# Rules for Canadian moving to London



## dcraig (May 14, 2011)

Since I was already a Forum member, I told a co-worker I would post this question for him. He is a 29 year old Canadian, born and raised, he wants to move to London within the next year with his partner (same sex) who has dual Canadian/English citizenship. What does my co-worker need to do to move and work there legally? Any help would be grately appreciatted.


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## nyclon (Apr 3, 2011)

Basically, they will have to form a civil partnership and then the UK citizen will sponsor the Canadian partner.

See the UKBA website for more info:

SET04 - Civil partners


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## Joppa (Sep 7, 2009)

nyclon said:


> Basically, they will have to form a civil partnership and then the UK citizen will sponsor the Canadian partner.
> 
> See the UKBA website for more info:
> 
> SET04 - Civil partners


Or as same-sex partners for at least 2 years. 

_How do I qualify to join my unmarried or same-sex partner in the UK? 

You and your unmarried or same-sex partner must show that:
Any previous marriage, civil partnership or similar relationship, has permanently broken down
You have been living together in a relationship similar to marriage or civil partnership for two years or more
You have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
You can support yourselves and any dependants without any help from public funds
You intend to live together permanently
Your partner is not under 21, and
You are not under 21 at the date of arrival in the UK._

The Canadian partner has to apply for a settlement visa to the British High Commission in Ottawa.

Settlement - visa application guide


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## dcraig (May 14, 2011)

*Re- Phrasing of Question*

I was asked by my co-worker, for whom I had started this thread, to rephrase the oringinal question, as he thinks the original may have been confusing to some which is why there were only two replies. What does a Canadian citizen, (born and raised) have to do to legally live and work in Britain (London), does he have to get approved before moving there, can he move there first and then start the process, whatever it may be. While the two answers to the original question were helpfull, he doesn't think they tell all there is to tell about the process. Thanks


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## nyclon (Apr 3, 2011)

Are you saying that he doesn't want to form a civil partnership? No he can't move to the UK and "start the process". You can't just move to the UK because you want to. Before you can live and work in the UK you must have an appropriate visa. Period. If he is not going to form a civil partnership then the only other option is a Tier 2 visa which requires finding an employer to sponsor you and to be brutally honest is incredibly difficult and bordering on impossible to get. There are only 20,700 Tier 2 visas available from April 2011 to April 2012 and in order for an employer to sponsor someone, they must prove that no one in the UK or EU can adequately fill the position. That's about 500 million people. Those visas are only going to go to people with an exceptional talent or some highly sought after skill. Additionally, the UK economy is terrible right now. Honestly, the best option for your friend is going to be forming a civil partnership.


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## Joppa (Sep 7, 2009)

nyclon said:


> Are you saying that he doesn't want to form a civil partnership? No he can't move to the UK and "start the process". You can't just move to the UK because you want to. Before you can live and work in the UK you must have an appropriate visa. Period. If he is not going to form a civil partnership then the only other option is a Tier 2 visa which requires finding an employer to sponsor you and to be brutally honest is incredibly difficult and bordering on impossible to get. There are only 20,700 Tier 2 visas available from April 2011 to April 2012 and in order for an employer to sponsor someone, they must prove that no one in the UK or EU can adequately fill the position. That's about 500 million people. Those visas are only going to go to people with an exceptional talent or some highly sought after skill. Additionally, the UK economy is terrible right now. Honestly, the best option for your friend is going to be forming a civil partnership.


Or if he has already lived with his partner for 2 years, he can apply for settlement visa as a same-sex partner of a British citizen without forming civil partnership.


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## Connolly15 (Dec 14, 2009)

I would add to what has already been said that he will need to produce evidence to demonstrate the two year relationship, which is more difficult than proving you are in a registered civil partnership in Canada. I know that in Canada many agencies or public bodies (such as Universities) often accept people saying that they have been in a 2 year relationship ("common law") without providing much evidence - this won't be the case for British immigration. Evidence could be something like a joint bank account or joint ownership of a home for 2 years, for example. 

Furthermore, (and I only say this so that he is fully aware of the risks involved), if he moves to the UK and the relationship breaks down within the first two years of living in the UK he could be deported back to Canada (not necessarily, but it is a strong possibility). 

He will also need to demonstrate that he has sufficient "maintenance funds" available - 27 months worth if applying from outside the UK. This can involve a substantial amount of money sitting in a bank account for a period of time - he should consult the British Consulate for details.


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## nyclon (Apr 3, 2011)

Connolly15 said:


> He will also need to demonstrate that he has sufficient "maintenance funds" available - 27 months worth if applying from outside the UK. This can involve a substantial amount of money sitting in a bank account for a period of time - he should consult the British Consulate for details.



I don't know where you got this information, but it is completely wrong.


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## Connolly15 (Dec 14, 2009)

nyclon said:


> I don't know where you got this information, but it is completely wrong.


Well, the information comes straight from the UK Border Agency's website:

Your husband, wife or civil partner must be:

currently living and settled in the UK; or
returning to the UK with you to live here permanently (if you are currently outside the UK).
If they have more than 1 husband or wife, only 1 of their husbands or wives will be allowed to join them here in this category.

