The straight answer on my husband's entry?

[nohinsara]

I am fairly new to all of this. The more I read on various websites, the more I get confused.

I am dual national, British and Canadian, holding both passports. I live here in Canada. Married a Canadian man. We now have a baby boy as well.

First question - I understand my husband needs to get a visa to enter the UK with me. What I don't understand is how to get around the fact that we have no address in the UK. How can one get a flat there, when we don't have a job there? Can't get a job because we don't have a visa to work.

Second question - What about my son?

Any help would be really appreciated. I'm at my wit's end with this!

[Wanderer]

I am fairly new to all of this. The more I read on various websites, the more I get confused.

I am dual national, British and Canadian, holding both passports. I live here in Canada. Married a Canadian man. We now have a baby boy as well.

First question - I understand my husband needs to get a visa to enter the UK with me. What I don't understand is how to get around the fact that we have no address in the UK. How can one get a flat there, when we don't have a job there? Can't get a job because we don't have a visa to work.

Second question - What about my son?

Any help would be really appreciated. I'm at my wit's end with this! :x

You can work no visa for that. Ur husband would nned a spouse visa before entering UK - he can work on that.

But you'd still need to prove you had enough finances and some accomodation large enough for all of you before entering UK.

Best plan would be for you to come to UK, find a job, get some accom, apply for spouse visa for ur husband when you've settled.

As for ur kid, I think he'd need a visa too since he is British by Decent. Not sure about this tho!

I'm no expert but I've startedthe ball rolling for u!

[jazbaati99]

Hiya

Are you a british citizen by birth? I'm asking because if you are british by birth your son is british by decent and you can go ahead and apply a british passport for him. Can you please let us know how you attained your british citizenship.

[nohinsara]

Hi there,

I am British by decent as I was born here (Canada) and claimed citizenship through my father. Does that mean my Son doesn't get to claim citizenship?

[Directive/2004/38/EC]

Exactly how old is your son right now?
What is it you want to do in the UK?

If you want to visit, then your husband does not need any visa. If you want to move to the UK, then he will need to apply for a visa, but it should be relatively straight forward.

You do not need to be in the UK to make an application. A good example of the process is at http://www.immigrationboards.com/viewtopic.php?t=13988

[nohinsara]

My son is 7 months old. That's one reason why I couldn't go over and set up house for my husband and him to come over. I couldn't stand to be away from him

I want to us to move back to the UK and live and work there for either the rest of our natural lives, or as long as my husband can cope with living there. I'm hoping he will love it and never look back, but it might end up being a compromise of about 5 years.

I will check out that link... and see what's involved in getting the visa. It's comforting to know it "should" be very straight forward at least.... thank you.

[Directive/2004/38/EC]

My son is 7 months old

Congratulations! There is no need to do anything away from your husband and child!

A few questions:
Where were you born? If you were born outside of the UK, have you lived in the UK for at least 3 years?

I ask because your son may be already a British citizen. If he is not already, he may be able to get citizenship easily if you act before he turns one.

[nohinsara]

Congratulations! And there is no need to do things apart from your husband and child!

Thank you! And thank God for that. I just know I couldn't ever be apart from them.

A few questions:
Where were you born? If you were born outside of the UK, have you lived in the UK for at least 3 years?

I was born here in Canada, unfortunately. And no, I didn't have the chance to live in the UK for 3 years. Only 8 months. Long story... I wanted to stay longer, but ended up having to come back.

I ask because your son may be already a British citizen. If he is not already, he may be able to get citizenship easily if you act before he turns one

So I guess this doesn't apply if I didn't live in the UK for at least three years? I didn't... so is my son out of luck?

[Directive/2004/38/EC]

I was born here in Canada, unfortunately.

For the purposes of this discussion, I agree.

So I guess this doesn't apply if I didn't live in the UK for at least three years? I didn't... so is my son out of luck?

The simple option does not apply for him, though there may be others (British citizenship law is very complex). It is worth calling the embassy to talk with them and see if they have any ideas.

Your son may be able to relatively easily get citizenship if he moves to the UK (see http://en.wikipedia.org/wiki/British_na ... sh_citizen).

[nohinsara]

nohinsara wrote:
I was born here in Canada, unfortunately.

For the purposes of this discussion, I agree.

I agree with that statement for more than just the purposes of this discussion! But that's for another thread.

The simple option does not apply for him, though there may be others (British citizenship law is very complex). It is worth calling the embassy to talk with them and see if they have any ideas.

I will do this, thank you.

From what I can tell this applies to me (please please if I'm wrong someone correct me!):

How can my family come to live with me in the UK?
Non-EEA family members must get an EEA family permit before they travel to the UK if they are visa nationals, or if they are coming to live with you permanently or on a long-term basis. If they try to enter the UK for this purpose without an EEA family permit, we may refuse them.

What I can't find anywhere is where specifically I go to get more information on this permit for my husband and son, and if and when the darn thing expires or if it only works within a window of time. It does say it's free, so that's one good thing at least. I'm assuming I would have to do it through the British Embassy in Ottawa.
I don't know when and if we will be able to go to the UK, so I'm wondering if this permit works like a Visa having an expiration date.

[nohinsara]

Am I right to guess that it's the VAF 2 (for settlement) that I - or rather my Husband and Son - need to fill out for this EEA Family Permit? Does anyone know if it expires at any point once the permit is issued?

[JAJ]

The simple option does not apply for him, though there may be others (British citizenship law is very complex). It is worth calling the embassy to talk with them and see if they have any ideas.

