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UK expat returning with Canadian wife scenario

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scade
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UK expat returning with Canadian wife scenario

Post by scade » Mon Jun 15, 2020 10:13 pm

Hi,

I've searched the forums and didn't find my specific plan/scenario asked before. I hope I can explain it clearly...

We recently sold our home in Canada and are looking to move to the UK.
I'm a UK expat and my wife is Canadian... would there be any issues with us flying to the UK together, with my wife entering the country as a visitor for up to six months, and then during that time I -

- Find new employment (earning £18,600+) in the UK and begin work.
- Then, on approaching six months my wife would fly back to Canada and from there apply for a Family Visa, with me using a mix of savings and X months of UK employment (along with demonstrable paystubs etc.) to cover the hefty income requirement.

Would UK Immigration have a problem with this plan?

Thanks for any advice.

Ant.

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seagul
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Re: UK expat returning with Canadian wife scenario

Post by seagul » Tue Jun 16, 2020 4:04 am

If the sale proceeds from the sale of your property were at least £62500 then you can even apply now of her spouse visa straightaway without any circuitous route.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
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Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: UK expat returning with Canadian wife scenario

Post by geoeng » Tue Jun 16, 2020 8:46 am

scade wrote:
Mon Jun 15, 2020 10:13 pm
Would UK Immigration have a problem with this plan?
I don't think there's a guaranteed answer to that question. It's not really the intent of the visitor visa to be used in this manner and you might have issues with some of the eligibility requirements (you’ll leave the UK at the end of your visit, you’re able to support yourself and any dependents for the duration of your trip, etc.). If you have to discuss the purpose of the trip to the UK with any immigration officials, this may lead to giving some misleading answers that might be used against your wife in future visa applications.

Seagul already mentioned one option for meeting the financial requirement for a spouse visa. Any chance your wife is under the age of 31 with no children? If so, the Tier 5 Youth Mobility Scheme visa might be another option to consider.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

scade
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Posts: 2
Joined: Mon Jun 15, 2020 9:51 pm

Re: UK expat returning with Canadian wife scenario

Post by scade » Tue Jun 16, 2020 12:40 pm

Thanks for the responses.
seagul wrote:
Tue Jun 16, 2020 4:04 am
If the sale proceeds from the sale of your property were at least £62500 then you can even apply now of her spouse visa straightaway without any circuitous route.
I wish that were the case, but unfortunately not.
geoeng wrote:
Tue Jun 16, 2020 8:46 am
Seagul already mentioned one option for meeting the financial requirement for a spouse visa. Any chance your wife is under the age of 31 with no children? If so, the Tier 5 Youth Mobility Scheme visa might be another option to consider.
My wife and I are much closer to 51 than to 31 :)

It sounds like it'd be best If I keep any explanation with Immigration as simple as possible (and I guess that should always be the case).

- We'd be there for a long overdue (extended) vacation.
- We can prove we can support ourselves financially for approximately 6 months.
- Not mention any scenario of me potentially seeking new employment.

Thanks.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: UK expat returning with Canadian wife scenario

Post by geoeng » Tue Jun 16, 2020 1:04 pm

If you are in a job earning the equivalent of £18,600/year now, and can get a job offer earning at least £18,600 in the UK, this could also be used to meet the financial requirement. The many ways of meeting the financial requirement are detailed in the guidance document linked below. While what you are proposing may work, it seems to be a path around the rules rather than the most direct way through them.

https://assets.publishing.service.gov.u ... -ext_1.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Joined: Thu Nov 12, 2015 11:23 am
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Re: UK expat returning with Canadian wife scenario

Post by seagul » Tue Jun 16, 2020 1:36 pm

scade wrote:
Tue Jun 16, 2020 12:40 pm
Thanks for the responses.
seagul wrote:
Tue Jun 16, 2020 4:04 am
If the sale proceeds from the sale of your property were at least £62500 then you can even apply now of her spouse visa straightaway without any circuitous route.
I wish that were the case, but unfortunately not.
geoeng wrote:
Tue Jun 16, 2020 8:46 am
Seagul already mentioned one option for meeting the financial requirement for a spouse visa. Any chance your wife is under the age of 31 with no children? If so, the Tier 5 Youth Mobility Scheme visa might be another option to consider.
My wife and I are much closer to 51 than to 31 :)

It sounds like it'd be best If I keep any explanation with Immigration as simple as possible (and I guess that should always be the case).

- We'd be there for a long overdue (extended) vacation.
- We can prove we can support ourselves financially for approximately 6 months.
- Not mention any scenario of me potentially seeking new employment.

Thanks.
Before finalizing any plan, also do remember the new rule of self isolating yourself for 14 days on arriving to UK where the person won't be allowed to go anywhere other than for very essential purposes.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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