How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6444
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi. I am a British Citizen, recently married to a Canadian

Resolved Question:

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
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
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

Tom.
Customer: replied 3 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


Expert:  Thomas replied 3 years ago.

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:-

http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/

 

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:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

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,


    Tom

    Thomas, Solicitor
    Satisfied Customers: 6444
    Experience: BA (Hons), PgDip, Practising Solicitor
    Thomas and other UK Immigration Law Specialists are ready to help you

    JustAnswer in the News:

     
     
     
    Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
    JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
    Web sites like justanswer.com/legal
    ...leave nothing to chance.
    Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
    Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
    I will tell you that...the things you have to go through to be an Expert are quite rigorous.
     
     
     

    What Customers are Saying:

     
     
     
    • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
    < Last | Next >
    • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
    • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
    • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
    • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
    • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
    • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
    • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
     
     
     

    Meet The Experts:

     
     
     
    • Thomas

      Solicitor

      Satisfied Customers:

      1518
      BA (Hons), PgDip, Practising Solicitor
    < Last | Next >
    • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

      Thomas

      Solicitor

      Satisfied Customers:

      1518
      BA (Hons), PgDip, Practising Solicitor
    • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

      INC

      Solicitor-Advocate

      Satisfied Customers:

      793
      LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
    • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

      UK_Lawyer

      Solicitor

      Satisfied Customers:

      782
      I am a qualified solicitor and an expert in UK law.
    • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

      A Hayat

      Immigration Solicitor

      Satisfied Customers:

      205
      13 years specialist skill in UK Immigration & Nationality Law
    • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

      Paul Richmond

      Barrister

      Satisfied Customers:

      114
      LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
    • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

      Awan-Legal

      Solicitor

      Satisfied Customers:

      95
      Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
    • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

      John Knox

      Solicitor

      Satisfied Customers:

      19
      solicitor with 8 years experience