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Expatriate family of a settled person visa

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bl1nd
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Expatriate family of a settled person visa

Post by bl1nd » Thu Oct 22, 2015 4:13 pm

I am a British citizen who has been living oversees in a British Oversees Territory for the last nine years and I am interested in returning to the UK with my Canadian wife.

We would both like to work for a period of approximately six months (March 2016 - September 2016) and I would like to find out what visas she will be required to obtain.

From doing some research, it seams that the ‘family of a settled person’ visa would be the easiest route for us to try, however I am unsure if I could qualify as a "settled person".

We are planning on only being in the country for those six months, after that we will be moving to another country again.

Has anyone had any experience in applying for the ‘family of a settled person’ visa as an expatriate?

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Re: Expatriate family of a settled person visa

Post by CR001 » Thu Oct 22, 2015 4:36 pm

That is the correct visa as you are British and you would need to meet all the requirements. It is issued for 33 months months though and she has to pay the health surcharge of £600. There is no 'short term' visa that will allow her to work.
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Re: Expatriate family of a settled person visa

Post by Wanderer » Thu Oct 22, 2015 5:14 pm

CR001 wrote:That is the correct visa as you are British and you would need to meet all the requirements. It is issued for 33 months months though and she has to pay the health surcharge of £600. There is no 'short term' visa that will allow her to work.
Seems impossible though Casa since the OP will need three months UK salary or job offer or £62,500 in savings?

Six months not enough time to fulfil the most common criteria.
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Re: Expatriate family of a settled person visa

Post by bl1nd » Thu Oct 22, 2015 5:36 pm

We will have around £100k savings between the two of us in a joint account, so I am not worried about the financial requirements.
What is the health surcharge for? Does it give her NHS coverage whilst living in the UK?

If we applied for this visa and were approved for the 33 months, came, worked for 6 months and then left again, could we return say 12 months later and continue on the same visa? Or do you loose the visa upon exiting the country?

Also, if she gets the ‘family of a settled person’ visa, would she be free to come to the UK to seek any employment, or would she need to find a job before moving?

As the wife of a British citizen, is there not an easier way for her to come and work for 6 months? :|

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Re: Expatriate family of a settled person visa

Post by CR001 » Thu Oct 22, 2015 5:41 pm

Health surcharge is NHS yes, applicable since April 2015 to immigrants.

Yes, she will be eligible to work and no, she does not need a job before moving and can travel and return yes.

No, there is no easy route to come to the UK if she wants to work. Does she have British born grandparents by any chance?
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Re: Expatriate family of a settled person visa

Post by Wanderer » Thu Oct 22, 2015 5:42 pm

bl1nd wrote:We will have around £100k savings between the two of us in a joint account, so I am not worried about the financial requirements.
What is the health surcharge for? Does it give her NHS coverage whilst living in the UK?

If we applied for this visa and were approved for the 33 months, came, worked for 6 months and then left again, could we return say 12 months later and continue on the same visa? Or do you loose the visa upon exiting the country?

Also, if she gets the ‘family of a settled person’ visa, would she be free to come to the UK to seek any employment, or would she need to find a job before moving?

As the wife of a British citizen, is there not an easier way for her to come and work for 6 months? :|
With £100k you are laughing, provided that are liquid funds and have been for six months.

Surcharge is for health cover yes. Gov. decided to charge for it since the stain on the NHS was too high and it's a bargain anyway.

Absences are allowed but the rule is you must intend to live in the UK, so you have to be careful, I'd say 12 months away is too much but there is no written down rules as far as I know.

She would be free to work immediately.

There is no other reasonable way for a short period, other than work permit if she's highly skilled and can find a sponsor which is not easy.

Why the need to work with 100k under the mattress?
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Re: Expatriate family of a settled person visa

Post by bl1nd » Thu Oct 22, 2015 5:58 pm

Wanderer wrote:
bl1nd wrote:We will have around £100k savings between the two of us in a joint account, so I am not worried about the financial requirements.
What is the health surcharge for? Does it give her NHS coverage whilst living in the UK?

If we applied for this visa and were approved for the 33 months, came, worked for 6 months and then left again, could we return say 12 months later and continue on the same visa? Or do you loose the visa upon exiting the country?

