Returning to UK from Canada

[tretton 44]

Hello, I am new to this Forum and need some help. if anyone can ?

I am currently living in Canada as a Temporary Resident, applied through Spouse sponsership and have been given AIP 2 years ago, now coming towards the end of my PR application there are complications which I cannot discuss , which is leaving me no option to return the the uk.

I am an English Citizen , my Husband is Canadian , we have been married 3 years this October. My Husband lived with me in the UK before we came to Canada in 2006 ( not married then ) he lived with me in UK for approx 18 months before we left to come to Canada in 2008.

My question is how do we apply for my Husband to stay and live in the UK with me and work ?

Thanks in advance.

[geriatrix]

Settlement visa as spouse of a British citizen.
Supporting documents
Settlement (SET)
Maintenance and accommodation
3rd Party Support & Accommodation
Search the forum for information already available.

No restriction on employment when in UK on a spouse visa.

[tretton 44]

Thanks for your reply, I understand for my Husband to have ILR we have to have been married for 4 years. we have only been married close to 3 , but lived together 5, does this make a difference ?

What is the cost and can we pay all at once or not ?

[Greenie]

can you be clearer on your dates? How long have you lived together outside the UK.

[tretton 44]

can you be clearer on your dates? How long have you lived together outside the UK.

from 2006 - 2008 we lived in UK from 2008 till present we lived in Canada. it is just over 3 years we came to Canada .


I read on the UK border website , to apply for my hubby to stay he can only do this when his 6 months visa runs out, I know he dosent need a visa as he is Canadian , but he is allowed to remain in UK for 6 months at a time right ?

All I need to know is, can he stay in UK while applying inland for PR and work or does he need a work permit and dose this come with PR ?

Thanks.

[Greenie]

can you be clearer on your dates? How long have you lived together outside the UK.

from 2006 - 2008 we lived in UK from 2008 till present we lived in Canada. it is just over 3 years we came to Canada .


I read on the UK border website , to apply for my hubby to stay he can only do this when his 6 months visa runs out, I know he dosent need a visa as he is Canadian , but he is allowed to remain in UK for 6 months at a time right ?

All I need to know is, can he stay in UK while applying inland for PR and work or does he need a work permit and dose this come with PR ?

Thanks.

From the questions you are asking it appears you haven't read the information in the links provided above. Please read these and then come back if you haven't found answers to your questions.

[tretton 44]

can you be clearer on your dates? How long have you lived together outside the UK.

from 2006 - 2008 we lived in UK from 2008 till present we lived in Canada. it is just over 3 years we came to Canada .


I read on the UK border website , to apply for my hubby to stay he can only do this when his 6 months visa runs out, I know he dosent need a visa as he is Canadian , but he is allowed to remain in UK for 6 months at a time right ?

All I need to know is, can he stay in UK while applying inland for PR and work or does he need a work permit and dose this come with PR ?

Thanks.

From the questions you are asking it appears you haven't read the information in the links provided above. Please read these and then come back if you haven't found answers to your questions.

Its all very confusing , I will read again, Thanks.

[geriatrix]

The response above addressees the following query:

My question is how do we apply for my Husband to stay and live in the UK with me and work ?

The following are some basic requirements, applicable currently, that one must meet at the time of ILR application:

- currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
- have lived here for 2 years in this category; and
- are still planning to live together (and are still married or in a civil partnership, if applicable).

Immigration rules are subject to change(s) in the future, so these requirements may not remain the same when the time comes for your spouse to apply for ILR. And, ILR can only be applied for from within the UK.

[tretton 44]

The response above addressees the following query:

My question is how do we apply for my Husband to stay and live in the UK with me and work ?

The following are some basic requirements, applicable currently, that one must meet at the time of ILR application:

- currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-gender partner of a British citizen or a person settled here;
- have lived here for 2 years in this category; and
- are still planning to live together (and are still married or in a civil partnership, if applicable).

