working holiday maker needs further leave to remain here UK

[vegangiant]

hello

I am hoping someone can help us.

I am british and my wife is canadian. We have been together for over 2 years and married for just over a year. We are a same sex couple.

My wife is here on a working holiday makers visa which expires november 2005.

We are applying to immigrate back to canada but we might not have the all clear before her visa runs out.

Is there anyway of getting a extension to her status while we wait?

Eventually, in the future, we will want to return to the UK to live and we dont want to start a process here for permanent residency if it will jepordise our future application.

If you could offer us any advice we would really appreciate it.

Thank you.

[John]

The two of you have already lived together for at least two years? And you can prove it? If so an unmarried partner's visa would probably be what to apply for.

You say marriage .... in what country? But please appreciate that the UK is not going to allow same-sex marriages here, although a Civil Partnership is not much different. But even Civil Partnerships will not happen in the UK until December this year. And the immigration rules have not yet been changed to accommodate Civil Partnerships, although they will be changed no later than December.

The more I think about this the more I realise this is quite complex. Unmarried partner's visa for someone who is married (but probably not recognised as married by UK law)? Other opinions especially welcome.

[vegangiant]

Thanks for that.

Yes, we can prove we have been together for 2 years.

We were married in Canada in 2004. When we got married only certain provinces within canada recognised same sex marriage, but now (as og june05) the whole of canada does, like Belgium, Netherlands and Spain.

I also thought I read somewhere that UK immigration recognises marriages from countries where same sex marriage is legal and recognised across those countries.

If we apply for the unmarried partner visa what terms could she stay on? Would she be able to continue working?

Any help much appreciated.

Thanks

[John]

The "does the UK recognise an overseas same-sex marriage" point .... I shall leave others to comment upon that.

An unmarried partner's visa? Yes, apart from having a "No recourse to Public Funds" restriction, it always lots of rights and certainly the right to work.