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Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 11:37 pm

I never tried to make a personal remark. It was just based on keeping immigration rules in mind.

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 11:44 pm

bobbiandmitch wrote:
mrlookforward wrote:they must have a sponsors license from UKBA and she should be employed in a shortage occupation categoy. nothing can be sorted in this short time really. I cant understand why are you so worried about her going back to canada. getting a spouse visa shouldnt be difficult if you are working.
I am grateful for your advice on facts and possibilities but how do you and why would you care if I was worried about anything, let alone her going back to Canada. What I 'care' about doesn't matter here, what matters is we do the right thing now, to enable us to live together in the future.
I have sent you an important pm. Pls check your messages.

bobbiandmitch
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Post by bobbiandmitch » Fri Jun 04, 2010 11:48 pm

mrlookforward wrote:I never tried to make a personal remark. It was just based on keeping immigration rules in mind.
No problem. I appreciate your advice. Ok, so we've been chatting and we'd like to make the holiday and then Bobbi fly to Canada from the airport we return to from holiday. Hopefully that makes sense.

So we go to Spain from the 15th-22nd (from Birmingham) in which time Bobbi's visa runs out, then on our return Bobbi fly's from B'ham to Canada.

Would this be classed as overstaying? Or would they let her back into the country for a few days to fly from London?

djb123
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Post by djb123 » Fri Jun 04, 2010 11:51 pm

bobbiandmitch wrote:
mrlookforward wrote:I never tried to make a personal remark. It was just based on keeping immigration rules in mind.
No problem. I appreciate your advice. Ok, so we've been chatting and we'd like to make the holiday and then Bobbi fly to Canada from the airport we return to from holiday. Hopefully that makes sense.

So we go to Spain from the 15th-22nd (from Birmingham) in which time Bobbi's visa runs out, then on our return Bobbi fly's from B'ham to Canada.

Would this be classed as overstaying? Or would they let her back into the country for a few days to fly from London?
She will not be able to re-enter the UK on her existing visa as it would have expired. They may let her re-enter as a visitor with a new 'stamp'.

bobbiandmitch
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Post by bobbiandmitch » Fri Jun 04, 2010 11:58 pm

She will not be able to re-enter the UK on her existing visa as it would have expired. They may let her re-enter as a visitor with a new 'stamp'.
Does anybody have any experience with this? I wouldn't like to take a chance that they might let you into the country. We're planning on booking the Canadian flight ticket this week, so that would be proof of her leaving. But we can't run the risk of her been classed as an overstayer.

mrlookforward
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Post by mrlookforward » Sat Jun 05, 2010 12:01 am

Under the situtation you have mentioned, she wont be an overstayer. When her visa runs out, she would be out of UK, so not an overstayer. When she enters uk for a few days before going to canada, she will be entering as a visitor. You should ideally have a ticket for her ready to show to immigration officer. Some of them can be really difficult, asking question about why so soon she is again seeking entry as a visitor.

djb123
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Post by djb123 » Sat Jun 05, 2010 5:36 am

bobbiandmitch wrote:
She will not be able to re-enter the UK on her existing visa as it would have expired. They may let her re-enter as a visitor with a new 'stamp'.
Does anybody have any experience with this? I wouldn't like to take a chance that they might let you into the country. We're planning on booking the Canadian flight ticket this week, so that would be proof of her leaving. But we can't run the risk of her been classed as an overstayer.
As already mentioned she won't be classed as an overstayer but there is small possibility that she will refused entry - this though is always the case for people without right of abode to the UK.

The immigration officer may not believe she is a genuine visitor and give her entry for 6 months (after all she has had 2 years to be a genuine visitor) but if she has a ticket from the UK a few days later they should allow her enough time to pack her things and leave.

No-one on this forum will be able to say exactly what will happen, it depends on the IO on the day and what your girlfriend says when questioned.

bobbiandmitch
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Post by bobbiandmitch » Sat Jun 05, 2010 9:22 am

If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?

ElenaW
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Location: Back and forth between California and Norwich :D

Post by ElenaW » Sat Jun 05, 2010 9:37 am

bobbiandmitch wrote:If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?
As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.
I tell it like it is.

mochyn
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Post by mochyn » Sat Jun 05, 2010 9:43 am

May I ask what are your ages?

bobbiandmitch
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Post by bobbiandmitch » Sat Jun 05, 2010 9:44 am

ElenaW wrote:
bobbiandmitch wrote:If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?
As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.
Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!

djb123
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Post by djb123 » Sat Jun 05, 2010 10:32 am

bobbiandmitch wrote:
ElenaW wrote:
bobbiandmitch wrote:If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?
As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.
Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!
It can take anything from a few days to a few months, and there is no premium service. There is no requirement to be in the UK immediately prior to marrying.

bobbiandmitch
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Post by bobbiandmitch » Sat Jun 05, 2010 10:58 am

mochyn wrote:May I ask what are your ages?
I'm 24 and Mitch is 26

bobbiandmitch
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Post by bobbiandmitch » Sat Jun 05, 2010 11:35 am

djb123 wrote:
bobbiandmitch wrote:
ElenaW wrote:
bobbiandmitch wrote:If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?
As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.
Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!
It can take anything from a few days to a few months, and there is no premium service. There is no requirement to be in the UK immediately prior to marrying.
Can we not marry in the UK? Before I go back to Canada? or If I return on a visitor visa? It would be the same scenario if Mitchell had to come to Canada.

djb123
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Post by djb123 » Sat Jun 05, 2010 11:51 am

bobbiandmitch wrote:
djb123 wrote:
bobbiandmitch wrote:
ElenaW wrote:
As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.
Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!
It can take anything from a few days to a few months, and there is no premium service. There is no requirement to be in the UK immediately prior to marrying.
Can we not marry in the UK? Before I go back to Canada? or If I return on a visitor visa? It would be the same scenario if Mitchell had to come to Canada.
Without a COA you may not find anyone to marry you, and it is impossible for you to marry in the UK now before you return anyway as you have to give 15 days notice.

The COA applies if you try to marry on a visitor visa too - and they are unlikely to grant you a COA if you apply.

Just one thought about entering as a visitor - if your UPV application is refused it will make it more awkward to to enter as a visitor (as you tried to get a settlement visa).

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