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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I need advice regarding an immigration matter. My girlfriend

Customer Question

I need advice regarding an immigration matter.

My girlfriend lives in Canada and is a citizen of that country. We are serious about making the relationship work but the distance is causing problems (3 weeks holiday a year and cost of travel etc) so she is looking to move here.

she is 27

has over £1800 in savings

Canadian citizen

She meets the points criteria for the youth mobility visa but she does not qualify as she has a two year old from a previous relationship.

She does not want to come to the UK and 'live' off me and wants to get a job (also for social reasons as well as money)but the options I have seen all put an exclusion on working.

She is the manager of a retail outlet in canada and would be looking at similar work.

I am in a good job and earn c £38,000 a year so can sponsor her if necessary. Childcare is not a problem as my nephews (same age as g/f daughter) are cared for by my mother.

What options do we have open to us on the above basis?

Thank you in advance.


Richard
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

Would you be willing to marry your partner?
Would she be willing to obtain sponsorship to work in the UK from a UK based company?

Kind regards
Customer: replied 2 years ago.


Hi, way to early to get married and neither of us would want to do that at this stage

 

Would be unlikely to get Sponsorship in work she is in.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Unfortunately its does seem very unlikely for her to enter the UK for a period longer than 6 months if she is unable find a sponsor in the UK willing to sponsor her.

If you do not want to go down the marriage route there are only two options available:

1. A tier 2 sponsor migrant visa, which requires her to obtain employment at a degree level and then enter the UK. Please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/outsideuk/

2. She applies to enter the UK as a Tier 4 student, please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/apply-outside-uk/

3. She applies as a Tier 1 entrepreneur visa is she is able to invest £200k in the UK please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/eligibility/

4. She applies as a tier 1 investor visa which requires 1 million pounds of investment in the UK, please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/investor/eligibility/initial/

If she is not willing to enter the UK for studying or employment and is unable to obtain a visa longer than 6 months for family reasons ie a spouse visa after marriage etc then it is very difficult for her to arrive to the UK for longer than 6 months.

It is unfortunately that I am able to give you advice that you would have wanted to hear but due to your partner's situation she only has the above options.

I hope this answers your question. If you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.


She does not hold a degree so option 1 is not feasible


 


Tier 4 student access means only 20 hours work during term time and only 10 if it is not a degree....


 


3 & 4 are completely out of the question.


 


If she comes to the UK as a general guest is there any way we can change the terms of access after she has entered the UK? In other words can we then find an offer of work and get a working visa at that point?


 


 


 

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Unfortunately, she is unable to switch from a visitors visa to any other category of visa, she would not be allowed to submit an application for sponsorship from the UK.

The home office is adamant that when an applicant arrives to the UK they should do so for the purpose of their visa. In your partner's case it will be for a visit so she would need to return before the expiry of it. If she wishes to come to the UK for employment she should make the correct visa application and arrive to the UK.

I apologise but it does seem like her options are limited.

I hope this answers your question. If you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.


Please dont apologise, its not your fault lol.


 


Hopefully final questions:


 


If she comes to the UK on a general visitor visa and we do get engaged in the 6 months what then?


 


Second scenario, If she enters the UK on a YMS for two years (as explained she meets the criteria) and leaves the child with her father (therefore she will have no dependants) can we then bring the child over at a later date?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

1. In respect of her coming to the UK to visit, the home office are likely to refuse any visa from inside the UK. If she comes to the UK you then decide to marry then you could try and apply from inside the UK but as already mentioned the home office do not allow individuals to switch from a visitors visa category to any other category, so although you can submit an application ( only on the basis of marriage not engagement) they are likely to refuse the visa.

2. Unfortunately not the fact that she has to confirm that she does not have any children under the age of 18 shows that the home offices intention is to clearly prevent individuals coming to the UK with their child or calling their children to the UK thereafter.

I would not take a risk and lie to the home office about any information, it can exclude or even bar her from entering the UK for 10 years.

I hope this answers your question.

kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question. If you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

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