Confused, Apply for Settlement here or there?

[HisPrincess]

Hey everyone,
Thank goodness I found this place! I kinda knew I couldnt be the only Canuck to make this move.

Here is the situation, met someone in England, he was here a week in Sept, the end of Nov I am flying to England to take up residence with him, and will be coming home in February for my sons birthday. It is a rush but. sometimes you just cant wait. He is going to sponsor me as well, so I know basically what we need, but I talked to a Canadian Immigration lawyer and now im confused. Am I better to get there, apply for my settlement visa, since they apparently faster there then they are here? Or do I apply here, and pray they dont call me while I am 'visiting' England? Or do I just try to rush it through here? Or take a chance and just not get one. IF I book my flights tomorrow, would sending proof of my flights be enough for them to push it through? Wow, I just applied for my first passport and now I have to do all this.

Any help would be so wonderful. I will be settling in Birmingham, however I just watched Harold and Kumar Escape Guantanamo Bay and I am a bit freaked.LOL

Thanks all in advance!
Prin

[jadezia]

Hi,
I understand what you are going through, I also met someone in England almost two years ago. We got engaged and decided to live in London so it all comes down to : How do I get there asap.

I had to chose the visa type. Did you look at the "fiancé" visa ? I chose to go with Tier 1 General and applying end of the month.

my thoughts :
- be careful with the UK Custom, they might want to check your return flight ticket when you get there. From my experience(I have been there a lot!), they are always very strict.
- Don't forget that they take your passport for a lot of visa applications during the process so you might not be able to go to UK when you want.

What is that settlement visa exactly ? I thought you had to be maried and that the sponsoring did not work alone anymore ?

good luck,

[HisPrincess]

Hi Jade,
Well I spoke to someone from the British Consulate here in Canada, and he told me to go for the Settlement, since we are not engaged yet. I think while Im there, we need to get the 'Civil Partnership' thingy all fixed up, or a quickie wedding. I really dont know what to do, and he also is clueless on this, so its hard for me to know what he has to ask. I guess maybe I need to call for my own answers!

Thanks Jade, I am going to have a return ticket, no ifs ands or buts. My son would definitely make it to England if I didnt, rofl. Last Bday as a child!

Prin

[Joanne]

Hi,

I also met someone from England (and been here 8 years now).

I think you do not really understand how UK immigration works so I will try to help you to avoid making mistakes:

1- If you are going to the UK to live permanently.DO NOT BOOK YOUR FLIGHT BEFORE HAVING YOUR VISA ! If you are going on holiday then this is ok (no need for a visa) as long as you have a return ticket. As a visitor you cannot work and you cannot apply for a visa from within the UK you have to apply from Canada and wait for your visa before moving to the UK

3- Now the question is what type of visa?

It is not as easy as you may think to come and live here.
Your choices:
1- Fiance visa for people who are planning to get married within 6 months (after you receive your visa), you cannot work on this visa, once married you apply for a spouse visa and when you get it you can work
2- Did you live with this person for more than 2 years (that you can prove with documentation and bills)?
If yes you can apply for a Unmarried Partner visa
3- You get married (before moving to the UK) and apply for a spouse visa
You cannot be sponsored unless you are applying for one of the previous visa.

You cannot apply for a settlement visa this is for people who have been living permanently (legally with a visa) in the UK for over 2 years.

It seems to me that you are rushing things a "little" bit. Maybe you should go there on a holiday just to see how things are (here and with your boyfriend) then come back here and decide what to do .but don't try to go to the Uk (to live there) without a visa because you will not be able to apply for a visa once you are here you need to apply from Canada.

If you need more information just ask me, it looks to me as if the solicitor you talked to confused you more than anything else. You can also see the different visa on the official UK visa website:
http://www.bia.homeoffice.gov.uk/

[HisPrincess]

Thanks Joanne
I am going to come over just for a visit, as his job isnt that secure right now, plus we did talk about what ifs. The issue I really have is how the hell do you live with someone for two years, when you can only spend 6 mos there. That is the most ludicrous rule I think I have run across. What, every 6 mos we give up employment and switch countries?

I am goin to wait, get both tickets, was the plan anyways. See if we can do as well for a few months as we did for a week, LOL. In Jan or so he should know what his company is doing, whether I like it there, etc.

How hard is it tho to get thru immigration, with a return ticket now? What am I goin to have to show to prove both that I can support myself and that he also can support me? Is that goin to be enough?

Thanks
Prin

PS yeah im totally clueless about how all this works, and what I have to do, not do etc. Its just really frustrating cuz nothing is clear cut, whos goin to write Immigration for Dummies?

[iancanton]

both tickets? one canada-uk-canada flight and what else?

it's not enough to show that u can manage financially for six months. u also need to satisfy immigration that u have a good enough reason to return to canada: typically at least one of the following, but possibly more - ownership of canadian property, a job in canada and close family ties in canada.

ian.

[iancanton]

my reply above assumes that u are going for a six-month visit without applying for a visa. obviously, if u're applying for a fiancée visa, then the focus is not on reason to return, but on the strength and genuineness of the relationship and the likelyhood of marriage.

ian.

[Joanne]

I think it is a good idea to come here on an extended holiday so you can get to know each other more (I assume you met this person not long ago?)
Then after a few months you can probably make your minds to see if the relation is going to be serious or not.

Similar thing happened to me. I met my husband in the internet(was looking for penpals), chatted for 5 months then he went to Montreal for a 2 weeks holiday and he went back for 3 months after which we knew that we wanted to be together, we got married (in Montreal) and he returned to the UK to find a job (being the sponsor he had to show that he could support me)and then I applied for my wife visa. All that happened quite fast (I don't necessary recommend it !). We met for real in February 2000, got married in July 2000 and I moved in the UK at the end of November 2000.

Once you return to Canada from your holiday you can then decide what type of visa you could apply for.
There is also the possibility (if you want to avoid the marriage route) that you could apply for a different visa. For example:
The Tier 1 General Migrant visa works on a point system, you need a minimum 75 points to apply for it. Point are allocated depending on : age, qualifications,previous earnings, english language , funds
There is also a student visa if you would like to study on a full time course in the UK.