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Confused on what visa to apply for! Messy!

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Chappo1
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Joined: Wed Jan 20, 2016 2:36 am

Confused on what visa to apply for! Messy!

Post by Chappo1 » Wed Jan 20, 2016 2:53 am

Here is a background of our not so simple life haha!

My wife, Janelle, is Canadian citizen and I am British citizen with a permanent residence visa to reside in Canada. We currently live in Canada but are looking to re-locate back to England.
We were married in 2011 and have been together since 2005.
We have a two year old daughter, Mason, who was born in England and holds a British passport.
We have recently just found out that we a going to be having our second child that is due on May 15th 2016.


From what we understand my wife would need to complete the 'apply to join family living in the U.K, accompanied by the financial requirement form.' But this I am not certain on as I the British citizen currently reside in Canada.

Another of our biggest questions is the financial requirement document. Is the financial requirements based on myself the British citizen or is it based on my wife the Canadian citizen? Or both?
Also who does our daughter fall under for the increased threshold requirement? Is it myself because she was born in England and is a British citizen?

Another big hurdle for us is that I am currently off work being paid by my private benefits as I obtained a knee injury and am waiting for surgery. Will they consider the salary I was on before the injury as I will be able to return to the same line of work after my surgery is complete? Or is there any exceptions for disability within the financial requirements?

As I'm sure most immigration cases are, we are not quite a straight forward application. We thank you in advance for your time and any guidance you can provide us with.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Confused on what visa to apply for! Messy!

Post by vinny » Wed Jan 20, 2016 3:03 am

Unfortunately,
A case of tough love wrote:Only the income of the UK-based sponsor will count. This means that if the foreign partner is the main or sole earner, the couple cannot live together in the UK, no matter how much the foreign partner owns. Imagine you are the British wife of a high earning foreign banker. Tough!
Fortunately, UK citizen children will not add to the financial requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Re: Confused on what visa to apply for! Messy!

Post by Casa » Wed Jan 20, 2016 10:21 am

You would have to show that as the sponsor you have been earning the equivalent of £18,600 per annum in Canada in the 12 months prior to submitting your wife's settlement visa and have a job offer in the UK confirmed in writing to start within 3 months of arrival. The UK job would also need an annual salary of £18,600. Proof of adequate accommodation must be available for you all on arrival.
Alternatively, you would have to re-locate to the UK ahead of your family and apply for the spouse settlement visa once you have been earning the £18,600 pro rata for 6 months.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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