Moving back to the UK. FLR_M application for common law partner?
Dec 1st 2014, 2:11 pm
#1
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Joined: Dec 2014
Posts: 2
Moving back to the UK. FLR_M application for common law partner?
I'm hoping someone can give me some advice on a visa application for my Canadian partner.
Background.
I am a British National, and moved to Canada in 2009 for work (full time, salaried). In 2011 I met my partner, who is a Canadian citizen, and we have been living together in a common law relationship since 2012. We moved to the UK in September 2014 for my work (again full time, salaried). My partner entered the UK on a General Visitor Visa at the beginning of September, which is valid for six months from time of entry.
Clarification needed.
From the guidelines on the UK Boarder and Immigration website we got the impression that once in the UK, my partner could apply to remain in the UK with family (me), using the FLR_M application route.
However, I have just been informed over the phone by someone at the Home Office Croydon contact center, that a visitor visa cannot be switched to a leave to remain in the UK with family visa using the FLR_M route, and our application is unlikely to be approved. I was advised that my partner would have to leave the country, and reenter after having applied for a spousal visa.
I could not find any information indicating that the conditions of the visitor visa precluded switching/extending it via the FLR_M application.
Please could someone who has been in a similar situation let me know of their experience. And/or point me towards reputable immigration solicitors in the UK who could clarify the situation for me.
Thank you in advance,
Tim
Background.
I am a British National, and moved to Canada in 2009 for work (full time, salaried). In 2011 I met my partner, who is a Canadian citizen, and we have been living together in a common law relationship since 2012. We moved to the UK in September 2014 for my work (again full time, salaried). My partner entered the UK on a General Visitor Visa at the beginning of September, which is valid for six months from time of entry.
Clarification needed.
From the guidelines on the UK Boarder and Immigration website we got the impression that once in the UK, my partner could apply to remain in the UK with family (me), using the FLR_M application route.
However, I have just been informed over the phone by someone at the Home Office Croydon contact center, that a visitor visa cannot be switched to a leave to remain in the UK with family visa using the FLR_M route, and our application is unlikely to be approved. I was advised that my partner would have to leave the country, and reenter after having applied for a spousal visa.
I could not find any information indicating that the conditions of the visitor visa precluded switching/extending it via the FLR_M application.
Please could someone who has been in a similar situation let me know of their experience. And/or point me towards reputable immigration solicitors in the UK who could clarify the situation for me.
Thank you in advance,
Tim
Dec 1st 2014, 2:52 pm
#2
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Joined: Dec 2005
Posts: 88,023
Re: Moving back to the UK. FLR_M application for common law partner?
Hi Tim...welcome to BE.
I have moved your thread out of the General UK forum and into the UK Immigration forum. I'm sure someone will be along soon to answer your questions.
I have moved your thread out of the General UK forum and into the UK Immigration forum. I'm sure someone will be along soon to answer your questions.
Dec 1st 2014, 3:14 pm
#3
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Joined: Dec 2014
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Re: Moving back to the UK. FLR_M application for common law partner?
OK, great. Thank you.
Dec 1st 2014, 3:31 pm
#4
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Joined: Apr 2008
Posts: 2,294
Re: Moving back to the UK. FLR_M application for common law partner?
I'm hoping someone can give me some advice on a visa application for my Canadian partner.
Background.
I am a British National, and moved to Canada in 2009 for work (full time, salaried). In 2011 I met my partner, who is a Canadian citizen, and we have been living together in a common law relationship since 2012. We moved to the UK in September 2014 for my work (again full time, salaried). My partner entered the UK on a General Visitor Visa at the beginning of September, which is valid for six months from time of entry.
Clarification needed.
From the guidelines on the UK Boarder and Immigration website we got the impression that once in the UK, my partner could apply to remain in the UK with family (me), using the FLR_M application route.
However, I have just been informed over the phone by someone at the Home Office Croydon contact center, that a visitor visa cannot be switched to a leave to remain in the UK with family visa using the FLR_M route, and our application is unlikely to be approved. I was advised that my partner would have to leave the country, and reenter after having applied for a spousal visa.
I could not find any information indicating that the conditions of the visitor visa precluded switching/extending it via the FLR_M application.
Please could someone who has been in a similar situation let me know of their experience. And/or point me towards reputable immigration solicitors in the UK who could clarify the situation for me.
Thank you in advance,
Tim
Background.
I am a British National, and moved to Canada in 2009 for work (full time, salaried). In 2011 I met my partner, who is a Canadian citizen, and we have been living together in a common law relationship since 2012. We moved to the UK in September 2014 for my work (again full time, salaried). My partner entered the UK on a General Visitor Visa at the beginning of September, which is valid for six months from time of entry.
