# Question about Canadian marrying British citizen



## travelspice (May 6, 2012)

Hello

I am wondering about marriage, as it has become a potential subject for me recently. My boyfriend is in Canada but coming to the UK to be with me this summer on his Canadian passport. He has a ticket booked to go home in late Sept. Can he marry me while he is here?
Or would he have to go back to Canada and do the UK Visa for it? Is it the fiance visa? Just unsure how this all works...or is it better for him to apply for ancestry visa, come back and marry me anyway?
Just looking for the easiest, most cost effective way to have him stay with me in the UK permanently and be married and settle down together.
My income is over 22,000 a year based on maintenance from my ex in Canada, working part time, working tax credit, child tax credit, housing benefit, carers allowance, dla for my oldest son, child benefit...is that ok for immigration that my income is made up to be over the 18,600 by those sources of income?
Cheers


----------



## Joppa (Sep 7, 2009)

He needs either fiancé visa (for staying on post wedding) or marriage visit visa. He cannot marry as a general visitor.
Usually he gets fiancé visa, gets wed and applies for leave to remain as spouse. Not the cheapest option for him, however. If he qualifies for ancestry visa, he can come over on it, gets married and switches for spouse leave. This will save around £500.
In order to sponsor him, you need to meet either the financial requirement or maintenance requirement (because you get carer's allowance). You need £199.20 net left each week after paying for rent or mortgage and council tax (but nothing else like food, clothes, transport etc). For maintenance requirement, you can count all your income including benefits and allowances.


----------



## travelspice (May 6, 2012)

Hi but ancestry needs a high amount of support funds in the bank, he has already moved his money with mine into my uk account. Does fiance visa require support funds? And ancestry would be a high Nhs fee but less for fiance?


----------



## Joppa (Sep 7, 2009)

About £3,000 for ancestry. No support funds for fiancé visa, provided you can meet the requirement, as you seem to do. he will get the excess IHS fee refunded when switching to spouse leave. Or marry in Canada and get souse visa there, though add the cost of your airfare.


----------



## travelspice (May 6, 2012)

But I have no wish to go back to Canada. So probably best he does the fiance visa then. Is it a long processing time do you know?


----------



## Joppa (Sep 7, 2009)

2 weeks with priority, 4-5 weeks without.


----------



## travelspice (May 6, 2012)

Cheers for that, happily ever after is going to happen soon.


----------



## travelspice (May 6, 2012)

Hi again. So can you direct me to the website he should go to and exactly where and how to apply for the fiance visa once he gets back to Calgary in Canada? 
If we go in person...which I think would be Edmonton? And we only have a few days in Canada, can they process it in a day or so? Or can you not go in person?
Having trouble finding the info online or even where to start.
Hope you can help....
Aiming to get married in Scotland in Nov or Dec.
Cheers


----------



## travelspice (May 6, 2012)

Hope someone can direct me? cheers


----------



## AmyD (Jan 12, 2013)

You can not apply in person if you're applying outside the UK.


----------



## salix (Apr 27, 2014)

https://www.gov.uk/join-family-in-uk


----------



## nyclon (Apr 3, 2011)

Canadian settlement visas are processed in Sheffield. You submit biometrics and your application and supporting documents in Canada and then everything is forwarded to the UK for processing and is returned to the applicant in Canada after processing. You do have the option for priority processing which puts your application ahead of non-priority applications but it does not guarantee that your application will be processed in a specific amount of time.


----------



## travelspice (May 6, 2012)

so can we apply inside the uk for it at all or does he have to return to canada to apply? and is there no way to ask for it to be done extra fast so we can return to the uk as quickly as possible?


----------



## nyclon (Apr 3, 2011)

You have already asked these questions (in this thread) and they have already been answered. He can't marry in the UK on a visit visa. He has to apply from for a fiance visa from Canada. Paying for priority processing is as fast as it gets and it takes as long as it takes. Expect a couple of weeks as a guideline but there are no guarantees.


----------



## travelspice (May 6, 2012)

For an idea...since it is online, can we apply online while in the uk using his canadian address but then fly back to do the processing part? Just get ahead of things a little by doing the online part a week or so ahead of getting back to Canada?


