Would this work? How long does it take?

[pickles]

Hello all,

It appears that my unmarried partner and I do not meet the financial requirements for the unmarried partner visa. I have been in teacher training for the last year and begin employment in September, and she doesn't earn enough.

If we get married, and she returns to Canada for six months, can she apply from there for a spousal visa?

Does anyone know how long the application from Canada takes?

[Lucapooka]

You can get married and apply at any time (any time that you have sufficient financial resources to meet the requirement). Additionally, periods apart of up to six months are still acceptable in the unmarried partner category.

[pickles]

You can get married and apply at any time (any time that you have sufficient financial resources to meet the requirement). Additionally, periods apart of up to six months are still acceptable in the unmarried partner category.

It's the financial resources that are the issue, I need to have been earning over 18k for six months.
Because I don't know how long a visa application from Canada takes I guess we should get married.
In all honesty the only reason we're not married is that we wanted to save for a big wedding once I start earning.

[MPH80]

Pickles - keep in mind that marrying doesn't stop the financial requirement!

You'd still have to have been earning for 6 months.

There are 4 options going forward:

1) Both move to canada under some canadian visa if possible

2) Wait 6 months, marry in Canada, apply for spouse visa

3) Wait 6 months, try to get an unmarried partner visa, but if you wait too long this might be not accepted.

4) Wait 6 months, get a fiancee visa (the £850 one - not the cheap visitor one), come here and get married, change in country to a spouse visa.

There is also option 5 - move to an EU country (say Ireland) - exercise your treaty rights by working, bring your partner there first, wait for 3-6 months to ensure your treaty rights are being exercised and then re-enter the UK using a family permit.

Option 5 probably gives you more time together during that 6 months, but is more complex and involves giving up your new job with no guarantee of finding work in Ireland (or whereever).

M.

[pickles]

Pickles - keep in mind that marrying doesn't stop the financial requirement!

You'd still have to have been earning for 6 months.

There are 4 options going forward:

1) Both move to canada under some canadian visa if possible

2) Wait 6 months, marry in Canada, apply for spouse visa

3) Wait 6 months, try to get an unmarried partner visa, but if you wait too long this might be not accepted.

4) Wait 6 months, get a fiancee visa (the £850 one - not the cheap visitor one), come here and get married, change in country to a spouse visa.

There is also option 5 - move to an EU country (say Ireland) - exercise your treaty rights by working, bring your partner there first, wait for 3-6 months to ensure your treaty rights are being exercised and then re-enter the UK using a family permit.

Option 5 probably gives you more time together during that 6 months, but is more complex and involves giving up your new job with no guarantee of finding work in Ireland (or whereever).

M.

So you're saying that it is not an option to get married first, have her wait in Canada while I work in my new employment for six months, and then apply to bring her back over. The way I understood it was that if I have six months evidence of earning over 18,600 then I don't need any other proof of financial security, is this wrong?

[MPH80]

Ok - yes - that is an option, but I assumed you'd prefer not to start married life apart, not to rush the prep of the wedding.

M.

[pickles]

Ok - yes - that is an option, but I assumed you'd prefer not to start married life apart, not to rush the prep of the wedding.

M.

It currently looks like that's exactly what we'll do, have a low key marriage ceremony, then she's going to volunteer in Ethiopia at a school for six months (she has contacts), pop back to Canada for a month and apply from there. UKBA were really helpful, apparently the process takes a matter of weeks in Ontario, so I should have her back in spring. It's not ideal by any means, but it seems a fair way of turning this fiasco into something positive. This will leave me with the task of arranging a big wedding ceremony for her to come back to!!
What a morning!!
Thank you for your advice, you've been really helpful.