Clarification needed.
From the guidelines on the UK Boarder and Immigration website we got the impression that once in the UK, my partner could apply to remain in the UK with family (me), using the FLR_M application route.
However, I have just been informed over the phone by someone at the Home Office Croydon contact center, that a visitor visa cannot be switched to a leave to remain in the UK with family visa using the FLR_M route, and our application is unlikely to be approved. I was advised that my partner would have to leave the country, and reenter after having applied for a spousal visa.
I could not find any information indicating that the conditions of the visitor visa precluded switching/extending it via the FLR_M application.
Please could someone who has been in a similar situation let me know of their experience. And/or point me towards reputable immigration solicitors in the UK who could clarify the situation for me.
Thank you in advance,
Tim
From the UK government site for those wanting to stay in the UK with their partner (spouse visa) :-
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
And from a law firm
Visitors (although they might have a multiple entry visa valid for more than 6 months) are given leave to enter/remain in the UK for only 6 months and they cannot therefore switch into a spouse or civil partner visa whilst remaining in the UK.
http://www.lawfirmuk.net/switchingrules_e.html
Last edited by formula; Dec 1st 2014 at 3:57 pm.
Dec 1st 2014, 4:22 pm
#5
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Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Moving back to the UK. FLR_M application for common law partner?
One cannot switch to any other visa from a General Visitor visa. It allows for up to a 6 month visit and no more.
You need to apply for a settlement visa for your partner and she needs to be in Canada for this to be processed.
Start here:
https://www.gov.uk/join-family-in-uk
There are financial requirements YOU have to fulfill - basically earning 18,600 GBP per annum or with savings.
Read the following document for the financial requirements:
https://www.gov.uk/government/upload...equirement.pdf
You need to apply for a settlement visa for your partner and she needs to be in Canada for this to be processed.
Start here:
https://www.gov.uk/join-family-in-uk
There are financial requirements YOU have to fulfill - basically earning 18,600 GBP per annum or with savings.
Read the following document for the financial requirements:
https://www.gov.uk/government/upload...equirement.pdf
Last edited by SanDiegogirl; Dec 1st 2014 at 5:10 pm.
Dec 1st 2014, 5:43 pm
#6
Just Joined
Joined: Oct 2014
Posts: 6
Re: Moving back to the UK. FLR_M application for common law partner?
Hi, Tim,
I'm in a similar situation to you. I'm a UK-Canadian dual citizen with a Canadian wife and a dual citizen child, and all my relatives live in the UK, so I've always considered the possibility of moving my family there. The new financial requirements seem to be the biggest new limitation.
If you have a job making over the 18,600 limit, I suspect you should be able to get a spousal visa for your spouse, and the only difficulty will be the requirement to leave the UK while it's being processed.
If you haven't already seen it, here's the summary thread for spousal visa financial requirements:
http://britishexpats.com/forum/citiz...mation-830478/
I'm in a similar situation to you. I'm a UK-Canadian dual citizen with a Canadian wife and a dual citizen child, and all my relatives live in the UK, so I've always considered the possibility of moving my family there. The new financial requirements seem to be the biggest new limitation.
If you have a job making over the 18,600 limit, I suspect you should be able to get a spousal visa for your spouse, and the only difficulty will be the requirement to leave the UK while it's being processed.
If you haven't already seen it, here's the summary thread for spousal visa financial requirements:
http://britishexpats.com/forum/citiz...mation-830478/
Dec 2nd 2014, 5:13 am
#7
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Moving back to the UK. FLR_M application for common law partner?
To add to what has already been said.
If YOU the British citizen is already employed, earning over 18,600 GBP per annum and has been in the job for six months then you can apply immediately for the visa.
If you have no skeletons in the cupboard, process the visa via Priority Service (if this is available from Canada) and you could see your visa in as soon as 4 weeks.
Even if no priority service then the visa will take approx 8 weeks at the moment.
Partner needs to be in Canada for the process, but with all the requirements in place the timescales can be quite short.
If YOU the British citizen is already employed, earning over 18,600 GBP per annum and has been in the job for six months then you can apply immediately for the visa.
If you have no skeletons in the cupboard, process the visa via Priority Service (if this is available from Canada) and you could see your visa in as soon as 4 weeks.
Even if no priority service then the visa will take approx 8 weeks at the moment.
Partner needs to be in Canada for the process, but with all the requirements in place the timescales can be quite short.
