Tricky situation

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Old Jul 26th 2016, 9:32 am
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Default Tricky situation

Hi all, I'm new to the forum but have been reading over some of the great info and advice on here for a few days.
So I have few questions some of you maybe able to help me with?
My family and I (hubby and 3 children) are looking into moving to canada, we have a house out there to go to and family over there.
My husband is Thai (43) and is and has been living in the UK for 11 years. Is this going to make things difficult with the visa process and what would you suggest be the best route for him? He can speak English but has little to no written English. He is unskilled but has worked for the same company for 10 years and is the team lead/supervisor. I am English (34) and am part way though an open university degree. I've worked in health care since I was 19 and currently work with stroke, however I am still unskilled at present. My uncle is wishing to invest in a Thai restaurant with my husband in canada but at present he has all the funds in canada, we don't have enough at the moment. Does anyone have any idea of what route we should take. I finish my degree in 18 months and would be looking to be going after that.
Thanks in advance x
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Old Jul 26th 2016, 10:54 am
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Default Re: Tricky situation

Originally Posted by Slilayut
Hi all, I'm new to the forum but have been reading over some of the great info and advice on here for a few days.
So I have few questions some of you maybe able to help me with?
My family and I (hubby and 3 children) are looking into moving to canada, we have a house out there to go to and family over there.
My husband is Thai (43) and is and has been living in the UK for 11 years. Is this going to make things difficult with the visa process and what would you suggest be the best route for him? He can speak English but has little to no written English. He is unskilled but has worked for the same company for 10 years and is the team lead/supervisor. I am English (34) and am part way though an open university degree. I've worked in health care since I was 19 and currently work with stroke, however I am still unskilled at present. My uncle is wishing to invest in a Thai restaurant with my husband in canada but at present he has all the funds in canada, we don't have enough at the moment. Does anyone have any idea of what route we should take. I finish my degree in 18 months and would be looking to be going after that.
Thanks in advance x
What is your husband's status in the UK at the moment?
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Old Jul 26th 2016, 11:02 am
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Default Re: Tricky situation

Limited leave to remain (long story) but in 12 months he is able to apply for permanent leave to remain
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Old Jul 26th 2016, 1:50 pm
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Default Re: Tricky situation

I don't know much about UK immigration law but I thought if you had leave to remain of one kind or another that involves a residency requirement (or you lose it).

And what kind of status would you have in Canada?

S
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Old Jul 26th 2016, 3:15 pm
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Default Re: Tricky situation

Yes I believe that's correct. However my question is not regarding my husbands current statues, I require advice on the best route we can take to enter Canada and potentially set up a business. If anyone has any experience of this nature please let me know.
If he went over to start said business would myself and the children be able to follow him on a open work permit?
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Old Jul 26th 2016, 3:23 pm
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Default Re: Tricky situation

It's going to be insanely hard, if not impossible.

For your husband to qualify for an investor visa, he's got to have way more money than it sounds like you have: Entrepreneurs and Investors: Entrepreneurs

If you go down the Express Entry route, how many points do you think you would get? Comprehensive Ranking System (CRS) - tool Keep in mind that you and your husband would have to score a minimum of 6 on each of the modules of the English test, which includes a written English portion.

Have you done any research yourself of the various visa routes for Canada?
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Old Jul 26th 2016, 3:33 pm
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Default Re: Tricky situation

Originally Posted by Snowy560
I don't know much about UK immigration law but I thought if you had leave to remain of one kind or another that involves a residency requirement (or you lose it).

And what kind of status would you have in Canada?

S
Unlike Canada there is no hard and fast rules for returning residents to the UK. officially you cannot be out of the UK for more than 2 years and keep your ILR, however there are circumstances that allow you to extent the 2 years period and it is assessed on case by case basis. The emphasis is on the ILR holder to show why they were out of the UK and why they now wish to return.

I have heard of cases where if returning with a UK citizen spouse the rules are a little more relaxed.

https://www.gov.uk/government/public...ties-to-the-uk
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Old Jul 26th 2016, 3:49 pm
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Default Re: Tricky situation

Originally Posted by SchnookoLoly
It's going to be insanely hard, if not impossible.

