Want to bring Iranian girlfriend to Scotland

[fitter_happier]

Hello,

I am a British citizen. I've been living in Toronto, Canada since June 2015. I've been a Permanent Resident of Canada since October 2017.

I met an Iranian girl here last year who is currently in the middle of trying to get her permanent residency status for Canada too. We hope she has it by the end of this year.

I actually have a very strong desire to leave Canada and move back home to Scotland and settle down. My girlfriend is willing to come with me but we're trying to find the easiest path there. I'm really hoping to be back living in the UK with her by no later than 2021. Preferably it would be early 2020 though.

I've been looking at a few options. I'm not sure which is best though. I have been reading about the "Fiancee Visa" (technically I think it's called the “Family of a Settled Person Visa”?) and also the "Spouse Visa". I am not too sure which would be best in our situation. I'm a little worried about the "living together for 2 year" rule though because we haven't been living together and the time frame I want to move back in won't allow that to be satisfied either.I read on one forum the 2 year living together rule was enforced but also reading on other sites that it's not so I'm a bit confused about that part.

Currently, we aren't engaged but certainly considering it if it means allowing us to stay together.

I read on a forum that the Spouse Visa would be the cheaper option because with the Fiancee visa there's 2 different visas (you apply for it first, then go to the UK, marry within 6 months, then apply again for the 'further leave to remain' visa). So I'm thinking we could just marry in Canada and then apply for the spouse visa and pay the fees once. Also the Spouse Visa would allow her to work straight away unlike the Fiancee Visa. I believe she'll need to pass the IELTS "Life Skills Level A1" too before we start to fill in the application. I also understand that I'll need to be earning £18,600 per year or more and have suitable accommodation for us. So I would need to move back and settle down a bit first before she was to join me. From my understanding, once I have moved back to the UK, got a job, earning the minimum amount, we would then apply for the spouse visa. So it would mean being apart for some time. That is also one of our concerns.

One other thing I wanted to mention - I don't know if this is going to be an issue or not but because of her situation she has applied for Canadian Permanent Residency as a Refugee. This means that when she gets her Canadian PR she will not have an actual passport (Iranian passport was taken when her application was made) but she will be issued travel documents and a Canadian Permanent Residency card.

If anyone has any tips or information that would be useful I'd really appreciate it.

[physicskate]

The two year cohabitation rule is very strict but it ONLY applies to unmarried partners. If you marry, you would apply for the spouse visa (this is the path I would recommend if in a genuine subsisting relationship but not having cohabitated - if you don't want to marry, perhaps the relationship isn't as secure as it needs to be for her to be your dependent for five years?). If you intend to marry in the UK within 6 months of her arrival, you apply for the fiance visa - and you're right; this requires two very expensive applications in a short space of time.

If you currently earn over £18,600 AND have a job offer at that salary level starting within 3 months of your intended arrival to the UK, you don't need to be separated. You would then be able to move together to the UK after she has applied for and been granted the visa. You could apply under Category B of the financial requirement (there are 7 categories with additional sub-categories).

I can't comment on the refugee status, as this is outside my area of knowledge.

[fitter_happier]

Thank you so much! I didn't realize I could be earning more than £18,600 in another country. I earn more than this but in Toronto. The spouse visa is looking preferable for sure and it's good we can keep our separation time to a minimum. Thanks again.

[seagul]

Thank you so much! I didn't realize I could be earning more than £18,600 in another country. I earn more than this but in Toronto. The spouse visa is looking preferable for sure and it's good we can keep our separation time to a minimum. Thanks again.

Apart of earning £18600 in Canada you must have a job offer too going to commence within 3 months after arriving UK to allow that faster route.