Chapponick

if i were to come back to the UK and start employment i would need to work for 6 months before applying right? Can my wife come for those six months and obviously not work?
can she apply from the UK or does she come back here (canada) to apply and what is the fastest she could get the visa within canada?
This could be an option but would be hard if its a long wait as we would split our family up!

Chapponick

looking at the financial requirement table i can combine salaried and non employment together and under non employment 6.1.1 it says ongoing insurance payments is accepted!
As you can see I'm pretty desperate here, any views on this?

SanDiegogirl

Perhaps you had better provide details of what it is you receive in the way of combined salary and non employment income, since you have not worked since Jan 2015 and you are on sickness benefit.

Note that income used for the financial requirements MUST be that which is continuing indefinitely in the UK, so unless this applies to your current income and sickness benefit it cannot be included.

BritInParis

Providing you were born in the UK then any child of yours, whether born in the UK or Canada, will be a British citizen and therefore will not be included in the financial requirements. You only need ensure they have a valid British passport before returning to the UK.

I would agree with HKG3 that you should lodge an application for Canadian citizenship if you are eligible to leave that door open should you need to return to Canada.

Two questions:- if your daughter was born in the UK two years ago, what visa did your wife hold at that time? Also, if your wife doesn't have any recent British ancestry, does she have any other recent European ancestry, parents, grandparents or great-grandparents?

SanDiegogirl

In the first bout of questions in June 2015 we determined his wife entered on a spouse visa valid until March 2014 but they left for Canada in 2013.

Chapponick

thank you for all of your responses.

So the new addition on the way do we just get a british passport for them in Canada?
I earn $1500 through part time light work a month and get $2500 through a private insurance that i took out through the company that i am still employed through and will continue to work for after my surgery!
my wife had a student visa then a spousal visa but we didn't extend it!

BritInParis

https://www.gov.uk/overseas-passports

spouse of scouse

I think your income question's been answered already by SanDiegoGirl - Note that income used for the financial requirements MUST be that which is continuing indefinitely in the UK, so unless this applies to your current income and sickness benefit it cannot be included.

Your private insurance payments are not indefinite, so I doubt if they can be included. Wishing you the best of luck though, there are many, many people who can't return home with their foreign spouse/partner due to being unable to meet the financial requirements.

Chapponick

they will continue until i return to work!

where does it say these included as i have read a lot today from the website.
what about if we go to the UK and i work for 6 months there? can my wife come?

SanDiegogirl

If you go to the UK, find a job earning 18,600 GBP per annum, after 6 months you can apply for a visa for your wife.

Your wife could visit you during this time, but must return to Canada to apply for the visa. With two young children I think this is very difficult from a practical view point, not to mention that she would need to prove very strong ties to Canada to show she would return to apply.

With regard the income requirements, the authorities are looking for ongoing income to support you in the UK - hence any income which you receive in Canada and which will cease when you return to the UK, will not be acceptable.

It is up to you to prove you have ongoing income to support your wife. if you think your sickness benefits will continue then you have to have documentation to prove this. However as per your earlier postings 2,500 Canadian dollars is only 1,200 British pounds, so this will not make up to 18,600 GBP per annum - which is the minimum required to meet the financial requirements.

ldollard

I cannot believe how horrendous the exchange rate is for Canada, thought the USA was bad.

In addition to what SanDiegoGirl said, you will find it extremely difficult to prove ANY income in Canada is ongoing. Unless your unemployment contract stated a specific end date or that you can claim it outside of Canada it'll never be excepted as it'll be assumed it terminates when you leave Canada.

Any work you do part time, which i imagine requires you to be physically present at work can also not be counted on.

And even if your company allowed you to work from home, you have to have your company provide you with a letter with company letterhead stating you have this particular job with this particular salary of around $37k canadian dollars.

Everything you think is bullshit about the UK immigration system is true.

Your wife will absolutely be denied entry to even stay with you, this is literally a 100% fact. She is Canadian, her husband is going back to apply for her to immigrate, she doesn't work and lastly her biggest sin. She is pregnant. If you think that sounds cold, well welcome to UK immigration, they will see all that evidence and assume, she wants the baby on the NHS, which legally she cant. That she is arriving to stay and never leave.

You're only hope is 1 of 4 choices as outlined below.

1) Line up a job in the UK from Canada BEFORE you leave (only you), that when you arrive in the UK you begin the 6 months period immediately.

2) Start a job you can work from home or anywhere in the world, you do not need it to be based in the UK, you'll need to do this job for 1 yr, it needs to continually and demonstratively show you making $37k a yr, you then need to apply for a UK tax ID to transfer this company to the UK. (this is all super unlikely and you'll need a lawyer to file this for you). Before anyone argues this, this was presented by my lawyer to the immigration MP in 2013 and privately agreed to be an acceptable way in. I can get more details if required, along with my lawyer who frequently talks in parliament on these issues.

3) Go back the UK get a job, start the 6 month process, then your wife can join.

Out of those options, number 1 is the best, number 3 the most likeliest. And number 2 the hardest.

Just forget the whole wife joining you, it'll never happen, so you'll need to plan on her living with parents or something.

4) The last plan and one that will keep you guys together is the Surinder Singh route.

This means you can go to another EU country, say like Rep. of Ireland, you and your family can move there TODAY, shes Canadian so does not need a visa to enter the country. You can find a job without any restrictions, as your kids are British they can be enrolled in school immediately and you can a job right away. Your wife can apply for a residence card as soon as you start working. Realistically after 6 months you can move to the UK with zero restrictions.
https://www.gov.uk/family-permit/surinder-singh

See this http://www.citizensinformation.ie/en...nationals.html When you register with the GNIB or your local registration office the Certificate of Registration that you receive will be a residence card with the wording 4 EU FAM (that is, the residence card of a family member of an EU citizen). As a holder of this card 4 EU FAM, you will be visa-exempt even if you are a visa-required national and you do not need an employment permit or business permission.

The 4th option I'd say is your best bet, its likely you can continue your benefits for a couple of months, be able to save enough for a deposit and if you dont need to move loads of stuff, you could realistically just move as you would like you where to another town.

Yes this post sounds depressing and totally negative, but its the reality that UK immigration has placed upon British families.

Chapponick

But even if i was still able to work in my full time position where i earn $70k that would mean when i left Canada for england I would lose that wage obviously so like my private insurance obviously I will lose this when I leave canada!

Chapponick

6.1.1 in Appendix FM section 1.7 states ongoing insurance payments will count towards non employment income. where in the terms section of this does it state that this needs to continue in the UK? It just states 12 months after the date you apply?

I HATE IMMIGRATION!!!

SanDiegogirl

What we mean by "in the UK" is you must be able to have access to the funds in the UK. So, if the payments are going to continue, even if you are going to be in the UK, and even if paid in Canada, but you have full access to them, then yes, you can include them. You also must have been receiving them for 12 months prior to the application.

You have to have documentation from the insurance company that, even though you have left Canada and returned to the UK, you will receive the payments.

Even then they will NOT be enough for the financial requirements.

Chapponick

Even if i had a job offer in the UK for over 25,000GBP. We don't plan on moving to the Uk until i am fit and able to work. In the meantime i get $2500k a month from insurance and $1500 a month to top up my earnings that i was previously on by doing estimating and consulting.
The appendix FM is frustrating as it doesn't make that clear.