fridgedesign

Hi,

I know this is a Canadian Immigration section but I couldn't find where to post and I guessed people in the forum would still know the answers.

I'm from the UK and my wife is Canadian. We got married in May and I'm about to get my Canadian Spouse VISA. We're living in Toronto at the moment but in the future we possibly plan to head back to Europe.

If we plan to head back to the UK/EU in a few years, can she apply for a UK/EU VISA now?

Anything else I need to know??

Former Lancastrian

Have you checked the UKBA website for answers?
http://www.ukba.homeoffice.gov.uk/

fridgedesign

I looked there.

It just gives you information if your wife/husband already lives in the UK. Basically how to keep her/him there longer.

We wish to move there in a few years, so want to be ready, rather than decide to go and be delayed by the VISA office as it take them ages to issue VISAs...

Former Lancastrian

Did you click on the Visas and Immigration link (left side top) then click on partners and families link then on the family members of British citizens or oh stuff it just go to this page

http://www.ukba.homeoffice.gov.uk/vi...ly-outside-uk/

fridgedesign

Under the section 'Can You Apply?' it says

'you and your partner intend to live together permanently in the UK'

We're not 100% yet, but its a huge possibility that it will be the UK or Europe...

As a Canadian she needs a UK/EU passport to work or even be considered for work interviews.

Do you think she can still apply even though we're not 100% sure will actually move to the UK?

Former Lancastrian

Visas are not normally issued to persons who MAY move. They are usually issued to people who ARE moving though once visa is issued a person can change their mind and not go. Visas usually have a limited time frame.
IMHO pointless applying for one and especially if there is a fee involved and not knowing if or when you will go.

fridgedesign

The thing is, if we decide to go in 2 years time and we start just before we go. The process can take ages - i waited 2.5years for a Canadian one, only to be turned down, then we got married (planned before the refusal) and then had to wait 8-10 months!

How can you plan your future when VISAs are needed!

newstart187

A passport won't come until you have lived in the UK for 5 years.

We only did a number of visas while in the UK but they were all very quick and I believe we paid extra for same day turnaround at Croydon. It was someime ago so this may not be 100% correct but it's limited leave to remain (no benefits but NHS and can work) for 2 years then unlimited leave to remain (everything but can be revoked if you move abroad for x period of time). After 5 years you can apply for citizenship if married to a Brit.

They are not cheap compared to Canada PR but they're a lot quicker and a lot less forms. Iirc a lot less evidence too. I'm fairly sure there was no letters, photos etc and only about 5 proofs of documents over the 5 years or so. We're looking at submitting 100s to CIC. Which is fine as since going through the UK immigration route we keep all paperwork.

There are questions on time spent out of the UK so if you get the permit and don't stay here it may not bode well for future ones

Pollyana

I'll move the thread to the Moving Back to the UK forum - there are some good threads in there on this subject

SanDiegogirl

If you are not planning to move to the UK for a few years, don't apply for the visa now.

The dates of issue on the visa, has a relevance to when the applicant can then apply for Further leave to remain (ie get permanent residency).

Currently, visa are only taking about 3 months to issue, so apply for yours when you know you are going to move.

BritInParis

She can apply now, but it would be a waste of time and money since it would only be valid for entry into the UK in the three months following its issue. If and when you decide to go back, then apply. The process only takes a few weeks. As you are married, she could apply for British citizenship within three years which would allow you both to live in Canada, the UK or anywhere else in the EU as you please.

SanDiegogirl

With the new rules since July 2012, applying for naturalisation is now 5 years.


For spouses of British citizens you only need to have ILR when you apply for citizenship and there is no need to have held it for 12 months. They also need only to have lawfully resided in the UK for three years. Of course, since the probationary period for spouses has been increased to five years this 3-year residence requirement has become largely academic. So, in the case of someone who came to the UK as a the spouse of a British citizen under the new rules with a 5-year probationary period they could apply for naturalisation on receiving ILR after five years in the UK.

BritInParis

Do you have a source for that? The UKBA website is still quoting three years.

http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/

BritInParis

Oh, okay, so you need to have five years now under a spousal visa before you can get ILR even through you only need three years residence in order to naturalise, but you need to have ILR before you apply. Sneaky. So that makes it the same as the ordinary residency route with a work visa. In fact, the only way you can do it in three years is for the British spouse to be serving overseas in Crown or designated service when you're not resident in the UK - oh the irony!

http://www.ukba.homeoffice.gov.uk/vi...can-you-apply/

fridgedesign

So another question.

If me and the wife apply for a Spouse VISA for the UK. Can she move to the UK for a year and then work in the EU on the VISA?

I'm guessing the Spouse VISA will be a work permit...