----------



## salix (Apr 27, 2014)

None of the processing starts until you submit your documents, that includes his passport. You can fill out the online application, save it, fly back to Canada, hit submit, then submit the documents paying for priority processing.

That's as fast as you can get, most likely a few weeks if everything is in order.

Give a thought to some of the people on here that wait months and sometimes years, then count yourself lucky.


----------



## nyclon (Apr 3, 2011)

No. You can fill out the online portion whilst in the UK and then hit send when you arrive in Canada.


----------



## Joppa (Sep 7, 2009)

Online application can be submitted from anywhere but you need to be back in Canada for the biometrics.


----------



## travelspice (May 6, 2012)

so if we submit the online application from the uk, how long will we have before we need to submit the passports etc by post from Canada? will we have a few days or should we be submitting everything within 24 hours? And can we choose the date for biometrics when we submit the application online so we can have that appointment lined up before we head back to Canada?


----------



## Joppa (Sep 7, 2009)

You can choose your biometric appointment to suit your flight schedule back to Canada. There is no absolute limit on when you should schedule your biometrics, so a few weeks are quite in order.


----------



## travelspice (May 6, 2012)

that is good...but, we can only submit the passports and documents once back in canada and is there any time limit on when these have to be submitted from the time of sending the application online?


----------



## Joppa (Sep 7, 2009)

No. Online application is usually deleted after a couple of months if you don't do biometrics, but up to a few weeks is fine. You submit documents at the time of your biometric appointment.


----------



## travelspice (May 6, 2012)

ohhh i am a bit confused....i thought once we submitted online application, we had to mail the passports, etc, off and then do biometrics once the documents come back. but the documents don't go anywhere until the biometrics are done. and at the biometric appt we can ask for priority service which would mean possibly completed visa within 2 weeks or less? hoping I have this correct....

also, can you tell me what he needs to have as far as documents, etc, for a fiance visa? and do you know the cost? do we pay when we submit online or at the biometrics appointment?

where can we do biometrics? he is from calgary...i think i saw somewhere the biometrics have to be done in edmonton....is there a biometrics place in halifax as well? we may visit family on the east coast...


----------



## Joppa (Sep 7, 2009)

You have a lot of reading to do!
Go to UK Visa Information - Canada - Visa Application Centre
https://www.gov.uk/join-family-in-uk/overview and 
https://www.gov.uk/government/uploa..._FM_1_7_Financial_Requirement_August_2015.pdf


----------



## travelspice (May 6, 2012)

Thank you for those links, I have read everything and hope I have it correct. So once we are married in the UK he doesn't have to go back? He can apply for ILR right away from within the UK? And will he be able to work legally right away when married or does he have to be given the ILR first?


----------



## travelspice (May 6, 2012)

Also, reading the rules for what is accepted income it looks like they won't allow my housing benefit or working tax credits or child tax credits as part of my income. However because I get carers allowance and DLA for my son, the rules seem to indicate that we don't need to meet the 18,000 requirement? Can you confirm that I read that correctly?


----------



## Joppa (Sep 7, 2009)

He can apply for leave to remain as spouse in UK. This will be initially for 2.5 years, which needs to be renewed for further 2.5 years and then finally he can apply for ILR after 5 years. He has to get leave to remain first before he can work. Yes, you are exempt from financial requirement and only need to meet maintenance requirement. You need to have 114.85 + 66.90 + 17.45 = £199.20 per week left after paying for rent/mortgage and council tax if you have one child. Any further child will be extra £66.90. You can add all your benefits, allowances and tax credits to your earnings.


----------



## travelspice (May 6, 2012)

Hi This is good...will they look at the income of the whole household or only mine? I care for my mum too and her income is included in the home...


----------



## travelspice (May 6, 2012)

Also I can't easily find the fee cost for the 2.5 yr ILR...is he allowed to be included in my housing benefit once we are married? And will he be able to get working tax credit on ILR in case he only has part time work?


----------



## Joppa (Sep 7, 2009)

travelspice said:


> Hi This is good...will they look at the income of the whole household or only mine? I care for my mum too and her income is included in the home...


 Only your income.


