Family Questions - Please Help!

[thedonut]

Hi there,

I'm a British citizen, born here - however 8 years ago I moved out to Canada by myself.

I lived and worked there as a permanent resident; however 3 years ago I met my now fiance (She is Canadian) and not long after we had our first son.

Fast forward to the end of last year, we decided we wanted to move back to the United Kingdom so we could be closer to my family. So on Dec 9th we flew over here and both her and my son (who both have Canadian passports) entered the UK as visitors and I simply returned home.

I really need help in figuring out how to get them to stay here permanently. Is it at all possible to do so without having to leave again? We don't want to split up the family while waiting for papers to go through. Can she extend stay as a visitor? What happens if we get married? All things I can't find clear answers for.

Can anyone provide some guidance? My fiance and I are both 25 years old, our son is 9 months old.

I have a job; and she is currently staying at home looking after our son.

We'd like to avoid splitting up as a family if we can .. please help!

[Wanderer]

FRaid it's not possible, visit visa are extended in extreme situations, like terminal illness, civil war back home etc...

[mochyn]

She must apply in Canada,your choices are
1 go back to Canada and get married, you travel back to UK alone to set up requirements to bring her and the boy her on a settlement visa
2 get a fiancee visa and do the same and then get married but this route is more expensive

Everybody has to do the same
I left my loved one for one year before I got everything sorted out

Most people here had to do the same as you cannot switch visa types inside the UK

[John]

Why haven't you got a British passport for your son?

Given that he is currently in the UK, you have his birth certificate in the UK? And that birth certificate names you as father? If so simply apply in the UK for his British passport. Application form at any Post Office.

So actually only your fiancée needs a visa.

[thedonut]

Can we not fill out the forms while she is here as a visitor? Then when required, travel back to Canada and re-enter the UK with her new status?

[geriatrix]

Can we not fill out the forms while she is here as a visitor? Then when required, travel back to Canada and re-enter the UK with her new status?

Fill out paper forms - yes. But you cannot submit them in the UK! Nor can you submit online forms while in the UK (rather than submitting them when in Canada).

In simple words, be it paper-based ot onlne application for visa (EC) must be made from Canada.


regards

[thedonut]

So, can we travel back to Canada; fill out and file the required papers (we still have a residence in Canada) and then come back to the UK as a 'visit' until things are sorted out?

[geriatrix]

So, can we travel back to Canada; fill out and file the required papers (we still have a residence in Canada) and then come back to the UK as a 'visit' until things are sorted out?

No, because when you make the application you'll have to submit your passport for BHC to stamp it with the visa.

See out-of-country application processing time to get an idea of timelines involved.

regards

[thedonut]

Oh - I see.

Theoretically; can we travel back to Canada - file, wait and then move back? Is there a way to speed up the filing process or pay extra?

From what I can tell, most applications are processed within 10 days for Ottawa/Canada, is this correct? I'm assuming we'd be applying for a "settlement" visa?

[geriatrix]

Theoretically; can we travel back to Canada - file, wait and then move back?

Travel back to Canada -> submit -> wait -> receive -> travel to UK.

Is there a way to speed up the filing process or pay extra?

No.

From what I can tell, most applications are processed within 10 days for Ottawa/Canada, is this correct?

Information published by UKBA, so don't have a reason to believe it is not so.

I'm assuming we'd be applying for a "settlement" visa?

Yes.

regards

[thedonut]

Thanks a lot sushmehta.

So, to clarify.

We can travel back to Canada; submit our application for Fiancee visa - wait approximately 10-20 days for it to be completed then travel back to the UK?

[geriatrix]

Thanks a lot sushmehta.

So, to clarify.

We can travel back to Canada; submit our application for Fiancee visa - wait approximately 10-20 days for it to be completed then travel back to the UK?

Yes. Reading INF4 will be useful.

regards

[thedonut]

Thanks a lot sushmehta.

So, to clarify.

We can travel back to Canada; submit our application for Fiancee visa - wait approximately 10-20 days for it to be completed then travel back to the UK?

Yes. Reading INF4 will be useful.

regards

From what I can see; we'd be far better off being married - as she will be able to work when she returns to Canada, correct?

[geriatrix]

The child will also need a visa, unless you get a British passport issued for him while you're here in the UK (as already suggested by John).

regards

[geriatrix]

From what I can see; we'd be far better off being married - as she will be able to work when she returns to Canada, correct?

Yes. Employment isn't permitted on fiancee visa.

regards

[thedonut]

The child will also need a visa, unless you get a British passport issued for him while you're here in the UK (as already suggested by John).

regards

If I get my son a UK passport, can I use his Canadian when gaining entry to Canada and the British when returning to the UK?

[Wanderer]

Thanks a lot sushmehta.

So, to clarify.

We can travel back to Canada; submit our application for Fiancee visa - wait approximately 10-20 days for it to be completed then travel back to the UK?

Not really, part of the spouse visa app requires you to show you have somewhere suitable to live in the UK and that you won't need to draw on public fund for your family, and indeed yourself if you've been out of the UK for a long time. Canada and UK may have reciprocal arrangements if you've contributed to the Canadian system but that would only cover you.

As another poster suggested, best that you arrive here alone to establish yourself with a job and a place to live, then call the family over.

