Moving without visa

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Old Nov 19th 2021, 10:57 am
  #1  
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Default Moving without visa

Hi all,
For simplicity I’d like to move my family to the UK, work for 6 months and then apply for my wife’s visa as I’d then have 6 months of payslips for the financial requirement. She’s Canadian so should be able to stay the 6 months at a time. Would it be simple enough as going to France for a weekend trip to ensure she doesn’t overstay?
in the Canadian forums we referred to this as flag poling.
Anyone have any insight on this?
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Old Nov 19th 2021, 11:18 am
  #2  
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Default Re: Moving without visa

Originally Posted by ArthurBrit
Hi all,
For simplicity I’d like to move my family to the UK, work for 6 months and then apply for my wife’s visa as I’d then have 6 months of payslips for the financial requirement. She’s Canadian so should be able to stay the 6 months at a time. Would it be simple enough as going to France for a weekend trip to ensure she doesn’t overstay?
in the Canadian forums we referred to this as flag poling.
Anyone have any insight on this?
Hi. That wouldn't work unfortunately, your wife must apply for her visa from Canada.
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Old Nov 19th 2021, 11:49 am
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Default Re: Moving without visa

Originally Posted by ArthurBrit
Hi all,
For simplicity I’d like to move my family to the UK, work for 6 months and then apply for my wife’s visa as I’d then have 6 months of payslips for the financial requirement. She’s Canadian so should be able to stay the 6 months at a time. Would it be simple enough as going to France for a weekend trip to ensure she doesn’t overstay?
in the Canadian forums we referred to this as flag poling.
Anyone have any insight on this?
Flagpoling in the Canadian context usually refers to crossing the US border and returning to Canada to activate a new work or residence permit. What you're proposing won't work because;

A) The initial entry isn't for a temporary visit. Your wife can be refused entry to the UK right there.
B) Visitors are allowed to spend 6 months from 12 in the UK. Taking a day or weekend trip to France doesn't reset that. That's another potential refusal of entry, only this one would be a return to the last port of departure, which would be France.

If you're returning to the UK, any non-UK family members would have to return to Canada to apply for a Spouse visa.
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Old Nov 19th 2021, 4:02 pm
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Default Re: Moving without visa

She can accompany you to the UK as a visitor for six months but she would need to return to Canada to apply for her spouse visa. A trip to France may give her another six months but depending on how long she had already spent in the UK she would be subject to much closer scrutiny at the UK border and likely only given until her next departure date. It would be simpler therefore to do the full six months in the UK and then return to Canada to start the visa application process. Providing she had somewhere to stay during this time then that would be very achievable.
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