----------



## Joppa (Sep 7, 2009)

travelspice said:


> Also I can't easily find the fee cost for the 2.5 yr ILR...is he allowed to be included in my housing benefit once we are married? And will he be able to get working tax credit on ILR in case he only has part time work?


It's the full fees of £649 by post and £1,049 at premium service centre. 
He can't apply for housing benefit but you have to declare under change in circumstance that he is now living with you but with no recourse to public funds. This is important as non notification is criminal offence. Once he gets ILR (in 5 years), he can apply for tax credits. Meanwhile you can apply but you must declare he is subject to immigration control.


----------



## travelspice (May 6, 2012)

And will it be the same if he went the ancestry route before getting married? With ancestry he still would need to do ILR SPOUSE then wait the 5 yrs?
He also gets dla in Canada for a condition he deals with...but again, no dla allowed for 5 yrs here either?


----------



## Joppa (Sep 7, 2009)

If he is on ancestry visa, don't let him switch into spouse leave as that will reset the clock. Just stay on ancestry for 5 years and then apply for citizenship, as he can do so straight after getting settlement for being married to a Briton.


----------



## travelspice (May 6, 2012)

Hi We are filling in the application online and I have a couple of questions before I hit submit...first, it asks what date he left the UK. Well he hasn't left yet but in order to bypass that section to get to the appointment page, I have to enter a date that he departed. Should I pick a random date and explain to them at the appointment? Or will we be in trouble for providing false info?
We want to book a flight for Oct 25 but only if we can get a biometrics appointment in either Toronto, Montreal, ottawa or Halifax on Oct 26. I need to see the appointment choices but can't get to that part until I hit submit application.
Please help....unsure what to do....


----------



## travelspice (May 6, 2012)

Also we put in a guess for his father's birthdate, hoping we can also update this at the appointment?
And lastly, it asks if he has held previous passports and yes he did over 15 yrs ago but has no info on those passports. In order to bypass this section again, he has to put the false answer of no previous passports. Will they understand if we explain at the appointment?


----------



## Joppa (Sep 7, 2009)

#1 Enter 25th October, but explain under Other Information that the date is provisional until you can secure a biometric appointment.
#2 Just put a line through and add correction on the printed-out form.
#3 Answer no.


----------



## travelspice (May 6, 2012)

Hi it won't let us enter a date in the future only past dates.


----------



## Joppa (Sep 7, 2009)

Enter today's date and explain as above.


----------



## travelspice (May 6, 2012)

Ok will try that thank you.


----------



## travelspice (May 6, 2012)

Hi So we have decided to wait until next summer to go to Canada and get this marriage visa sorted out. In the meantime I have another question...a friend suggested we go over to Ireland and get married then come back to England and let the government know we are married...would they let him stay then? How would that work? If we get married in a non UK country and then come to the UK already married, what would he need to do then?
Just curious.....


----------



## nyclon (Apr 3, 2011)

travelspice said:


> Hi So we have decided to wait until next summer to go to Canada and get this marriage visa sorted out. In the meantime I have another question...a friend suggested we go over to Ireland and get married then come back to England and let the government know we are married...would they let him stay then? How would that work? If we get married in a non UK country and then come to the UK already married, what would he need to do then? Just curious.....


If you marry in another country whether Canada or Ireland or any other country, he'll need to apply for a spouse visa from Canada in order to join you on the UK.


----------



## travelspice (May 6, 2012)

Hi, can you tell me if the spouse visa is a better way to go than the marriage visa? Looking for the most economical way to do this...does the spouse visa convert to indefinite leave to remain like the marriage visa does?
Super appreciate your help with this.


----------



## salix (Apr 27, 2014)

Nothing just converts, in each case you have to qualify for, apply and pay for the next visa.

With a marriage visa, you get married, then he goes back to Canada.
With a spouse visa, you've gotten married here (on a visa) or elsewhere, then applied from Canada and are able to come for 2.5 years.
At the end of 2.5 years, you apply for FLR(M).
At the end of that visa, you can apply for ILR.
Once on ILR and here for 5 years, he can apply for citizenship.


----------



## travelspice (May 6, 2012)

This is not what I was told on here before...can you just confirm...I understood from this forum that he applies for the marriage visa in Canada then comes to the UK to get married and does not have to go back to Canada after that and can apply for ILR right after married from within tthe UK...