You must show that:

you are legally married to each other or have registered a civil partnership;
you are both at least 21 years old (or 18 years old if you or they are a serving member of HM Forces) on the date when you would arrive in the UK or when we would give you permission to remain;
you intend to live together permanently as husband and wife, or as civil partners;
you have met each other;
you meet our English language requirement, unless you can show that you qualify for an exemption - see the English language page;
*you can support yourselves and any dependants without help from public funds - see the Maintenance page*; and
you have adequate accommodation where you and your dependants can live exclusively and without needing public funds.


Under "Maintenance Requirements":

You and/or your partner must demonstrate that you and/or they can cover your living expenses in the UK for:

27 months, if you are applying from outside the UK; or
2 years, if you are already in the UK and applying to switch from a different immigration category.

---

Were you speaking about another visa arrangement?


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## nyclon (Apr 3, 2011)

Connolly15 said:


> Well, the information comes straight from the UK Border Agency's website:
> 
> 
> 
> ...


In future, it would be much more helpful if you provided an actual link rather than cutting and pasting. 

However, demonstrating that you can cover living expenses for 27 months does not mean that you have to have 27 months of living expenses on hand in order to apply which would be impossible for most people. It means between having savings, income from a job and income from other things like stocks and bonds you can cover your expenses over the probationary period before you can apply for Indefinite Leave to Remain.


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## Connolly15 (Dec 14, 2009)

nyclon said:


> In future, it would be much more helpful if you provided an actual link rather than cutting and pasting.
> 
> However, demonstrating that you can cover living expenses for 27 months does not mean that you have to have 27 months of living expenses on hand in order to apply which would be impossible for most people. It means between having savings, income from a job and income from other things like stocks and bonds you can cover your expenses over the probationary period before you can apply for Indefinite Leave to Remain.


Apologies, I had the understanding that I wasn't able to paste links.

UK Border Agency | Evidence of maintenance (funds)

---

I didn't mean to suggest that you needed ALL the funds to cover the 27 months. In my experience it is a substantial amount though.

---

_"You must provide evidence that maintenance is available in the form of cash funds. Other accounts or financial instruments (such as shares, bonds and pension funds) are not acceptable, regardless of the notice period."_

_"All evidence must cover the period of your relationship, and particularly the immediate period before you make your application."_

---

I think it's fair to say that the information is not completely wrong?


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## nyclon (Apr 3, 2011)

Connolly15 said:


> He will also need to demonstrate that he has sufficient "maintenance funds" available - 27 months worth if applying from outside the UK. This can involve a substantial amount of money sitting in a bank account for a period of time - he should consult the British Consulate for details.


This is what you said in your 1st post. Which is completely wrong and extremely misleading. So, even if you didn't mean to suggest it, you did. Having some savings and being able to show that you have a steady income is completely different from having 27 month's worth of money sitting in a bank account to prove you have enough funds to maintain your partner.


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## Connolly15 (Dec 14, 2009)

nyclon said:


> This is what you said in your 1st post. Which is completely wrong and extremely misleading. So, even if you didn't mean to suggest it, you did. Having some savings and being able to show that you have a steady income is completely different from having 27 month's worth of money sitting in a bank account to prove you have enough funds to maintain your partner.


I apologise if you feel the comment is misleading, I will elaborate on the exact requirements below; however, I think it is an important requirement to flag to him as he specifically asked for details on what would be required in the application process. It would be misleading to gloss over this requirement as not significant, especially as applicants who are unaware of it will run into problems when they come to apply.

The test of what is adequate is an objective one and the courts have consistently ruled that the minimum expected is the level of income support the couple would be entitled to if resident in the UK and able to claim state benefits (i.e. income support at £105.95 per week). The exact amount required by UK Immigration will also consider factors such as future potential to earn income and expected expenditures - so the amount they require you to show may decrease if they, for example, thought you had a good chance of finding a well-paying job once you are legally able to work in the UK. 

Of course, the amount that you need in the bank account will depend on the income of the UK sponsor and his financial situation as well (his savings, etc). The applicant in this case won't have any income presumably as he will be giving up his job to move the UK and wants to look for work. If the UK sponsor also has no job in the UK and no income, then, as I said, evidence of cash in a bank account will be required - bonds and other financial instruments cannot be used as evidence (as is clearly stated on the UK Border Agency's website). 

I don't believe it is misleading at all to say that if neither of you have jobs in the UK you will need to demonstrate that you have enough cash in a bank account for support. Of course, this does not mean that you need hundreds of thousands of pounds - but it is definitely something to look into to ensure that you have everything in order when you make your application!


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## Joppa (Sep 7, 2009)

Connolly15 said:


> I don't believe it is misleading at all to say that if neither of you have jobs in the UK you will need to demonstrate that you have enough cash in a bank account for support. Of course, this does not mean that you need hundreds of thousands of pounds - but it is definitely something to look into to ensure that you have everything in order when you make your application!


Generally speaking, UKBA look for enough money coming in through UK job or business, in combined savings and any help from relatives etc, amounting to something akin to the equivalent of average UK salary, so around £25000 to £30000 a year or £2000 to £2500 a month over a period of six months. This is very rough-and-ready estimate, but if you have significantly less than this, your application may fail on the ground of insufficient maintenance.


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