Your son may be able to relatively easily get citizenship if he moves to the UK (see http://en.wikipedia.org/wiki/British_na ... sh_citizen).

The normal way to get British citizenship for a child in this situation is for whole family to live in the UK for 3 years and then apply to register the child as British under section 3(5) of the British Nationality Act.

This is good for the child as it gives British citizenship otherwise than by descent.

Husband can be naturalised British also after 3 years. This means that future children born in Canada would also be British citizens automatically.

[JAJ]

Am I right to guess that it's the VAF 2 (for settlement) that I - or rather my Husband and Son - need to fill out for this EEA Family Permit? Does anyone know if it expires at any point once the permit is issued?

Coming from Canada, unless you hold the citizenship of another EEA state or Switzerland, forget the "EEA Family Permit".

You need to sponsor for a spouse visa instead.

[nohinsara]

WHAT?! I spent all day on this... I have an EU nationality because I have a British Passport.... I thought that was enough. As far as I could tell from the UKVisas website it was ok - am I not an EEA national then?!?

You asked if a national of Canada needs a visa to come to the UK as a non EEA/Swiss family member of an EEA/Swiss national

Eligible family members of EEA and Swiss citizens are allowed to live freely in the UK with their EEA/Swiss family member. If you want to come for more than 6 months with your EEA family member, you will need an EEA Family Permit. This is similar to a visa, but is issued free of charge.

Eligible family members are defined in the EEA Regulations as:

* the spouse of an EEA national, excluding a person who is party to a marriage of convenience
* a descendant (child or grandchild) of an EEA national or his/her spouse who is 21 years of age or is their dependant (this includes stepchildren or adopted children)
* a dependant in the ascending line (ie parents or grandparents) of an EEA national or his/her spouse

I can't get a sponsor... I don't have any family that I know over there

[Directive/2004/38/EC]

If you need a sponsor, you need only look in your mirror. You are the sponsor.

I would rephrase JAJ's words slightly. "You will need to sponsor your husband for a spouse visa instead."

Your situation is very similar to the couple in Ottawa who are moving to the UK. http://www.immigrationboards.com/viewtopic.php?t=13988 They applied under the UK rules in the end and were processed in 2 days.

EU/EEA rules typically apply to a UK citizen only when that citizen is going to another EU country or returning from an EU country to the UK.

[nohinsara]

Directive/2004/38/EC - I had no idea I could be the sponsor! - even if I'm going over at the same time as my husband? How could I sponsor him if I had no job or flat?

I read that other thread about the other couple. I'm just wondering if the Spousal Visa would allow my husband to work right away when we arrived in the UK, or if he would have to wait 6 months or something.

Thank you for clearing that up about the EEA Family thing, I had no idea it was from one EEA country to another... It's not very clear on the website.

[nohinsara]

This is my problem - I don't understand what this part of the UKvisas website is trying to tell me. Here is says:

Guidance - Husbands, wives and partners (INF 4)

Can I join my husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK?
You can apply to join your husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK as long as:

-they currently live and are settled in the UK, or
-they are coming to live permanently in the UK, and
-they are not under 18

All well and good... seems fine, that means we could come together right? I wouldn't have to come and settle first (Which I cannot do because of my son). But then there's this:

How do I qualify to join my husband, wife or civil partner in the UK?
You must show that:

-you are legally married to each other or are in a civil partnership recognized in the UK
-your husband, wife or civil partner is present and settled in the UK (see below) you both intend to live together permanently as husband and wife or as civil partners
-you have met each other before
-together you can support yourselves and any Dependants without any help from public funds
-you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your Dependants can live without any help from public funds
-your husband, wife or civil partner is not under 18, and
-you are not under 18.

What does "present and settled" mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. "Present and settled" means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

I am having a lot of trouble understanding that last bit about present and settled. It seems to first imply I must be exactly what present and settled would logically mean - in the UK, set up and waiting for my husband to come over.
But I have that last bit in bold because it confuses me -

"is in the UK or is coming here with you".

That seems to contradict what I would think present and settled means. I would think that THAT means that it would be ok if Mark applies for his husband visa in Canada, gets it, we pick up and leave Canada together, arrive at Heathrow together, he goes through his line up and I go through mine, he tells them that yes, I came here with him from Canada but I'm a British Citizen without a flat in London, and they'd say OK?
It seems unlikely as they have specified Present and settled.

Am I taking crazy pills here?

Perhaps there is another visa that my husband could apply for initially - such as the working holiday visa - and then whilst in the UK together he could apply for a spousal? Of course, it's sure not going to look good if my husband comes through the line up with my son and a working holiday visa, nor would I have a easy time of it if I took my son through the line up with me on the EU national side. I'll bet I would have to face questions about where the father was and if I had consent etc.

There has to be an answer to all this.

[JAJ]

The bottom line is that British citizens routinely sponsor for spouse visas without needing to be living in the UK. As long as you can show you intend to settle in the UK and won't need public funds, this usually will be accepted.

Arriving at a UK port of entry, they won't care as long as they see the right visa in your husband's and child's passports.

It really depends on how complicated you want to make all of this.

[nohinsara]

So I just need to have a place for us to stay and money and we should be fine I guess.

I'm not trying to make it complicated.... I'm trying to make sure I have a "water-tight" case to present to my husband. If there is anything to be worried about, if things aren't straight forward, then it's not likely we will be going. Have to cover all the bases.