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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am Canadian, my sister is a British Citizen. I plan to go

Resolved Question:

I am Canadian, my sister is a British Citizen. I plan to go visit and stay up to 6 months.(I do not need a visa for that). Within this period of time, can I get a visa if I apply to stay with her family? My sister does not work, so she can not sponsor me, but I can work and support myself (I am single).

As a visitor, can I apply for a job?

Do you think it is easier to apply now from Canada to join a family member for a long stay, or would that be better to apply to remain in the UK while I will be there? Which option do you think would work better.

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Can you first please tell me if you have eddie british grandparents?
Kind regards
Tom
Customer: replied 1 year ago.

No.

Customer: replied 1 year ago.

I do not have any British grandparents.

Expert:  Thomas replied 1 year ago.
Hi,
Thanks.
How did your sister obtain UK citizenship please?
Tom
Customer: replied 1 year ago.

She studied there, then got married to a man who setteld and worked in London and got himself his British citizenship. After havinf lived for almost 10 years there, she got hers for being married to a citizen, I guess.

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, if you are an independent adult who can carry out day to day tasks on your own your sister’s citizenship does not really help you.
This is because a brother/sister relationship is not one on which you can base an visa application unless you are dependent (ie from a “care” perspective because you cannot carry out day to day tasks). Assuming that you are not a dependent you cannot rely on your sister to sponsor you for a long term visa.
Assuming that you do not have access to £200, 000.00 for investment in the UK economy but you wish to get a work visa then your best bet would be for a Tier 2 Sponsored Skilled Worker visa
This means that you would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if there is a job that you could do in the UK on the shortage occupation list:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf
If your job is not on this list then this means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the home office that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role,.
You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
https://www.gov.uk/tier-2-general/eligibility
The only other long-term work visas available are exception talent visas but this are extremely limited:-
https://www.gov.uk/tier-1-exceptional-talent/overview
I really am sorry that there are not more options for you, but the rules are very restrictive at the moment.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Thank you for your answer, Tom.

When you say she can not sponsor me, do you mean that I can not apply to join family (as family of a settled person visa?)?

You did not say if I could work within the 6 month-visit I plan.

Expert:  Thomas replied 1 year ago.
Hi,
Correct. She cannot sponsor for the purpose of applying as family of a settled person.
You cannot work whilst in the UK on your visit visa, it would be a breach of the immigration rules and it would detrimentally impact your future chances of entering the UK.
You cannot also apply to switch to another form of visa whilst you are in the Uk on a visit visa, you must leave the Uk and apply from Canada first.
Again, I am sorry.
Tom
Customer: replied 1 year ago.

Thank you Tom.

I apologize for the delay, but you must know that you are six hours ahead, what makes effective communication a bit challenging.

Thank you for letting me ask for more clarification.

What if I go visit, meet with some potential future employer, come back to Canada, and apply here for a work permit.

Do you think this would work?

Thank you, ***** *****

Souhila.

Expert:  Thomas replied 1 year ago.
Hi
Yes, that will be fine. You can interview and then return to canada to apply for your visa.
Kind regards
Tom
Customer: replied 1 year ago.

Hi Tom,

Am I allowed to get married to a British Citizen and apply for a spouse visa within the uk?

Do I have to leave the UK and apply from Canada?

Can I apply from Algeria, my country of origin?

Thank you Tom!

Souhila

Expert:  Thomas replied 1 year ago.
Hi.
You cannot apply for a spouse visa whilst in the UK if you only have a visit visa.
If you intend to marry whilst visiting in the UK but will then return home to apply for a spouse visa then you should apply for a marriage visit visa:
https://www.gov.uk/marriage-visa/overview
You must apply from the country in which you a normally residence (ie. the country where up until this point you normally live),
You will agree that I have answered your original question now.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

yes, totally.

Thank you, Tom!

Souhila.

Expert:  Thomas replied 1 year ago.
No problem.
Tom

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