Sisbie's house ) The answer to the question on whether you can work - if it's a permanent residency you're applying for (which includes skilled worker) then the PR is granted to all family members and therefore you will be free to work, no problems there. Although it looks like you can apply as co-habitees it'll get confusing which office to apply through. Usually it's the office of the country you currently reside (being Britain now) but if you're deported then not sure how that would affect the application as you would no longer be resident in the country of application. It'll be a challenge I think! Timewise I think it's anything from 9 to 18 months waiting time.

Hope it was sort of helpful!
 
Old Nov 14th 2003 | 2:49 pm
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Originally posted by samsx2ht
In what way do you mean? - My boyfriend (who I usually refer to as my husband) and I have been co-habiting since 1996 and we are in the process of filling in forms to emmigrate to Calgary - I don't have to apply separately - there is the choice to select common-law in all the documents that need to ascertain your relationship with the principle applicant that I have seen.

C
Hiya - I found this at http://www.cic.gc.ca/english/pub/you...ection-09.html which states:

Can I include my family members on my application?

You may include your family members on your application for permanent residence. Your family members are your spouse, common-law partner and dependent children, and your spouse's or common-law partner's dependent children. You must list all your family members, whether or not they plan to immigrate to Canada at this time. Family members must meet the same visa requirements as you, including medical and background checks. If they do not undergo medical and background checks, you may not be able to sponsor them in the future.
 
Old Nov 14th 2003 | 8:21 pm
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Have you investigated getting an Irish passport? If you have Irish ancestry it is much much easier than getting into UK.
And the Irish passport gives you full rights of residency anywhere in the EU.
The irish government are actively encouraging immigration even for those who have no Irish ancestry (you should see the lineup of Nigerians at the irish Embassy in London) as Ireland needs workers - too many Irish people have gone to the US or Europe in the last few years so there is a skills and labour shortage.
This is a perfectly valid and workable backdoor route to living in the UK - and you might even find you like Ireland.
 
Old Nov 15th 2003 | 1:04 am
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Originally posted by JeanDupont
Have you investigated getting an Irish passport? If you have Irish ancestry it is much much easier than getting into UK.

No irish ancestry in me unfortunately Although the future in-laws hail from Donegal.

and you might even find you like Ireland.
Been there twice, lovely people! Unfortunately, not an option for us either right now
 
Old Nov 15th 2003 | 1:05 am
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thanks to all who replied to this thread so far, you have been very helpful
 

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