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Spousal Application / UK Indefinate Leave to Remain ?

Spousal Application / UK Indefinate Leave to Remain ?

Old Jan 6th 2008, 10:01 am
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Question Spousal Application / UK Indefinate Leave to Remain ?

Hi all,

Just found this excellent group tonight, and decided to send a post.

I am a UK national. My wife is Canadian, we have been married for 6 months, and she is over in the UK on an Ancestry visa. She came over to stay with me in May 2004.

Hopefully, at some point this year, it is our plan to move over to Canada, with her sponsoring me in my Spouse application.

At the moment, I am supporting both of us, working as a Network Engineer. From what I have read on the application forms, she has to prove that she can support me (for up to 3 years). How can she show that she is able to do this, if I am the main wage earner in the household ?

Also, as she has been resident in the UK for 3 1/2 years, what would be the best way of keeping the door open to return to the UK should our plans change at some point in the future ?

She has taken and passed the Life in the UK test, but has still to apply for Indefinite Leave to Remain, as she would loose it shortly after she moves back to Canada.

Any assistance and insights would be appreciated.

Regards

Gordon
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Old Jan 6th 2008, 10:05 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

Hey Gordon

Not sure about the Visa / UK situation.

Surely opening a joint Bank Account which shows you have enough money to support you should be sufficient.

Rob
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Old Jan 6th 2008, 10:07 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

In the case of married couples there is actually no minimum income level (or whatever the phrase used) for the Canadian spouse to meet.

It sort of makes a nonsense of the 'sponsorship' but there you go.
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Old Jan 6th 2008, 10:08 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

Originally Posted by techwizard
Hi all,

Just found this excellent group tonight, and decided to send a post.

I am a UK national. My wife is Canadian, we have been married for 6 months, and she is over in the UK on an Ancestry visa. She came over to stay with me in May 2004.

Hopefully, at some point this year, it is our plan to move over to Canada, with her sponsoring me in my Spouse application.

At the moment, I am supporting both of us, working as a Network Engineer. From what I have read on the application forms, she has to prove that she can support me (for up to 3 years). How can she show that she is able to do this, if I am the main wage earner in the household ?

Also, as she has been resident in the UK for 3 1/2 years, what would be the best way of keeping the door open to return to the UK should our plans change at some point in the future ?

She has taken and passed the Life in the UK test, but has still to apply for Indefinite Leave to Remain, as she would loose it shortly after she moves back to Canada.
There is only one way for your wife to keep open the option to return to the U.K. later. She needs to become a British citizen before she leaves.

The way to do that is:

1. She probably has to extend her ancestry visa (AV) because now she needs to clock up 5 years, not 4 years the way it used to be.

2. Once she has 5 years on her AV (May 2009?) she can apply for Indefinite Leave to Remain (ILR).

3. As you are a British citizen, she can apply for British citizenship by naturalisation immediately once she has her ILR, as by then she'll have at least 3 years residence in the U.K.

Processing time for naturalisation, based on current trends, about 6 months but that could easily change.
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Old Jan 10th 2008, 9:20 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

does that mean common law dont have to show any proof as well ?
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Old Jan 10th 2008, 9:24 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

Originally Posted by BristolUK
In the case of married couples there is actually no minimum income level (or whatever the phrase used) for the Canadian spouse to meet.

It sort of makes a nonsense of the 'sponsorship' but there you go.
Apparently the only thing you have to show is that the Canadian sponsor is not on state benefits. Or that's what I remember from the CIC's website.
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Old Jan 10th 2008, 9:39 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

Originally Posted by edsask
Apparently the only thing you have to show is that the Canadian sponsor is not on state benefits. Or that's what I remember from the CIC's website.
When we were researching, we found that those minimum income requirements didn't apply for married couples quite by accident. It wasn't listed where one would have expected at all.
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Old Jan 10th 2008, 9:45 am
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Smile Re: Spousal Application / UK Indefinate Leave to Remain ?

Originally Posted by BristolUK
When we were researching, we found that those minimum income requirements didn't apply for married couples quite by accident. It wasn't listed where one would have expected at all.
You expect Canadian bureaucracy to be logical? Dear, oh dear.
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Old Jan 10th 2008, 9:52 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

Originally Posted by edsask
You expect Canadian bureaucracy to be logical? Dear, oh dear.
Not from the very first day I looked at the CIC site. And numerous times since.

To be fair, the Government of NB offices have been models of efficiency. Seriously.
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Old Jan 10th 2008, 9:59 am
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Default Re: Spousal Application / UK Indefinate Leave to Remain ?

Originally Posted by BristolUK
Not from the very first day I looked at the CIC site. And numerous times since.

To be fair, the Government of NB offices have been models of efficiency. Seriously.
We're hoping to be moving to the interior of BC (IF a job interview goes well) and can only hope that everything's reasonably trouble-free.
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