Common Law with Kids

For Canadians living / traveling in the UK

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WikychickNew MemberUser avatar
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Posts: 1
Joined: 20 Oct 2008
Location: Ontario

Common Law with Kids

Post Mon Oct 20, 2008 8:45 pm

Hi
I'm wondering if there is anyone here who can give me some advice. My CL British husband and I (as well as our two kids) are going back to England to live. Upon reading some of the info on the UK Border AGency site I surmised that upon landing I am entitled to obtain permanent residency which allows me to work up to two years without obtaining a visa.

Can anyone confirm this and possibly advise me as to what documents I should have in my carry on. We have never "registered" our partnership but do have a notarized letter stating that we are in a CL relationship. We have lived together in Canada for 6 years where my husband obtained permanent resident status.
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JoanneSuper Member
Posts: 181
Joined: 18 Jul 2003
Location: Stockport

Post Tue Oct 21, 2008 2:38 am

I am a bit confused .are you married or just living (Common law) with your partner?

Upon reading some of the info on the UK Border AGency site I surmised that upon landing I am entitled to obtain permanent residency which allows me to work up to two years without obtaining a visa.


I had a look at the UK Border Agency website and I think you did not correctly understand the information. If you look
on HERE you will see that you still need a visa to enter the uk.
See quote here :
Your husband, wife or civil partner must obtain permission to enter the United Kingdom before travelling here. We call this permission (entry clearance). It will be in the form of a visa or entry clearance certificate.


Everybody that are not British or with a EU passport needs to apply for a visa to enter the UK. You will be looking to apply for the wife visa (or common law)

I will give you the link to visa that you need to apply for:
http://www.ukvisas.gov.uk/en/howtoapply ... espartners
Once you have your visa, it looks like you will not have to wait 2 years to apply for your permanent residency however on the website it says "in some cases" which to me means that this only for particular circumstances. With your wife visa you will be allowed to work in the UK.

Are your children British? Do they have their British passport?
If they have a British passport they will not need a visa, they will just need to enter the UK with their British passport when you move here.
However if they only have Canadian passport you first need to find out if they are British (because often they are if the father was born in the Uk and has a British passport).
If they are not British they will have to be listed as your dependents on your visa application.

Hope this helps
Joanne
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