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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2171
Experience:  I am a qualified solicitor and an expert in UK law.
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I am wanting to move to the UK to retire in the future. I

Resolved Question:

I am wanting to move to the UK to retire in the future.

I am a Canadian citizen and I am married to a UK citizen. We have been married for 10 years and have been living in Canada. My wife has permanent residence status in Canada.

I would like the option to be able to work in the UK. I am a telecommunications and broadcasting business consultant. I have also done work on renewable energy enterprise development.

We have a family net worth of about $500,000.

My wife is 55 and I am 50.

Prior to a full time move, we would like to live in the UK for the winters and spend summers in Canada.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Could you clarify the following please:

How much do you have in cash savings?
Are you inquiring only in respect of a settlement visa? and not in respect of you visiting the UK and then returning within 6 months?

Kind regards
Customer: replied 1 year ago.

When we move, we will have at least $150,000 in cash savings and nother $200,000 in stock and bond investments.


 


The question is for both a six month visit in the near term and a settlement visa for 3 to 5 years from now.


 


My wife wants to re-establish here residence to the UK for the 3 to 5 year time frame.


 


I would like to remain a resident of Canada for at least another 3 years and preferably 5 years in order to maximize my access to Canadian pension plans.


 


For my wife, we have not calculated the optimum timing for her pensions. She should be eligible for some Canadian pensions after 10 to 15 years, but it may not make much difference to what she is entitled to in the UK.


 


Her son and daughter live in the UK and the intent is to move closer to them in the future.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. In respect of obtaining a settlement visa you would be applying for what is called a spouse visa. As of last year as you correctly mentioned to obtain nationality you have to now wait 6 years as appose to 3 prior to 9th July 2012.

What they also introduced was an income threshold for British citizens to meet to enable them to sponsor their spouses to come and live with them in the UK, please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

The sponsor would need to be earning at least £18,600 gross to sponsor their spouse. The only exemtion to this is if they have savings of at least £62,500 in either their or their spouses or join account in cash for a period of 6 months. In your case as your savings exceed this threshold you will have no problems in meeting the financial requirement when applying for a spouse visa. Please see the following link for for VAF4A and appendix 2:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

You may also which to check if you are able to submit the application online. You would need ensure that you have adequate accommodate in the UK prior to applying and also evidence of your residence in Canada together , in the form of letters in joint or separate names going to the same address, phonographs together, banks statements, payslips etc confirming you and your partner are at the time of application in a subsisting relationship.

2. Regarding coming to the UK on a visit visa to spend winters, there is no objection in you doing this provided that you can show that you are not using your visit visa as a de-facto settlement visa. You would need to ensure that you have evidence when visiting the UK of you intention to return back to Canada and not settling in the UK.

Although there is not strict limits on how many months you can enter the UK for in one year, I would suggest that as long as you spend more months in Canada than in the UK it would not cast any doubts in the immigration officers mind as to your intentions of returning to Canada.

If you adhere to the above you may reside in the UK as a visitor and return to Canada without any problems.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
In addition with regards XXXXX XXXXX settlement visa you will initially be given a 33 months visa which before expiring you will need to extend for another 30 months from within the UK. Once you have resided in the UK for 5 years continuously you will be eligible for indefinite leave to remain. After completing 6 years in the UK you will be eligible for British Citizenship.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2171
Experience: I am a qualified solicitor and an expert in UK law.
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