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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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UK visa for Canadian - need to know right one

Customer Question

I am a Canadian whose 2-year UK work visa (youth mobility visa) is about to expire. I am turning 31 this year. I applied for the VAH4A (unmarried partner visa) as I have been living with my Canadian partner in London for 2 years. He has a 5-year ancestry visa obtained given his grandparent was born in Britain. I have just been told that my application is set to be rejected as I did not apply for the appropriate visa (as my partner is not a permanent resident of the UK). The visa office will not tell me what the appropriate visa is for our situation (but I know that there is one that exists.) We are also engaged to be married. Your immediate help would be greatly appreciated. I am in Canada waiting for this to be processed so that I can return to the UK immediately, where I am currently employed. I want to apply today for the appropriate visa. I cannot afford to again be rejected because I have applied to the wrong one.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Have you got documentary proof that you have lived together for a period of two years?
2. When/where do you intend to marry?
Kind regards.
Tom
Customer: replied 5 years ago.
Yes - we have adequate documentary proof - many letters, rental statements, etc.
We do not have marriage plans at this point.
Expert:  Thomas replied 5 years ago.
Ok.

What's the gap between you leaving the UK (ie. ceasing living with her) to today?

Tom
Customer: replied 5 years ago.
I am just on vacation in Canada - we are still living together. I left on October 1.
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your replies.

They will be correct in rejecting your application. That is for partners of UK citizens or persons holding ILR.

You will have to apply as a dependent of her ancestry visa. You will see from the following link that hti sis permitted (see “Bringing Your family at the bottom of the page”):-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/

Linking to “Appling for a visa” you will see that the appropriate application form for you to do this is VAF2 and there are some guidance notes pertaining to completing the form.

You will have to prove your 2 year period of cohabitation in the same way as you would if you were applying for an unmarried partners visa as the criteria to be a unmarried partner is 2 year cohabitation.

Once your partner has obtained ILR then when you come to renew your dependent visa you will have to switch to an Unmarried Partners Visa, because she will (obviously) hold indefinite leave to remain and hence be regarded as settled (ie. permanently resident) in the UK.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 5 years ago.

I note you have not clicked accept to my answer. Is there any further information you require?
If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.
Please click accept. It does not cost you any more money to do so. I cannot work for free.
Tom
Expert:  Thomas replied 5 years ago.
I have answered your question
If you do not click accept I shall consider leaving customer feedback which will result in other experts being reluctant to answer future questions you submit to the board.

Tom
Customer: replied 5 years ago.
Hi Tom,
Apologies for the delay in accepting your answer. It is simply because I have been wrapped up in some personal matters and unable to check email. I will accept answer now, as I always intended to, but, please note, I do not appreciate the threat in your last message, nor the strong, negative tone. On my end, that would make me very reluctant to use the board again and recommend it or you to others.
Expert:  Thomas replied 5 years ago.

Hi,


Apologies. I have three standard chaser messages. The final one which I pasted above is for persons who have viewed my previous post and not accepted. I must have pasted it in to this thread by mistake.


Kind regards,


Tom

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