Also, if she gets the ‘family of a settled person’ visa, would she be free to come to the UK to seek any employment, or would she need to find a job before moving?

As the wife of a British citizen, is there not an easier way for her to come and work for 6 months? :|
With £100k you are laughing, provided that are liquid funds and have been for six months.

Surcharge is for health cover yes. Gov. decided to charge for it since the stain on the NHS was too high and it's a bargain anyway.

Absences are allowed but the rule is you must intend to live in the UK, so you have to be careful, I'd say 12 months away is too much but there is no written down rules as far as I know.

She would be free to work immediately.

There is no other reasonable way for a short period, other than work permit if she's highly skilled and can find a sponsor which is not easy.

Why the need to work with 100k under the mattress?
The funds will be liquid at the time we want to come to the UK, but will only have been in that state for around 3.5 months.
We both have good savings and are selling our house here and keeping the money from the sale liquid until we purchase a new house in 2017. Ideally we want to be working to afford this "sabbatical" without eating into our savings to much.

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Re: Expatriate family of a settled person visa

Post by CR001 » Thu Oct 22, 2015 6:05 pm

CR001 wrote:Does she have British born grandparents by any chance?
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Re: Expatriate family of a settled person visa

Post by bl1nd » Thu Oct 22, 2015 6:08 pm

CR001 wrote:
CR001 wrote:Does she have British born grandparents by any chance?
She does, but I remember her telling me that she had looked into going down that route before but it was not an option...however I cannot remember the reason. :?

I will be talking with her later today about it and should have more info for you.

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Re: Expatriate family of a settled person visa

Post by CR001 » Thu Oct 22, 2015 6:28 pm

If she is able to, UK Ancestry visa is another option and cheaper and valid for 5 years.
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Re: Expatriate family of a settled person visa

Post by bl1nd » Thu Oct 22, 2015 6:56 pm

CR001 wrote:If she is able to, UK Ancestry visa is another option and cheaper and valid for 5 years.
OK, good to know.

Thanks!

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Re: Expatriate family of a settled person visa

Post by secret.simon » Sat Oct 24, 2015 11:40 pm

If your wife is younger than 30, she could qualify for a Tier 5 Youth Mobility Visa. She may be confusing this with the Ancestry visa, which has no age limit.

If she has a single British grandparent and she has documented proof (grandparents passport, birth certificate, etc), that would be the cleanest option.
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Re: Expatriate family of a settled person visa

Post by bl1nd » Mon Nov 09, 2015 2:04 pm

CR001 wrote:If she is able to, UK Ancestry visa is another option and cheaper and valid for 5 years.
OK, so we have looked into the UK Ancestry Visa and it seams it is a much easier method of obtaining her visa than going down the route of Family of a Settled Person visa. (crazy imo!)

Question;
Under the ancestry documents that she needs to provide it asks for her "full birth certificate", the key word being full. Apparently there are two types of birth certificate, your regular one and a long form one. Does anybody know which one they would require?

And;
They ask for "marriage certificates for your parents and grandparents and legal adoption papers if you or your parents are adopted" - there is no one adopted in her family, are they still asking for the marriage certificates of her parents and grandparents?

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Re: Expatriate family of a settled person visa

Post by CR001 » Mon Nov 09, 2015 2:19 pm

bl1nd wrote:
CR001 wrote:If she is able to, UK Ancestry visa is another option and cheaper and valid for 5 years.
OK, so we have looked into the UK Ancestry Visa and it seams it is a much easier method of obtaining her visa than going down the route of Family of a Settled Person visa. (crazy imo!) Absolutely, good choice. It is also valid for 5 years. She will need to show that she intends to seek work, but this is relatively easy to meet.

Question;
Under the ancestry documents that she needs to provide it asks for her "full birth certificate", the key word being full. Apparently there are two types of birth certificate, your regular one and a long form one. Does anybody know which one they would require?
She needs the long one that lists her parents. Also needs the birth certificate of the parent through who she is claiming.


And;
They ask for "marriage certificates for your parents and grandparents and legal adoption papers if you or your parents are adopted" - there is no one adopted in her family, are they still asking for the marriage certificates of her parents and grandparents? Yes, she needs the full marriage certificates for both too. UK ones are easily obtained from GRO.org.
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Re: Expatriate family of a settled person visa

Post by bl1nd » Mon Nov 09, 2015 3:26 pm

Thank you so much for you help!

