Help pls.

[wooly]

Hi everybody,
I am confused and need some clearity.. please help...
the situation is like this..


Man.

British Citizen,
Age 41,
Divorced.
Receiving Income support and Disability living allowance.(Max. Mobility component).
First Language English learning French.

Woman.

Canadian Citizen,
Age 41.
Separated and in the process of divorce.
Worked at hospital in Canada up until coming to England in September 2007.
First Language French learning English.


The Lady came to England on 28th August but was sent back to Canada the next day due to
communication problems between her and the attending immigration officers.

The Man accompanied the lady, on the same flight, to Canada and they both stayed together
at the same hotel for 2 weeks. In this time period they contacted the British Consulate in Ottawa
and explained the situation and the lady was immediately issued with a 6 month Visa to Britain.

The couple came back to England and have been living together ever since.
The ladies Visa (to stay in Britain) expires at the end of February.
And because the man accompanied the lady to Canada he was issued a 6 month Visa at the airport.
The man's Visa (to stay in Canada) expires at the end of February also.

The couple desire to go to Canada together at the end of February. To stay a few months,
finalise the ladies divorce, and come back to England together.
They both desire to marry each other once the ladies divorce is finalised.
They both desire to stay together in England.
The man is willing to support the lady on whatever income he is currently receiving without additional help from the state.

The couple are under the impression that the man will not be allowed into Canada once the Canadian Visa expires and the Lady will not be allowed into England once her British Visa expires
because individuals are normally allowed only once such visa per year.?

What is the best way for couple to stay together in England permanently?
Is there any special requirement for the couple to get married in England?
Is there a way for the lady to stay in England permanently (now that she is here) ?


Any ideas anyone.. please help.
thx.

[Wanderer]

Basically she has to go back to Canada and apply for a fiancee visa. Cost is 500 quid immigration tax.

Can't switch from VV in 99% of cases, and that 1% is for things to cover war zones, terminal illness, death etc, HO is pretty strict on this.

I think UK-Canada has a visa waiver arrangement so u'll get a auto-visa on landing there I presume for six months like before but I'd have thought the Canucks would follow the US 90-day model in these cases. Check.

Ur best option if possible is to marry in Canada (or USA where such things are allowed) and apply for a Spouse visa, saving the cost of converting a fiancee visa into a spouse one.

Or maybe look into any french or UK ancestry she might have - there are visas for that.

[vinny]

As the woman is a Canadian citizen, there shouldn't be any problems with her returning to Canada. As for the man going to Canada, see also:

Do you need a visa?
Visiting Canada: Who can apply
Visiting Canada: Arriving
Visiting Canada: Extending your stay
How long can I stay in Canada as a tourist?

Conversely, as the man is a British citizen, there shouldn't be any problems with him returning to the UK from Canada.

It may be simpler for the couple to marry in Canada or elsewhere. Afterwards, the woman may apply for a UK spouse visa in Ottawa .

[wooly]

Thank you for yours responces..






The couple is ready to get married anywhere but desire to return to England and live in England..

For the man to have his wife come and live with him from abroad,
Does he not have to prove that he has money and a job?

Because the gov site says

"you can support yourselves and any dependants without any help from public funds"

Or does this

'You'

refer to his wife (the person) who desires to come and live and stay in England?

[VictoriaS]

It is 'you' the couple.

Victoria

[wooly]

thank you.

This seems very strange to me.. rather discriminating..

If it is not possible for a 'disabled' person to work.. and because they are disabled they are supported from 'public funds' and they do not have reserves of money.. does this mean that that person in not intitles to the same rights as a 'able' person and some leanency because of their disability.

This seems like a 'human rights' issue... but i am sure this can't be the first instant where this kind of situation has presented itself.

Anyone help please.

[avjones]

It's possible for pretty much all disabled people to work, and the Disability Discrimination Act helps by requiring an employer to make reasonable adjustments. Of course, it's harder both to find a suitable job and to be able to stick with it, because of reasons related to the disability, and these factors don't help.

But the rules say that a couple between them need to be able to support themselves. THat doesn't mean that you, as the British half, need to be able to show it. You would meet the rules if you could show taht your future wife is employable, or has savings.

[wooly]

Thank you.

How much savings does one need to have for this to be viable?

[avjones]

There's no absolute rule - but enough to show that until she gets a job you'll have enough money between you.

[OL7MAX]

Can the government discriminate against disabled people because they are drawing a disability allowance? Hmm. Surely there must have been a case on this already, and if there isn't then there should be.

[Dawie]

The Lady came to England on 28th August but was sent back to Canada the next day due to
communication problems between her and the attending immigration officers.

Exactly what kind of "communication problems" did she have?

[wooly]

I don't know what was actually said because I wasn't there..
But the immigration officers gave her a piece of paper stating their reasons for sending her back..

1. She only had $300 on her person.
2. That I was unemployed.
3. That me and her communicated via a translator.

Thats all I can remember.

The reason I say that there was a communication problem is because..

1. she works for the Canadian government.
2. When they kept her overnight for flying back the next day, they logged her belonging and on one piece of paper it clearly said she had over one thousand pounds on her person. (they had checked her purse but didn't bother to ask her if she had any other money on her person).
3.They assumed I was unemployed and sponging off the system and living in a council house. ( I asked the officer to give me his name.. he did not). ( well I am sponging off the system. but not in a council house. .)

She told me later that the Officer who spoke to her didn't understand her and she didn't understand him.

This whole eposode cost us both alot of distress and money. We explained our situation to the British consulate in Ottowa.. after paying their fees.. she was immediately issued with a 6 months visa.