josephforbes

Hi I`m British by birth and have to Children who are British by descent. I have a job offer (30K): Could I return to the UK get a place to stay. Then after a couple of weeks my wife join me on her Canadian passport, with my children on their British, or Canadian passports, and then apply for a "family of a settled person visa" from inside the UK? As far as I can see it looks like it works.

I spoke to an immigration specialist who told me they can't lock your wife up due to Human rights norms because she will have the children to take care of, but the adviser said I should not do this route; however, I don't know whether to trust him because obviously he wants to sell me his services.

Any takers! To me it looks like it works, anybody tried this?

At least this way all criterion are covered, lodging (will have a fixed address that I will be renting) Salary, and will not have to depend on my family to write statements (which could be a pain in the neck), so forth.. . .

I'm open, do your worst!

ncoomber

Hey Jo,
As far as I know you can only apply for the spouse visa from your country of residence which I assume is Canada. You can not apply from within the UK.

Also have a browse around other threads on here as it seems to be ill advised to travel to the UK as a visitor if the intent is to stay (which it is). Your wife could end up being locked up and deported. Read some of the horror stories on here too: http://britcits.blogspot.com/ (there was a story recently about a Canadian lady who spent two or three nights locked up) (I cant find it right now but it is on there somewhere).

Cheers
Nigel

josephforbes

You need a ‘family of a settled person’ visa if you want to stay (‘remain’) with a family member or partner who’s living in the UK permanently and you’re:

already in the UK
from outside the European Economic Area (EEA) and Switzerland
You can apply if you’re eligible and you need to:

extend your existing ‘family of a settled person’ visa
switch to a ‘family of a settled person’ visa
Your family member or partner can:

be a British citizen
have settled in the UK
be your partner who has asylum or humanitarian protection in the UK
You may also be able to apply to remain with your child if they have lived in the UK for at least 7 years.

josephforbes

Heres the link https://www.gov.uk/check-uk-visa/y/canada/family

SanDiegogirl

You need to read the following document carefully to see how you qualify under the financial requirements:

https://www.gov.uk/government/upload...e_20140324.pdf

Presuming you are currently working and earning over 18,600 GBP AND your new job starts within 3 months of returning to the UK( and pays 18,600 GBP or more), then you can apply for a spouse visa immediately and when it is issued you travel over with your family.

If you DO NOT have a current job earning the equivalent of 18,600 GBP then the document details how you can qualify if you have savings etc to make up the shortfall. If you are not working, having no savings etc then your only route is to take the job, work 6 months and then apply for the spouse visa. Your wife could visit you during this period.

You CANNOT apply for a spouse visa from within the UK - don't think that Human rights laws will help you achieve this. You need to get the spouse visa before your wife enters the UK.

SanDiegogirl

It is bad wording and if you read further into that document it states:

You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:

as a visitor
for less than 6 months – unless you got your visa to get married or become civil partners or you got your visa to wait for the outcome of a family court or divorce
on temporary admission or release (you don’t have a visa) – unless you apply in a 10-year route


Your wife will enter the UK as a visitor and therefore cannot switch to any other visa - ever........

the phrase "if you are already in the UK" refers to those who are other visas of over 6 months duration and therefore MAY be eligible to switch to spouse visa.

SanDiegogirl

Have you looked at the Ancestry visa? Does your wife has British ancestors?

She would however have to be able to and want to WORK on this visa, but if applicable it could lead to residency.

BritInParis

As others have already said your wife cannot change her immigration status in the UK if she enters as a visitor.

If you have a job offer earning £30k a year and you have been earning the CAD$ equivalent or more of £18,600 for the last six months, why don't you just apply for your wife's partner visa now and all go together to the UK as a family?

I don't see the logic in your current thinking.

ncoomber

..and back to your original post (as I understand it - correct me if I'm wrong someone).....your children should enter the UK on their Brit passorts otherwise they will be visitors and not eligible for NHS, schooling etc

josephforbes

Thanks guys!

The reason why I would do it another way is that the company wants me to start sooner rather than later and I'm not sure how long it would take to get the visa, once the application is in?

I would prefer to go as a family for sure.. . . So I guess that's what i'll have to do and just wait till the visa is ready, if the company doesn't mind waiting.

No she's french Canadian, but I could get my Italian citizenship from my grandmother and my wife would automatically receive it because we have been married for more than three years. That however would probably take longer than getting the Visa.

BritInParis

It will take around two weeks for the visa to be issued but an Italian passport would be easier and an awful lot cheaper in the long run if that's a possibility for you.

josephforbes

Two weeks, really? Its says twelve on the site, but I guess they are just covering themselves. Well the Italian is really a long shot, from what I have read I'm entitled to it and so is my wife, but Its more of a joke than anything else. Why would it be easier, is it that difficult to get one?

SanDiegogirl

Have read that some are taking up to 12 weeks; others 6 to 8 weeks.

Pay for priority service and it can be done in under three weeks.

ncoomber

My application for my wifes settlement visa was done online on 2nd April - I payed an extra $510 for priority service (on top of the almost $1500 visa fee) and still not heard anything from them yet!

Also you would need to have some sort of accommodation arranged before applying.

I think in reality by the time you have everything in order and the application time you will be looking at closer to two months rather than two weeks.

They don't make it easy and I fully understand you not wanting to split up your family (I said we wouldn't do it if it meant splitting us up). But if you have a job to go to that's also a huge weight of your shoulder (I will have to find one once I get back to the UK). But I wouldn't advice trying to get around the rules. You could end up in a worse situation.

Good luck
Cheers
Nigel

BritInParis

http://www.ukba.homeoffice.gov.uk/vi...cessing-times/

The processing times are based on January's performance for applications lodged in Canada.

It's not difficult per se as long as you meet the requirements but it's an expensive and protracted process that'll will take at least five years before your wife will became eligible for a British passport. An Italian passport will allow her to live and work in the UK immediately without restriction as an EU citizen.