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Spouse/Settlement Visa for Canadian

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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freyap
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Posts: 3
Joined: Fri May 30, 2008 7:12 pm

Spouse/Settlement Visa for Canadian

Post by freyap » Fri May 30, 2008 7:20 pm

Hi

I'm really looking for some help on a few questions that I can't seem to answer.

My husband is Canadian and I am a British Citizen, we have been living in Canada for the last 16 months, but we are now starting a family and wish to return to the UK for the support from my family.

We are trying to secure my husband a job, he has several interviews already, and I will be too pregnant to work. We have the finances to rent or buy a home, but until he has a job we don't know where we will be located.

My questions is this, are we able to temporarily live with family? Or must we have our own place setup already, where only my husband and I will live. Also can we move address right away, once we have entered the UK?

Do they contact the applicants current employer, it's just he doesn't want to give his notice just yet.

Once you've received your visa are you able to amend your stated departure date?

Sorry to ask so many questions, I just want to make sure we have all the information before we proceed.

I would really appreciate help from anyone, thank you so much.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat May 31, 2008 1:56 am

13.5 - Spouses/civil partners and how they qualify wrote:Guidance on how to assess the above qualifications is given in the remainder of this chapter except for that on maintenance and accommodation which is given in Chapter 9
9.9 - Determining whether the couple legally own or exclusively occupy the accommodation wrote:If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.
What will happen when I make my application? wrote:If you have been granted entry clearance as a husband, wife, civil partner, or unmarried or same-sex partner, you will need to enter the UK within 28 days of the start date shown on your visa. You should tell the Entry Clearance Officer the exact date on which you will be travelling before your visa is issued. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately).
If my travel plans are delayed, can the validity of my visa be changed?

After entry, read requirements of form SET(M) and KOL as soon as possible.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

freyap
Newly Registered
Posts: 3
Joined: Fri May 30, 2008 7:12 pm

Post by freyap » Thu Jun 05, 2008 12:28 am

Thank you for taking time to respond to my post Vinny, the information was very helpful.

I have a few further questions regarding my status as a British Citizen, I have read the following extract from the links you gave:

Sponsors may be British Citizens. Strictly speaking, a British Citizen who has been resident abroad but who returns to the United Kingdom to live is not ‘admitted for settlement’. However, if he or she expresses the intention of returning to the United Kingdom to reside, you can regard him/her as present and settled here.

My situation as I stated previously, is that I had been away from the UK for 16 mths, before I returned in April to try and organise things for our return. I stayed in the UK for a month and a half, and then returned to Canada to assist with our move back to the UK.

My understanding from the statement is that I am entitled to return to the UK and will be looked upon as an individual who is present and settled, am I right in stating that?

If my husband will be working, and I can show that I have more than adequate funds for housing etc (either to buy or rent a place), and he too has savings, will it be okay for me not to be working as the sponsor, or could this be looked upon as an issue?

Any advice would be great, many thanks.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Jun 05, 2008 2:24 am

freyap wrote:My understanding from the statement is that I am entitled to return to the UK and will be looked upon as an individual who is present and settled, am I right in stating that?
I think so.
freyap wrote:If my husband will be working, and I can show that I have more than adequate funds for housing etc (either to buy or rent a place), and he too has savings, will it be okay for me not to be working as the sponsor, or could this be looked upon as an issue?
It should be okay. See also Sponsors Financial Situation -URGENT HELP NEEDED!!!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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