For your husband to qualify for an investor visa, he's got to have way more money than it sounds like you have: Entrepreneurs and Investors: Entrepreneurs

If you go down the Express Entry route, how many points do you think you would get? Comprehensive Ranking System (CRS) - tool Keep in mind that you and your husband would have to score a minimum of 6 on each of the modules of the English test, which includes a written English portion.

Have you done any research yourself of the various visa routes for Canada?
Yes we have looked into a few route but unsure of which is best. My uncle will be part of the investment and we will have our share when we sell the house. I'm not sure if this is allowed though as we are sharing the investment with a Canadian citizen?
Express entry at present no we don't have enough point until i have completed my degree and have a job offer.
The English element maybe an issue but we have 2 years to get that side up to scratch to meet the requirements.
I looked at student visa but it would use up monies a assigned for the business.
Would the better route then be via me and then he could get a OWP?
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Old Jul 26th 2016, 3:55 pm
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Default Re: Tricky situation

Originally Posted by Slilayut
Yes we have looked into a few route but unsure of which is best. My uncle will be part of the investment and we will have our share when we sell the house. I'm not sure if this is allowed though as we are sharing the investment with a Canadian citizen?
Express entry at present no we don't have enough point until i have completed my degree and have a job offer.
The English element maybe an issue but we have 2 years to get that side up to scratch to meet the requirements.
I looked at student visa but it would use up monies a assigned for the business.
Would the better route then be via me and then he could get a OWP?
If you get a job offer that would give you the 600 points that would get you in through express entry, yes. What is your degree going to be in? Are you certain a degree through an open university would be accepted and recognized? (I know nothing about open universities, I do not mean that to come across badly at all, legitimately don't know anything about them.) You say you've worked in health care, are you looking to be employed as a nurse? WE really need a LOT more information from you to be able to help.
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Old Jul 26th 2016, 4:47 pm
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Default Re: Tricky situation

OK no problem. My research and my uncles in canada has suggested that the open uni is a recognised? So I'm very much hoping it will be?
My degree will be in combined social science. My experience is health care is with adults as a carer to start off then down the route of therapy for those whom have had a stroke. No I'm not a nurse or going to be, I have qualifications in health and social care. My current the role is based some what on what what I've been working on within my degree. It's psychological support for stroke, I'd very much like to do something similar in canada?
We are going out to stay with my uncle in April to check out our house, I will hopefully look at the stroke pathway when I'm out there and check out jobs.
Anything else just ask this site is a wealth of knowledge.
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Old Jul 26th 2016, 5:50 pm
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Default Re: Tricky situation

Anyone think the study visa would be a good option/the only option? Just spoken to my uncle who says we could use the money from our house on further study for me to get us in? I would be more than happy to continue studying but as this was an option I thought was out so know the least about.
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Old Jul 26th 2016, 5:55 pm
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Default Re: Tricky situation

What is the story that led to your OH being in the UK for 11yrs but now only has LLR and no UK citizenship? Is it at all possible to wait 2 years or so for him to become British? Returning to the UK if you don't like Canada or your investment plan doesn't work out would be very difficult if he loses his UK residency.
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Old Jul 26th 2016, 6:07 pm
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Default Re: Tricky situation

Yes that is the plan, he can get llr in 12 months then 12 months after that can apply for citizenship. We don't plan to move until back end of 2018 but I'd like to be prepared and know what sort route we should go down. I'd like to finish my degree and graduate in the UK. But I could do my masters in canada if that works better.
I had my babies young and missed out on the uni thing so in doing it now and love every second of it.
The business is something my hubby dreams of and having the help and opportunities that my uncle is willing to assist with is a dream for both of us.
However we are realistic that things might not work out over there so we need the option to come back. He can always reapply if needed but I'd like to have not burnt my bridges in the UK before we go.
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Old Jul 26th 2016, 6:16 pm
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Default Re: Tricky situation

What do you score on the CRA? It's in one of my posts above. You can just take a best guess.
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Old Jul 26th 2016, 6:32 pm
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Default Re: Tricky situation

Originally Posted by SchnookoLoly
What do you score on the CRA? It's in one of my posts above. You can just take a best guess.
913? No idea is this is good or bad?
Best guess hubby scored 6 on language.
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