Immigration rules are subject to change(s) in the future, so these requirements may not remain the same when the time comes for your spouse to apply for ILR. And, ILR can only be applied for from within the UK.

Thanks for your help Ive been reading the UK border website and it pretty much sums up all my questions .

We will apply inland once we get there and go from there .

Thanks to all for being so helpfull, I hope one day someone can help you with your journey in life !


if it wernt for the UK border website where would I be now lol.

[Kitty]

Thanks for your help Ive been reading the UK border website and it pretty much sums up all my questions .

We will apply inland once we get there and go from there .

tretton 44, are you sure you've understood? As I understand it both you and your husband are in Canada at the moment. Your husband cannot come to the UK as a visitor and then apply for leave to remain as your spouse (and certainly not ILR).

He should apply from Canada to enter the UK as your spouse. After 2 years in the UK he can then apply for ILR.

[tretton 44]

Thanks for your help Ive been reading the UK border website and it pretty much sums up all my questions .

We will apply inland once we get there and go from there .

tretton 44, are you sure you've understood? As I understand it both you and your husband are in Canada at the moment. Your husband cannot come to the UK as a visitor and then apply for leave to remain as your spouse (and certainly not ILR).

He should apply from Canada to enter the UK as your spouse. After 2 years in the UK he can then apply for ILR.

I said its confusing LOL..we will apply from Canada then, why cant you apply inland ? is there specific reasons why ?

[tretton 44]

Thanks for your help Ive been reading the UK border website and it pretty much sums up all my questions .

We will apply inland once we get there and go from there .

tretton 44, are you sure you've understood? As I understand it both you and your husband are in Canada at the moment. Your husband cannot come to the UK as a visitor and then apply for leave to remain as your spouse (and certainly not ILR).

He should apply from Canada to enter the UK as your spouse. After 2 years in the UK he can then apply for ILR.

I said its confusing LOL..we will apply from Canada then, why cant you apply inland ? is there specific reasons why ?

I found we can apply inland here.

http://www.ukba.homeoffice.gov.uk/partn ... inside-uk/

[Greenie]

On what basis is your husband going to enter the UK?

[Kitty]

You can only "switch" from one visa category to another from inside the UK in certain circumstances. In order to switch to the spouse category, you must have been granted permission to enter or remain in the country for more than 6 months.

Canadians can only come to the UK without applying for a visa in advance if they are coming as "visitors". This would cause your husband two problems:

1. He cannot claim to be a "visitor" if his real intention is to stay in the UK with you. If questioned on arrival, he may be refused entry for this reason.

2. Permission to enter as a visitor is only granted for up to 6 months at a time. He therefore cannot "switch" into the spouse category from inside the UK.

[tretton 44]

OK , so as we said firstly we will apply from Canada, what if he is refused , is there an appeal process ?

Thanks guys.

[Greenie]

OK , so as we said firstly we will apply from Canada, what if he is refused , is there an appeal process ?

Thanks guys.

yes if he is refused he will have a right of appeal. Note as you have not been married and living together outside the UK for 4 years or more your husband will not qualify for indefinite leave to enter. If successful he would be granted 27 months leave to enter and be able to apply for indefinite leave to remain from within the UK once he has completed two years in the UK on that visa.

[Casa]

Will you be able to show that you will be self-supporting financially and have adequate accommodation available on arrival in the UK when your husband enters on a spouse visa? Apart from showing evidence of a genuine relationship, these are two of the main conditions in granting a spouse settlement visa.

[tretton 44]

Will you be able to show that you will be self-supporting financially and have adequate accommodation available on arrival in the UK when your husband enters on a spouse visa? Apart from showing evidence of a genuine relationship, these are two of the main conditions in granting a spouse settlement visa.

I will come home first and organise from there , we have a genuine relationship for sure, his name was on the bills before we moved to Canada , will also bring bills from Canada back to UK with me,