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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Im a Canadian citizen, but I am on ODSP, I am trying to find

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Im a Canadian citizen, but I am on ODSP, I am trying to find out what my odds are and what types of things i will need to get and show etc ... if I decided to move to the UK/England. Im not sure if I qualify for the ancestry visa or not... My Great Grandpa and Grandma lived there and then moved to canada... there oldest daughter was born in England also and came over with them then they had another daughter then my grandfather... so I am unsure if I can get that passed or not... I could possible get my grandfathers sister birth certificate along with my great grandparents birth certifcates but Im unsure if that is enough to qualify. Next is Fiancee Visa, how hard is that to qualify for because that is a big reason for the potiental thought of moving ... I have a boyfriend who lives in Britian and is a British Citizen. How much do we really need to show fiancially for me to be allowed to get there and what kinds of papers would we need to provide and what would the odds be of being excepted on that basis... Im just trying desparately to find out more information on what we would need to do if we continue our relationship... we love each but fear it is a doomed relationship if we can not find a way to make this happen. We dont plan on me actually moving for about 2 years ... but would like to set a plan in action so we know what we will be in for and what we need to do and expect and how to proceed if it is possible..

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  retireddebra replied 1 year ago.
Are you asking about the law in the UK and how to immigrate there?
Customer: replied 1 year ago.

Yes I am needing to no how to go about immigrating there

What kinds of things I will have to do and face ...

If it is even possible for me...

Or is it more like there is no way I will ever have a chance at getting accepted for any of the immigration Visas

Im just really concerned because Im on the ODSP here right now and not working and is that going to affect my chances

Im hoping that I might be able to work at somepoint again but I do not no if and when. So Im really not sure that a work visa is an option for me to try and apply for

And I am unclear if I can be accepted on an "Ancestry visa" because it was "my GreatGrandfather and Great Grandmother" who was born in England and my Grandfather was born in Canada after they immigrated here. Therefore It was only his(my grandfathers) mother, father and oldest sister who where born in England .. not my actual Grandfather ... and Im not sure if i was to show his sisters (my grandfathers sisters birthcertificates and his parents brith certificates) if that would allow me to qualitfy because most things i seem to find say it need to be your father or grandfather to be accepted ...so Im not really sure if that would be enough to qualify me for the ancentry visa.

I do no there is a "Fiancee Visa" but I dont no if once again my being OSPD here would affect my chances/our chances of me getting accepted for it ... And if He has to show all the money to be able to suport me or can I show that I have enough to beable to live there with out help or support until we are married ...etc... it just all seems so complicated and I have no idea what is the best option if there is one and what we would need to do for me to Immigrated to Britian ...

Other then the original uk website I have no idea where else to look to find help with this information here in canada and in my area to help me figure out the best way to go about this and if I remotely have a chance of immigrating there.

Expert:  retireddebra replied 1 year ago.
I will move this to the UK immigration law list then.

Please do not reply back because this may delay the move.
Expert:  Thomas replied 1 year ago.
Hi,

What nationality is your boyfriend?

How long have you been in a relationship with him for?

Have you lived together for any period of time, if so please state how long.

Tom
Customer: replied 1 year ago.

My BoyFriend is a British Citizen lives in West Sussex , England

We ve been talking for about 6mths and he is planning to come visit me this April 2013 so we can see each other in person instead of just through skype, emails, letters and phone calls.

So no we havent lived with each other as of yet.

We are just concerned that this might be a doomed relationship and if its not what do we need to start doing and planning in order for us to be successful for me to be able to move there if it is at all possible.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that if it was only your great grandparent that was British then you would not eb able to apply for an Ancestry visa. It needs to be a grandparent for this to be viable.

IN order to apply for an unmarried partners visa you need to have lived with your partner for a period of two years in order to apply, so this is not a possibility either.

If you are able to secure a job offer by an employer in the UK who is a sponsor of migrant worker under the Tier 2 Sponsored Skilled Work Visa then you could apply for Tier 2 visa. The relevant page is here on the UKBA’s website:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/

It is quite difficult to get a job offer for the above though.

This leaves apply for a fiancé or spouse visa.

There are two ways of doing it. You can apply for a fiance visa so that you can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouse visa (settlement – Further Leave To Remain). Two applications, two application fees.

Alternatively, You can either marry in Canada and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.

There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.

The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

• You plan to marry within 6 months of arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement (salary threshold): http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
& here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from his employer stating that he has a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

• Evidence that you meet the financial criteria

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website


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Kind regards,


Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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