So, for clarification on our situation;
Her grandmother was born in the UK, married, divorced, moved to Canada, re-married and then with her new husband, gave birth to my father in-law. When my father in-law was 11, his parents divorced and then eventually she re-married a third time.
From this situation, we would need the grandmothers birth certificate proving she was born in the UK, AND the grandmothers marriage certificate showing the marriage between herself and the father of my father in-law?

Then, my wife will also need a marriage certificate from her parents (who are also divorced), the birth certificate of her father and her long form birth certificate showing her parents names on it?

CR001 wrote:
bl1nd wrote:
CR001 wrote:If she is able to, UK Ancestry visa is another option and cheaper and valid for 5 years.
OK, so we have looked into the UK Ancestry Visa and it seams it is a much easier method of obtaining her visa than going down the route of Family of a Settled Person visa. (crazy imo!) Absolutely, good choice. It is also valid for 5 years. She will need to show that she intends to seek work, but this is relatively easy to meet.

Question;
Under the ancestry documents that she needs to provide it asks for her "full birth certificate", the key word being full. Apparently there are two types of birth certificate, your regular one and a long form one. Does anybody know which one they would require?
She needs the long one that lists her parents. Also needs the birth certificate of the parent through who she is claiming.

And;
They ask for "marriage certificates for your parents and grandparents and legal adoption papers if you or your parents are adopted" - there is no one adopted in her family, are they still asking for the marriage certificates of her parents and grandparents? Yes, she needs the full marriage certificates for both too. UK ones are easily obtained from GRO.org.

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Re: Expatriate family of a settled person visa

Post by CR001 » Mon Nov 09, 2015 3:55 pm

So, for clarification on our situation;
Her grandmother was born in the UK So you need this full birth certificate , married, divorced, moved to Canada, re-married and then with her new husband, gave birth to my father in-law You need this full birth certificate and his parents marriage certificate. When my father in-law was 11, his parents divorced and then eventually she re-married a third time.
From this situation, we would need the grandmothers birth certificate proving she was born in the UK, AND the grandmothers marriage certificate showing the marriage between herself and the father of my father in-law? Correct as per above.

Then, my wife will also need a marriage certificate from her parents Correct(who are also divorced), the birth certificate of her father Correct, the long form oneand her long form birth certificate showing her parents names on it Correct
?

So to recap for you :

1. Grandmothers full birth certificate
2. Grandmothers marriage certificate for second marriage
3. Fathers full birth certificate
4. Fathers marriage certificate
5. Wife's full birth certificate
6. Wifes' marriage certificate

The marriage certificates are to show the flow in name changes for women. Divorce is irrelevant for Ancestry applications.
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Re: Expatriate family of a settled person visa

Post by bl1nd » Mon Nov 09, 2015 5:05 pm

Okay, perfect... thank you!
CR001 wrote:
So, for clarification on our situation;
Her grandmother was born in the UK So you need this full birth certificate , married, divorced, moved to Canada, re-married and then with her new husband, gave birth to my father in-law You need this full birth certificate and his parents marriage certificate. When my father in-law was 11, his parents divorced and then eventually she re-married a third time.
From this situation, we would need the grandmothers birth certificate proving she was born in the UK, AND the grandmothers marriage certificate showing the marriage between herself and the father of my father in-law? Correct as per above.

Then, my wife will also need a marriage certificate from her parents Correct(who are also divorced), the birth certificate of her father Correct, the long form oneand her long form birth certificate showing her parents names on it Correct
?

So to recap for you :

1. Grandmothers full birth certificate
2. Grandmothers marriage certificate for second marriage
3. Fathers full birth certificate
4. Fathers marriage certificate
5. Wife's full birth certificate
6. Wifes' marriage certificate

The marriage certificates are to show the flow in name changes for women. Divorce is irrelevant for Ancestry applications.

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Re: Expatriate family of a settled person visa

Post by CR001 » Mon Nov 09, 2015 5:09 pm

Shout if you need any further help. I did this route as did my parents, so at least have experience in it.
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