2Wings

I wouldn’t say I currently have a good job. I have an okay job. I had an excellent job I lost a year ago. I was over the £18,600 requirement. Now I am not. Hubby works part time and has a small amount of cash in the bank. Said we will be able to cover solicitors costs ( though we don’t even know what they are yet.) website lists £800-£1000 pounds for her assistance. Mind you those are standard applications. Stepson loves me and is great about me moving in. Hubby is very set in his ways. He’s a nice man and treats me well in other ways, but feels strongly about uprooting junior. Says it’s unfair to him. I suppose it is. And my risking is unfair to me...but I feel bad putting a teenager in a situation where he will face a strong culture shock and have to cope in a new school. Hubby and son are SO English. I feel they would both struggle in Canada. I on the other hand LOVE England! I have no attachment to Canada outside of my parents and siblings. I could move in a heartbeat.

SanDiegogirl

Your income does not count - it is the sponsor's (the Brit citizen) which does.

2Wings

Yes I realize that. Sorry I didn’t clarify. My reference was more in terms of indicating what a “ good job” is in terms of earning capacity.

BritInParis

Let's investigative some legal alternatives. How old are you 2Wings? Any recent European ancestry; parents, grandparents or great-grandparents?

2Wings

Only my great grandparents are of British ancestry, making me unqualified for an ancestry visa. I’m currently 42 years old and hubby is 55 years old.

BritInParis

Any other European-born recent ancestors? You mentioned an excellent job that you lost. What are your professional qualifications/experience?

2Wings

No other ancestors. I’m an Esthetician by trade. In your country you call it a “ Beauty Therapist”. It was lucrative for me up until last year. Fortunately I lived off of my savings until I secured another position. This pays half of what I was earning before. That’s another issue. Canadian standards differ from UK ones and I may have to requalify as to adhere to UK criteria. Also it’s not exactly an in demand position that requires exceptional skill in that a member of the British public cannot perform the same job duties.

BritInParis

So that's knocks out a Tier 5 Youth Mobility Visa, an UK Ancestry visa, an EU/EEA passport and probably a Tier 2 work visa as well.

What are your and your husband's combined cash savings? Do you own property in Canada?

2Wings

Nope. No owned property. Not sure what hubby had exactly in savings as he says “ small amount” ( likely under £16,000). Flat would be worth approximately £130,000 ( hubbys share only) but is not liquidated. and my savings were depleted during job loss and taking on newer job that essentially pays peanuts. As you can see I don’t have a hope in hell. Hence,solicitor saying there are legal loopholes due to the involvement of a dependant British child under the age of 18 with a deceased parent...well I was naturally intrigued and felt this is my solution...until I got cold feet about the whole thing. It’s the overstaying that scares me.

BritInParis

Putting to one side the illegality of overstaying, even if you were to go down that route, you would not be able to work or access any public services for ten years so you'll both be unemployed and trying to raise a child on benefits designed for one. Not a recipe for success.

Bottom line is that your husband either needs to find himself a job in the UK that pays £18,600 pa or he needs to be prepared to move to Canada. If the latter is not acceptable then the onus is on him to do the former.

2Wings

Oh okay thank-you. I was under the impression that I could work once the first portion of the visa was granted (if approved) as each visa is for 2.5 years ( 4 visa applications in total,for a total of 10 years) is this not the case?

BritInParis

No, it's for ILR after ten years of legal residence if you don't qualify for ILR on the visa you hold. Read more here:

https://www.gov.uk/long-residence

sayang

Unless he is absolutely the love of you life, time to bail (in my view)

2Wings

He is the love of my life and we are married and will have been in a relationship for 8 years in the new year. I’m in it for the long haul, and I cannot hurt my stepson. He already lost his biological mum, and to lose me ( the only mum he has ever known) is detrimental. I have to see it through. They are my boys. xx

Vadio

Were I in your situation, I would NOT waste money on a solicitor. No matter what you pay, they cannot bend the rules for you, and may well make a huge mistake which costs you thousands more. The alternatives that BritInParis pointed out are clear cut and correct; you need to proceed on that basis, not trying to figure out a not-strictly-legal workaround.

That's my opinion; your mileage may vary.