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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7406
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. I am a British Citizen, recently married to a Canadian

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Hi. I am a British Citizen, recently married to a Canadian citizen working in the UK on a 5 year working visa, sponsored by a British company. She has lived in the UK for the last 4.5 years, and we have recently had a son in the UK (6 weeks ago). My wife's working visa expires in September, and I wondered what the best route would be for securing her status in the UK. Indefinite Leave to Remain? Spousal Leave to Remain? Residency application? Which of these would be wisest, given my own British Nationality and that of our sons?

Cheers, John
Good morning John,

Has she stayed continuously in the UK during her workers visa?

Please state any periods out of the UK and theroximate dates.

Kind regards

Customer: replied 5 years ago.
She has stayed continuously in the UK since her start data in Sept. 2006, except for holidays, none of which exceed two weeks in duration. However, the holidays would have been:

Dec. 2006 - Canada - 2 weeks
Dec. 2007 - Canada - 2 weeks
April 2008 - Italy - 2 weeks
October 2009 - Canada - 2 weeks
June 2010 - Canada - 2 weeks
October 2010 - France + Italy - 2 weeks

Hi John,


Thanks for your reply.


Your wife needs to attain indefinite leave to remain so that she can settle permanently here.


Those absences are not a problem with regard to making such an application.


She should not switch to a visa based on your marriage because she would then have to complete a further 2 years in that category in order to be eligible to apply for ILR.


She should remain on her workers visa and make submit her application 28 days or less before her 5 year visa expires. A person on a workers can apply for ILR after completing 5 years in that category.


IN order to make an applicaiton for ILR at that time it is crucially importnant that she submits form SET(O) to the UKBA before her visa expires. If she does not then she will be classed as an overstayer, they will refuse her applicaiton and she will have to return to Canada to make an appliation on the basis of your marriage.


She must also at the time of the english language:-

1. Be clear of any unspent convictions

2. If she is on a tier 1 visa still meet the same income criteria as she did when she made her previous visa/visa extension application

3. She will need to pass the Life in the UK test (She can contact he UKBA about this). Although she may be exempt from this if you can prove that she is the mother of a British CItizen under Immigration Rule 317:-


It would be best for a solicitor to draft the application for her in order to get approval upon application. Fees would be in the region of £700-1000 +Vat. You can find local immigration solicitors to you by using the following Law Society Website:-


12 months after she has received ILR she can apply for UK citizenship provided she meets the following criteria:-

  • Aged 18 or over.
  • of sound mind.
  • She must intend to continue living in the UK
  • You must have pass the life in the uk test.
  • You must be of good character.

    She must also:-

  • not spent more than 450 days outside the UK during the five-year period; and
  • not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
  • not been in breach of the Immigration Rules at any stage

    If your child was born in the UK then they will be British by birth. This means that they can pass their UK citizenship on to any of their children that are born outside the UK.


    You may choose to check with a Canadian nationality adviser as to whether your child is eligible for canadian citizenship.-


    If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

    Kind regards,


    Thomas, Solicitor
    Satisfied Customers: 7406
    Experience: BA (Hons), PgDip, Practising Solicitor
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