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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33803
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I'm a Canadian/British dual citizen and have been offered

Resolved Question:

Hello. I'm a Canadian/British dual citizen and have been offered a job in the UK which I have accepted (I expect to stay for several years). I'd like my wife and kids (all Canadian citizens) will join me as soon as possible but I find the UK.gov pages on Visas to be terribly confusing. I'm trying to figure out which Visa my kids need (they'll go to school and have part time jobs etc) and which Visa my wife (she wants to work as well) needs to join me in July 2016. Can you please help as I'm so frustrated? **THANK YOU**
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are the children and can you meet the income requirement?

Customer: replied 10 months ago.
Hi Clare,Thanks for your response. Here's the info:Three daughters:- 17 years old
- 14 years old
- almost 12 years oldThey are all Canadian citizens. Their mother and I are married and have been for all of their births.My salary is >100k pounds so I think I'm ok there.
Customer: replied 10 months ago.
I forgot some stuff. I am going to the UK middle of next week. My wife and the kids will follow after school is over in early July. I'm trying to figure out if there's one Visa to come initially and then a longer-term one to stay, for example. Also I've read that for some Visas you need to be in the country to apply for them (not sure if these are the right kind of Visas or not)... but if you need to be in the country to apply then how do you get in the country in the first place?Again, thanks for your help.
Expert:  Clare replied 10 months ago.

The details you need are here

https://www.gov.uk/join-family-in-uk/eligibility

Clearly you meet the income requirement and I am certain that they meet the English language ones!

The link to the forms are here

https://www.gov.uk/join-family-in-uk/apply

Please ask if you need further details

Customer: replied 10 months ago.
Thanks Clare.BACKGROUND: So I think this means I need a "family of a settled person" visa. The website says: "You need a ‘family of a settled person’ visa if you want to stay (‘remain’) with a family member or partner (eg spouse) who’s living in the UK permanently and you’re:...***already in the UK*** " (Emphasis mine)QUESTION: How do my family get into the UK in the first place if they've eventually going to be applying for a "Family of a settled person" visa once they're there? I can't figure that out.Thank you.
Expert:  Clare replied 10 months ago.

No they will be joining you - I appreciate that you will be travelling at the same time - but that is still the way that it is

Customer: replied 10 months ago.
Hi Clare,
Thanks for the response but I still don't understand your answer. I'll try to ask in a different way:- I'm going to the UK on my British passport this week to start my new job
- I want my wife and kids to join me in early July once Canadian school is over. We've sold our house in Canada.
- when talking about the "family of a settled person" visa the UK website says they apply once they're already in the UKThat last bullet is the thing I don't understand -- how do they get to the UK in the first place if they have to apply for that particular visa once they're "on the ground" in the UK? Is it a Visitor visa or something else? I can't figure that out based on the links you sent and the answer above (perhaps I just need a cup of coffee! :-)We need to get our life started (school and so forth) so I don't want to delay anything and I want to get as much done as quickly as possible that I can.Thank you,
Rob
Customer: replied 10 months ago.
Any thoughts Clare?
Expert:  Clare replied 10 months ago.

It is fine - the immigration rules are labyrinthine

Such applictaion can be done from the UK if they are already here on a different type of visa - or from abroad if not (as in your case)

If you look at this page

https://www.gov.uk/apply-uk-visa

it explains more

This page

https://www.gov.uk/join-family-in-uk

is also helpful

https://www.gov.uk/join-family-in-uk/apply

On this page ignore the first sentence and go for the part where it talks about applying from outside the UK

Des that help? If nor do not worry I can try and be clearer

Expert:  Clare replied 10 months ago.

It is fine - the immigration rules are labyrinthine

Such applictaion can be done from the UK if they are already here on a different type of visa - or from abroad if not (as in your case)

If you look at this page

https://www.gov.uk/apply-uk-visa

it explains more

This page

https://www.gov.uk/join-family-in-uk

is also helpful

https://www.gov.uk/join-family-in-uk/apply

On this page ignore the first sentence and go for the part where it talks about applying from outside the UK

Des that help? If nor do not worry I can try and be clearer

Customer: replied 9 months ago.
Thanks Clare. I think we're almost there (though I'm still frustrated to have to sew a bunch of web pages together to get an answer) and I want to get you paid so can you please (1) verify I've got this right and (2) answer a clarifying question below?(1) my wife should apply for herself and the kids to get a "family of a settled person" visa from Canada right away and go through the process on this page: https://www.gov.uk/join-family-in-uk(2) if that visa doesn't come in time (our house is sold and closing on July 12th) what are our options? Can they come to the UK as a visitor and then it gets "converted" to the "settled person" visa or is they forced to stay in Canada until the visa comes through or how does it work?Thanks again for your help.Rob
Expert:  Clare replied 9 months ago.

Just t check - have you considered applying for British Passports for the children?

Customer: replied 9 months ago.
Hi Clare,I got three answers from you that appear to all be the same so I'm not sure what's happening with the Justanswer site.QUESTION: Re: "Just t check - have you considered applying for British Passports for the children?"
ANSWER: I would be happy for them to have British Passports but I didn't think that was possible given that I got mine through my parents being British and I thought the "transferability" of British citizenship stopped after that first generation. If that's not the case then yes I would apply for their British citizenship/passports BUT I'm unclear how to do that.QUESTION: I still have sleepless nights over the #2 question above so can you please address that so you can get paid? --> "if that visa doesn't come in time (our house is sold and closing on July 12th) what are our options?"Thank you,
Rob
Expert:  Clare replied 9 months ago.

Sorry - I should have rolled back and checked - it was just something that suddenly came into my mind as I was preparing the reply, assuming that you were not born in Canada then

no you cannot apply for British passports for the children

You have indeed read things correctly

Your wife and children should apply immediately for their visas and should remain in Canada until they come through

Unfortunately if your wife comes here on a visitors visa she will not be able to transfer to a spouse visa

Customer: replied 9 months ago.
Please see: https://www.gov.uk/remain-in-uk-familyIt says: "You need a ‘family of a settled person’ visa if you want to stay (‘remain’) with a family member or partner (eg spouse) who’s living in the UK permanently and you’re:....***already in the UK*** " (Emphasis mine)How would one be "already in the UK" in this situation if you have to apply for the family of a settled person visa from your home country?
Expert:  Clare replied 9 months ago.

If someone is here on a Student or Work Visa; or here as a refugee; of has come here on a fiancee visa then they do not need t return home to apply.

Clare, Solicitor
Category: Law
Satisfied Customers: 33803
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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