Moving back to UK Canadian Spouse and Kids immigration
 

I am moving back after 10 years. Spouse and kids can travel back on Canadian passports but will have to declare the intesnion to live in UK and since they will not be legit 'vistiors' I am afraid they'll be sent back to Canada. Hence, I am looking into getting them immigration or start the process so we can say that we are in the process and will go back in 6 months if immigration status is not resolved by then.

So with that, can anyone point me in the right direction as to whata steps can I take the start the process for spouse and kids? Am I reading it wrong that I can apply for immigration and with Super Priority (for a fee) the applicaton can be processed in 24 hours? Sounds too good to be true, what am I missing?

What would be their initial status if they get the immigration? Indefinite Leave to Enter?

Any help and pointers will be truly appreciated.

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Hi, welcome to BE.

Presumably your kids are British citizens? So you’ll just need to get their passports.

For your wife’s visa, start here - https://britishexpats.com/wiki/Spouse_Immigration-UK_

HTH and good luck.

Re: Moving back to UK Canadian Spouse and Kids immigration
 

If you were born in the UK and you are your children’s natural father then they will be British citizens by descent. You need only obtain their British passports.

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

I assume your wife is Canadian born. Were either of her parents or any of her grandparents born anywhere other than Canada?

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Thank you for the quick responses and moving this post to the proper forum. Btw, I am the wife and husband is the Canadian. So kids part is straight forward e.g. just a matter of getting the passport. We are moving back at least for couple of years while my husband goes to University there and while we decide if we want to live in UK.

I have reviewed the wiki page. I have two specific questions.

1: Does Super Priority processing apply to spousal immigration as in this case?

2: is Initial Entry Clearance has any other restrictions beyond it being time bound by 2.5 years in terms of work study etc.?

3: How’d UK universities treat my Husband for the purpose of fee status e.g. an International student or UK student.

With regards to question 3 above, as it relates to studying in UK, .from what I have read, Indefinite Leave to Remain is treated as UK Student but I am not quite sure Limited Leave to Remain or Initial Entry clearance. I want to ask this from admission advisors in University but I want to make sure I am using the proper status. So question is what is the “official” description of Initial Entry clearance and Limited leave to Remain status?

Thank you

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Apologies for the error. Before we move onto spouse visas, could you confirm whether your husband’s parents and grandparents were all born in Canada or not and also your husband’s age.

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Oh no appologies necessary, I was using gender neutral terms out of habit.

My husband is 44 going 45 in few months. My husband doesnt have British ancestory.

Re: Moving back to UK Canadian Spouse and Kids immigration
 

If wife and children have British passports, why does not Canadian husband just get student visa, if they are not sure they want to remain in the UK after the studies?

https://www.gov.uk/student-visa

they can always switch to a spouse visa afterwards if they decide to remain..... a student visa is a heck of a lot cheaper than going full pelt for the spouse visa

.... or am I missing something here?

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Thank you.

1. There is no Super Priority service for spouse visas; there is a Settlement Priority service but you don’t get a decision in 24 hours.

2. No restrictions.

3. He’ll pay international fees.

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Yes, motiviation is to get him on path to become UK citizen eventually as we'll be there for next 3-5 years if not more. It will also be much more preferable to get UK student treatment vs. International Student for the purpose of student fee status. The reason to enquire about the priority service is that aa student's fee status is determined by their status in UK on 1st day of his school year hence the urgency.

School year starts in September 2021 which gives us some time to apply for immigration.

I am reading the regulations here (will post link later.. site wont allow me to post links until 5 posts.) but its hard to decipher to be honest. It appeaars to me thata husband by virtue of being a spouse of a UK national should get local fee treatment not international but I am not sure.

Re: Moving back to UK Canadian Spouse and Kids immigration
 

That would be the case if you had been living together in the UK or the EU/EEA/Switzerland for three years prior but not Canada.

Re: Moving back to UK Canadian Spouse and Kids immigration
 

He's not going to become a UK citizen until he has lived in UK (on a spouse visa if that is what you are aiming for) for 5 years. He is going to be classed as an International student until that time, and will pay International Student fees (unless you can do a deal with a college).
On the first day of school in September 2021 he is going to be an International student ..

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Thank you. I will continue to do some more research at least on the immigration process. Will do some research on Settlement Priority and how that works.

This link was very useful in determining the fee status Ok still cant post links so will have to do that later. It is UKCISA dot org site. I have changed all dots with underscore in case I forget..
link: www_ukcisa_org_uk/Information--Advice/Fees-and-Money/England-fee-status

Re: Moving back to UK Canadian Spouse and Kids immigration
 

Yep, that link is good. As it says, unfortunately even if he were a British citizen he’d be paying international tuition fees. We were due to be moving to the US this summer with a 16 year old and she would have returned for uni so we were facing the same thing - I feel your pain! :lol:

Re: Moving back to UK Canadian Spouse and Kids immigration
 

I presume you have a job lined up before you move back? Good luck with your journey. Its not easy moving with children. What age are they and what area of the UK are you moving back to? Can I ask why your husband wants to study in the UK rather than Canada?