[thedonut]

Thanks a lot sushmehta.

So, to clarify.

We can travel back to Canada; submit our application for Fiancee visa - wait approximately 10-20 days for it to be completed then travel back to the UK?

Not really, part of the spouse visa app requires you to show you have somewhere suitable to live in the UK and that you won't need to draw on public fund for your family, and indeed yourself if you've been out of the UK for a long time. Canada and UK may have reciprocal arrangements if you've contributed to the Canadian system but that would only cover you.

As another poster suggested, best that you arrive here alone to establish yourself with a job and a place to live, then call the family over.

I already have a job and a place to live here, in the UK - we are both here right now, she is however simply visiting.

[geriatrix]

The child will also need a visa, unless you get a British passport issued for him while you're here in the UK (as already suggested by John).

regards

If I get my son a UK passport, can I use his Canadian when gaining entry to Canada and the British when returning to the UK?

Canada allows dual citizenship so I believe this is exactly how it should work. Also see Dual Citizenship: What travellers should know.

regards

[Wanderer]

Thanks a lot sushmehta.

So, to clarify.

We can travel back to Canada; submit our application for Fiancee visa - wait approximately 10-20 days for it to be completed then travel back to the UK?

Not really, part of the spouse visa app requires you to show you have somewhere suitable to live in the UK and that you won't need to draw on public fund for your family, and indeed yourself if you've been out of the UK for a long time. Canada and UK may have reciprocal arrangements if you've contributed to the Canadian system but that would only cover you.

As another poster suggested, best that you arrive here alone to establish yourself with a job and a place to live, then call the family over.

I already have a job and a place to live here, in the UK - we are both here right now, she is however simply visiting.

Ahh, right - that wasn't clear. Is the place big enough for three -ie two bedrooms?

Anyway I concur with others, for ur fiancee she must return and apply for fiancee visa on which she cannot work, for your son it would be cheaper to get his UK passport, otherwise it's another set of fees, around £585 per person. Only problem is that would take a while longer and we don't know how long he has left on his visit visa...

[thedonut]

Thanks a lot sushmehta.

So, to clarify.

We can travel back to Canada; submit our application for Fiancee visa - wait approximately 10-20 days for it to be completed then travel back to the UK?

Not really, part of the spouse visa app requires you to show you have somewhere suitable to live in the UK and that you won't need to draw on public fund for your family, and indeed yourself if you've been out of the UK for a long time. Canada and UK may have reciprocal arrangements if you've contributed to the Canadian system but that would only cover you.

As another poster suggested, best that you arrive here alone to establish yourself with a job and a place to live, then call the family over.

I already have a job and a place to live here, in the UK - we are both here right now, she is however simply visiting.

Ahh, right - that wasn't clear. Is the place big enough for three -ie two bedrooms?

Anyway I concur with others, for ur fiancee she must return and apply for fiancee visa on which she cannot work, for your son it would be cheaper to get his UK passport, otherwise it's another set of fees, around £585 per person. Only problem is that would take a while longer and we don't know how long he has left on his visit visa...

The place I have right now is a 3-bedroom house.

Both their visit visa's are up May 10th of this year.

So, I think it's likely best I apply for his passport immediately. I also think it might be worth my fiance and I getting married - in order for her to be able to work upon our return to the UK.

[Wanderer]

So, I think it's likely best I apply for his passport immediately. I also think it might be worth my fiance and I getting married - in order for her to be able to work upon our return to the UK.

Unfortunately I don't think it will be possible to marry, you will need to apply for a CoA (certificate of approval) in order to marry, and u need three months left on the visa for that, and if u read here the HO is mostly very lackadaisical with these apps - plus time to arrange a marriage. Unless u r Anglican and the vicar is willing to marry you, then a CoE is not required.

Nightmare int it!

[thedonut]

So, I think it's likely best I apply for his passport immediately. I also think it might be worth my fiance and I getting married - in order for her to be able to work upon our return to the UK.

Unfortunately I don't think it will be possible to marry, you will need to apply for a CoA (certificate of approval) in order to marry, and u need three months left on the visa for that, and if u read here the HO is mostly very lackadaisical with these apps - plus time to arrange a marriage. Unless u r Anglican and the vicar is willing to marry you, then a CoE is not required.

Nightmare int it!

What about marrying in Canada? I'm a Permanent Resident in Canada.

[Wanderer]

So, I think it's likely best I apply for his passport immediately. I also think it might be worth my fiance and I getting married - in order for her to be able to work upon our return to the UK.

Unfortunately I don't think it will be possible to marry, you will need to apply for a CoA (certificate of approval) in order to marry, and u need three months left on the visa for that, and if u read here the HO is mostly very lackadaisical with these apps - plus time to arrange a marriage. Unless u r Anglican and the vicar is willing to marry you, then a CoE is not required.

Nightmare int it!

What about marrying in Canada? I'm a Permanent Resident in Canada.

Yup! no problem or even a quick trip to USA, they do really quick ones and marry anyone on any visa...

Then ur wife would make a spouse visa app in Canada, cost is the same I think, £585 in Canadian Dollars.

[geriatrix]

What about marrying in Canada? I'm a Permanent Resident in Canada.

Getting married in Canada.

regards