Family Questions - Please Help!

[thedonut]

So, I think it's likely best I apply for his passport immediately. I also think it might be worth my fiance and I getting married - in order for her to be able to work upon our return to the UK.

Unfortunately I don't think it will be possible to marry, you will need to apply for a CoA (certificate of approval) in order to marry, and u need three months left on the visa for that, and if u read here the HO is mostly very lackadaisical with these apps - plus time to arrange a marriage. Unless u r Anglican and the vicar is willing to marry you, then a CoE is not required.

Nightmare int it!

What about marrying in Canada? I'm a Permanent Resident in Canada.

Yup! no problem or even a quick trip to USA, they do really quick ones and marry anyone on any visa...

Then ur wife would make a spouse visa app in Canada, cost is the same I think, £585 in Canadian Dollars.

And the spousal application simply means that after the 10-20 days processing, she can come back to the UK with me and our son and work, etc?

[Wanderer]

Unfortunately I don't think it will be possible to marry, you will need to apply for a CoA (certificate of approval) in order to marry, and u need three months left on the visa for that, and if u read here the HO is mostly very lackadaisical with these apps - plus time to arrange a marriage. Unless u r Anglican and the vicar is willing to marry you, then a CoE is not required.

Nightmare int it!

What about marrying in Canada? I'm a Permanent Resident in Canada.

Yup! no problem or even a quick trip to USA, they do really quick ones and marry anyone on any visa...

Then ur wife would make a spouse visa app in Canada, cost is the same I think, £585 in Canadian Dollars.

And the spousal application simply means that after the 10-20 days processing, she can come back to the UK with me and our son and work, etc?

Yep, but best not to plan too tightly for it, sometimes apps can take longer especially if any further checks have to be made. If I where you I'd return alone and wait for the app to be processed and she and ur son come then, seems prudent to me.

Unless ur employer is ok with a potential long absence...?

[thedonut]

What about marrying in Canada? I'm a Permanent Resident in Canada.

Yup! no problem or even a quick trip to USA, they do really quick ones and marry anyone on any visa...

Then ur wife would make a spouse visa app in Canada, cost is the same I think, £585 in Canadian Dollars.

And the spousal application simply means that after the 10-20 days processing, she can come back to the UK with me and our son and work, etc?

Yep, but best not to plan too tightly for it, sometimes apps can take longer especially if any further checks have to be made. If I where you I'd return alone and wait for the app to be processed and she and ur son come then, seems prudent to me.

Unless ur employer is ok with a potential long absence...?

I'll be able to work remotely, fortunately.

[John]

thedonut, get a British passport application form from a Post Office. It will simplify matters considerably, and save you a lot of money. That is, the application for the British passport is significantly less than the cost of a Child Settlement visa. And your son has a right to the British passport, but a visa application is "at discretion". Don't complicate matters.

As already said, both Canada and the UK allow dual nationality. So no problem using the British passport to leave and re-enter the UK, and the Canadian one to re-enter and leave Canada.

You have applied for Child Benefit for your son? And also Tax Credits?

[thedonut]

thedonut, get a British passport application form from a Post Office. It will simplify matters considerably, and save you a lot of money. That is, the application for the British passport is significantly less than the cost of a Child Settlement visa. And your son has a right to the British passport, but a visa application is "at discretion". Don't complicate matters.

As already said, both Canada and the UK allow dual nationality. So no problem using the British passport to leave and re-enter the UK, and the Canadian one to re-enter and leave Canada.

You have applied for Child Benefit for your son? And also Tax Credits?

I haven't yet and was unaware I was eligible.

The help here has been outstanding as it most appreciated.

[geriatrix]

A first child passport costs £49 for standard service and £96.50 for the one-week Fast Track service.

regards

[geriatrix]

So, I think it's likely best I apply for his passport immediately. I also think it might be worth my fiance and I getting married - in order for her to be able to work upon our return to the UK.

Unfortunately I don't think it will be possible to marry, you will need to apply for a CoA (certificate of approval) in order to marry, and u need three months left on the visa for that, and if u read here the HO is mostly very lackadaisical with these apps - plus time to arrange a marriage. Unless u r Anglican and the vicar is willing to marry you, then a CoE is not required.

Nightmare int it!

See Had enough of waiting for COA.

regards

[thedonut]

Can I apply using the Unmarried or Same Sex Partner visa? As opposed to getting married in Canada.

[Wanderer]

Can I apply using the Unmarried or Same gender Partner visa? As opposed to getting married in Canada.

Yes but I think it's four years cohab if abroad and very strictly applied, don't think they will make exceptions, u need 100% proof, lots of docs...

Plus it's a longer path to UK citizenship for ur partner.

[thedonut]

Can I apply using the Unmarried or Same gender Partner visa? As opposed to getting married in Canada.

Yes but I think it's four years cohab if abroad and very strictly applied, don't think they will make exceptions, u need 100% proof, lots of docs...

Plus it's a longer path to UK citizenship for ur partner.

HO site says 2 years - we have a joint lease agreement proving we have lived together for more than that in Canada - as well as bank statements, bills.

[Wanderer]

Can I apply using the Unmarried or Same gender Partner visa? As opposed to getting married in Canada.

Yes but I think it's four years cohab if abroad and very strictly applied, don't think they will make exceptions, u need 100% proof, lots of docs...

Plus it's a longer path to UK citizenship for ur partner.

HO site says 2 years - we have a joint lease agreement proving we have lived together for more than that in Canada - as well as bank statements, bills.

Two years in UK....

[midget]

My boyfriend just got his UPV and we haven't lived together for 2 years in UK - we submitted 3.5 years proof but that was 18 months in UK and 2 years in our home country.

From my reading of the notes at the time we applied (Dec 2009 - and I could be completely wrong) the country you lived in was only relevant if you were claiming immediate ILR based on 4 years together, in which case it had to be 4 years completely outside the UK.

[thedonut]

As per the site:

http://www.ukvisas.gov.uk/en/howtoapply ... artners#Q5

It states 2 years, however that only gives my partner 2 years to work/live at which time she must apply for ILR. However, if we've lived together for 4+ then she can apply immediately for ILR.

Am I right in understanding this?

[Wanderer]

As per the site:

http://www.ukvisas.gov.uk/en/howtoapply ... artners#Q5

It states 2 years, however that only gives my partner 2 years to work/live at which time she must apply for ILR. However, if we've lived together for 4+ then she can apply immediately for ILR.

Am I right in understanding this?

Yes, ur right, i was wrong.

But bear in mind the UPV is very closely scrutinised - u will need a lot of documentary evidence from impecciable sources, it can easily be refused if you make a simple error.

But if u have the evidence - go for it! It will take longer than the 10-20 days tho, see above.

[thedonut]

As per the site:

http://www.ukvisas.gov.uk/en/howtoapply ... artners#Q5

It states 2 years, however that only gives my partner 2 years to work/live at which time she must apply for ILR. However, if we've lived together for 4+ then she can apply immediately for ILR.

Am I right in understanding this?

Yes, ur right, i was wrong.

But bear in mind the UPV is very closely scrutinised - u will need a lot of documentary evidence from impecciable sources, it can easily be refused if you make a simple error.

But if u have the evidence - go for it! It will take longer than the 10-20 days tho, see above.

Why would the application take longer than the times stated on the website (processing times at Ottawa/Canada)?

We have our lease agreement and joint bank statements proving we've been together for almost 3 years now. Should that suffice?

[thedonut]

If we applied using the fiancee visa, how do we prove that we plan to marry in 6 months?