----------



## nyclon (Apr 3, 2011)

travelspice said:


> This is not what I was told on here before...can you just confirm...I understood from this forum that he applies for the marriage visa in Canada then comes to the UK to get married and does not have to go back to Canada after that and can apply for ILR right after married from within tthe UK...


You have misunderstood. That had never been the case. If you apply for a fiancé visa you have 6 months to marry in the UK. Ot's not ILR that he applies for after marriage in the UK i's FLR. Once married you apply for FLR (M) which is good for 2.5 years. After 2.5 years you renew FLR (M) for another 2.5 years. After 5 years and passing the Life in the UK test you apply for ILR.


----------



## travelspice (May 6, 2012)

What is FLR exactly? and can he apply for it within the uk once we are married? just want to make sure he does not have to go back to Canada again once we are married...


----------



## salix (Apr 27, 2014)

Futher Leave to Remain and yes, he can apply from within the UK after you've married on a Fiancé Visa. A Fiancé Visa is not the same as a Marriage Visa, so please don't use the terms interchangeably or you won't get correct answers. A Marriage Visa is simpler to obtain, but only lets you come, get married and then have to leave again.


----------



## Joppa (Sep 7, 2009)

Fiancé visa is officially called marriage visa, the one that allows you to apply to extend your stay as spouse after you are married in UK. There is also marriage visit (or visitor) visa, which allows you to marry in UK but then you have to leave. Any further applications will have to be made from the country of your usual residence or of nationality.


----------



## travelspice (May 6, 2012)

So just to get this right....we go to Canada get fiance visa then come back to UK and get FLR?


----------



## Kimi2490 (Nov 8, 2012)

travelspice said:


> So just to get this right....we go to Canada get fiance visa then come back to UK and get FLR?




No.

Let's try and do a simplified timeline for you-

Scenario A-

He applies for a fiancé visa in Canada, is granted, moves to England.

When in England, you two get married within 6 months. 

After the wedding, you apply for a SPOUSE visa from within the UK.

This Spouse visa will be 2.5 years long. Once those 2.5 years are up, you apply for a Further Leave to Remain visa (FLR), again from within the UK

This FLR visa is 2.5 years more.

At the end of the above visa, you apply for Indefinite Leave to Remain (ILR) from within the UK and then he can stay on forever without any future visa applications.

So in essence this route is - Fiance visa (6 months)- Spouse visa (2.5 years)- Spouse visa extension (FLR 2.5 years)- Indefinite leave to remain.

Scenario 2

You get married in Canada and directly apply for a Spouse visa from Canada itself.

Then you follow the same route as above.

In Scenario 2 you just get to bypass the fiancé visa fees and hassle. 

Hope this helps


----------



## salix (Apr 27, 2014)

Kimi2490 said:


> No.
> 
> 
> After the wedding, you apply for a SPOUSE visa from within the UK.
> ...


Almost, except this is also called a FLR(M). The spouse visa is your second scenario, where you marry elsewhere and apply for a Spouse Visa to come to the UK.


----------



## Kimi2490 (Nov 8, 2012)

salix said:


> Almost, except this is also called a FLR(M). The spouse visa is your second scenario, where you marry elsewhere and apply for a Spouse Visa to come to the UK.


Aah I see. Yes makes sense. Thanks!


----------



## travelspice (May 6, 2012)

Hi This is all very helpful thanks sooo much. But can you tell me which option is cheapest?


----------



## salix (Apr 27, 2014)

It depends, getting married somewhere else reduces your visas by one (the cost of the fiancé/marriage visa), but you have to factor in the cost of traveling to wherever you will be marrying. Otherwise, the costs are pretty much the same.


----------



## Kimi2490 (Nov 8, 2012)

In my opinion, bypassing fiancé visa makes it cheaper if you are only accounting for overall visa costs, as that makes it one less visa to pay for!

But then again, it means you have to fly to Canada to get married etc. All those costs are your own to consider, but from purely a visa standpoint, marrying elsewhere and applying for a spouse visa directly to enter the UK makes the visa costs reduce


----------

