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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My wife and I live in Toronto Canada (married years),

Customer Question

my wife and I live in Toronto Canada (married for 15 years), I am a Canadian Citizen and she was born in the UK and also has Canadian citizenship. We are both IT professionals. We travel to the UK on vacation every year. We would like to move permanently to London. How do we go about this? I know so far that she will have to sponsor me ... Regards Alex

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Alex,
Thanks for your question. I assume that your wife has UK citizenship and a UK passport. Please let me know if she doesn't
There is a financial requirement for the type of visa that you must apply for.
Does your wife earn more than £18600 per annum?
Do you have more than £62500 between you in cash savings?
Kind regards
Tom
Customer: replied 2 years ago.

Yes she has UK citizenship and a UK passport

We both earn considerably more the 18600 UK (100000+ CAN)

Our savings are not in that range 62500 UK will be 120000 CAN ... no there yet. We do however own a condominium valued over 1 million CAN

Regards,

Alex

Expert:  Thomas replied 2 years ago.
Thanks. Drafting your answer now. 5-10 mins please.
Kind regards.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
You will need to apply for a spouses visa (ie. Settlement) if are to come here to settle permanently.
The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

If you sell your property before you apply for the spouse so that you have over the £62500gbp in your account then you can apply on the basis of meeting the financial requirement by cash savings alone, which means that you would not have to demonstrate any income element.
If you do not hold the requisite cash savings amount when you apply then you will have to meet it by income. See section 5.2 of the financial requirement guidance above, but this will mean that your wife will have to show that she is employed in Canada at a salary above £18600 gbp pa and has been for 6 months. In addition she will also have to obtain a job off form a uK employer offering employment at a salary above £18600 pa to start within 3 months of the date you apply for your spouse visa.
He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.
You can find Uk immigration solicitors through the following Law Society Website search engine and I would consider instructing one to prepare your application because it can be quite complicated:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
The visa will be granted for a period of 33 months. You will have to apply for further leave to remain at the end of this time. You can apply for indefinite leave to remain once he has been here for 5 years. After that you can apply to be naturalised as a UK citizen if you wish
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 2 years ago.

Thank so much for a most excellent reply, you provided everything I need.

Best regards,

Alex

Expert:  Thomas replied 2 years ago.
Thanks. Good luck, Alex.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Tom
Just one more question
Do I need to apply from Canada?
and lets say I am approved, how long do I have (time)
to move to the Uk permanently?
As you can imagine logistics will become an issue
Are you able to elaborate on timelines?
We are thinking of my wife going first since she already spoke with some
potential employers
When will I be able to go and search for work?
thank you
regards
Alex
Expert:  Thomas replied 2 years ago.
Hi,
Yes, you would have to apply from Canada.
If approved, your would get 27 months stamped on your visa. You would be expected to move the to the within 3 months of getting the visa but you would probably still be fine to travel up to 6 months after actually getting it.
If your wife travels to the UK before you apply for your visa then that would be a mistake, she would then have to get a job with a UK employer and receive a salary from it for 6 months before you apply. It would delay your plans considerably.
Once you have your spouse visa you have the right to work in teh UK.
Kind ergards,
Tom
Customer: replied 2 years ago.
Thank you again Tom
I will sign up for this service and discuss with my wife the next steps to take
I am sure more questions will follow
Regards
Alex
Expert:  Thomas replied 2 years ago.
Hi Alex,
No problem
Tom
Customer: replied 2 years ago.
thanks for your response. ive reviewed this with my wife and we just want to confirm our understanding of the timeframes
1. the employment requirement of 6 months can be acheived in canada
2. after the application is approved, my wife has 3 months to secure a position in the UK.
3. i would also be able to secure a position during this period so that we could move together both employed
Regards
Amanda and Alex
Expert:  Thomas replied 2 years ago.
Hi,
No.
Your wife has to get a job offer BEFORE you apply. The offer must be for a job to start within 3 months, then you can submit your application for a spouse visa.
You cannot work until you have had your spouse visa approved. Once your spouse visa is granted you can work. Obviously, you can apply for jobs before your visa is actually granted (you just can't travel to the UK until it has been granted).
Tom
Customer: replied 2 years ago.
Tom
not sure I can undestand your reply when I compare it
with this paragraph from a previous answer
Tom: -If your wife travels to the UK before you apply for your visa then that would be a mistake, she would then have to get a job with a UK employer and receive a salary from it for 6 months before you apply. It would delay your plans considerably.
Please clarify
Best Regards
Alex
Expert:  Thomas replied 2 years ago.
Alex,
If your wife comes to the UK before you make the application then it would change what you would have to do to meet the financial requirement. She would then have to receive a salary from a UK job for 6 months before you apply.
If your wife is in Canada because you will travel to the UK together then you can rely on the past 6 months of her Canadian employment income together with a job offer from a UK employer to start within 3 months of your application.
Tom
Customer: replied 2 years ago.
Thank you Tom
So in your opinion given what you know about our present situation
What would you advise will be the best plan of action for us to ultimately moved to the UK permanently
Regards
Alex
Expert:  Thomas replied 2 years ago.
Hi,
Instruct a UK solicitor now with a view to applying in due course.
Remain in Canada for the time being. Your wife to start applying for UK jobs (from Canada) when you are nearing the time at which you hope to relocate, then apply from Canada.
Tom
Customer: replied 2 years ago.
Thank you very much for your advice
Regards
Alex
Expert:  Thomas replied 2 years ago.
You're welcome, Alex.
Customer: replied 2 years ago.

Hi Thomas
We are going to follow your advice

1) We will remain in Canada my wife and I for the time being
2) My wife has begun to apply for UK jobs
3) We will instruct a UK Lawyer shortly
4) Nearing the time we wish to relocate I will apply from Canada

So far so good? ... here the new questions

My wife being a highly qualified IT consultant has received immediate interest
Can she travel to the UK and interview with potential employers?
You mentioned she will need a job offer to start working within 3 months of me
obtaining th 27 month Visa Correct?

When I get my 27 month Visa you mention I must travel to the UK within 3-6 months
can you elaborate a bit more on this?

Nearing the time we wish to relocate I will apply from Canada, Do I submit the application
or does my wife need to submit it on my belhalf?

Is there anything else we should be aware of other than what we have discussed so far?

Regards
Alex

Expert:  Thomas replied 2 years ago.
Yes, she can travel for interviews if she is a uk citizen.
You need to travel within 3 months or so, so that you don't have to extend two times (as opposed to just one) in order to reach 5 years in the UK,.
You submit your application.
Tom
Customer: replied 2 years ago.

Tom

Not sure I understand this bit, can you elaborate on this?

-You need to travel within 3 months or so, so that you don't have to extend two times (as opposed to just one) in order to reach 5 years in the UK-

Alex

Expert:  Thomas replied 2 years ago.
You have to have 5 years residence to apply for indefinite leave to remain once you've been in the UK.
You get a 27 month visa initially when in canada. When you extend it for the first time you get another 24 months.
Therefore, if you enter the UK more than 3 months after you get your visa then you won't reach 5 years after the extended visa, which means that you will have to apply for a further extension for a matter of few months only to then apply for ILR thereafter.
I have now answer your original quesiton.
If you wish for further information then please submit a further question to the board.
TOm
Customer: replied 2 years ago.

Thank you Tom

Regards,

Alex

Expert:  Thomas replied 2 years ago.
You're welcome o

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