# Urgent Advice Needed! UK - Canada temp / work Visa



## R_P (Sep 6, 2011)

Hi,

My Wife and I were married in Koh Samui, ,Thailand, in May 2010. She is Canadian but lived in Scotland with me since February 2009. When we got back from Thailand, we tried to register the marriage here in the UK, but the UKBA and Registers House told us we were already married so not to worry. We now can't get a spousal visa because the same authorities are not recognising the Thai marriage certificate!!! It was them that wouldn't let us marry in the UK in the first place, due to the Thai certificate being accepted by them! So now she is in Canada and I am here, they want the Thai government's official docs for the marriage which we can't get hold of as we always intended to regsiter in the UK, but weren't allowed to be married twice! 

So now, before the final decision on her Spousal Visa which is 23rd Sep, I want to go over there next week, marry her (AGAIN!) and send in the certificate etc so that she can come home.

If this, for some reason (I have no confidence in the authorities over this) this still isn't acceptable, I want to stay in Canada for 6 months before we go travelling.

I know I will get 6 months without having to obtain the temporary residence Visa, due to my UK passport. I also saw that people with a temporary residence visa (the visa I don't need because I'm Scottish), can apply for a work Visa from Canada, rather than having to come home and apply for one. Does this still count for people who don't have the temp residence visa, but are allowed temp residence as they're from the UK?

Any help would be greatly appreciated, as I am planning on handing a week's notice in today, to get a flight next Wednesday. 

Thanks in advance!

Rich


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## Auld Yin (Mar 10, 2009)

R_P said:


> Hi,
> 
> My Wife and I were married in Koh Samui, ,Thailand, in May 2010. She is Canadian but lived in Scotland with me since February 2009. When we got back from Thailand, we tried to register the marriage here in the UK, but the UKBA and Registers House told us we were already married so not to worry. We now can't get a spousal visa because the same authorities are not recognising the Thai marriage certificate!!! It was them that wouldn't let us marry in the UK in the first place, due to the Thai certificate being accepted by them! So now she is in Canada and I am here, they want the Thai government's official docs for the marriage which we can't get hold of as we always intended to regsiter in the UK, but weren't allowed to be married twice!
> 
> ...


Firstly, being Scottish gives you no special rights in Canada. You come under the same immigration/visitor rules as anyone else in the world. You cannot work in Canada without the appropriate visa.
Your post is somewhat confusing but I assume you want to live with your wife in Scotland, is that correct? If so, you/she must apply to the UK Immigration authorities for her permission to immigrate into the UK OR is it you that wishes to immigrate to Canada?


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## R_P (Sep 6, 2011)

Hi,

Thanks for the reply, and sorry for the rambling message!

My Wife is Canadian, and has had to go back there to apply for a spousal visa from Canada, so she can come home to Scotland. However, they are now saying our Thai wedding certificate (in English) needs to be backed up by Thai Government's documentation. The problem is, we are pretty sure that it was just the ceremony, which is why we tried to register the marriage in the UK upon our return from honeymoon in Thailand. The UK authorities said we couldn't do that as we were already married. This, to us, verified the legality of the marriage in the UK. Now however, it seems they are going to rejct her spousal Visa on the grounds the certificate isn't actually legal in the UK!

So I want to go there, marry her again before the decision deadline (23rd Sep) and bring her home once her Spousal Visa is accepted. We're hoping the fact we will then be married will lead to them accepting her spousal Visa.

However, if that doesn't work I will have to stay in Canada. I know that UK citizens get to go there for 6 months temporary residence without actually having to get a temporary residence Visa. However, I'd have to work. With the temp residency Visa, you can apply from Canada, instead of coming home to Scotland and applying from there. My query is, would I be able to stay in Canada to apply for the work Visa? I would think yes because I would be there on the 6 months temp rule, though I wouldn't ACTUALLY have the temp visa, as UK citizens don't need one to go for 6 months. 

So I'd like to go temporarily and while there, before the 6 months is passed, apply for a work visa without having to come home to do so.


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## Auld Yin (Mar 10, 2009)

R_P said:


> Hi,
> 
> Thanks for the reply, and sorry for the rambling message!
> 
> ...


You may come to Canada and stay for *UP* to six months as a visitor. The time allowed is at the discretion of the Immigration Officer on that day.
As far as working is concerned you will need to have an occupation on THE LIST of 29 Canada is in need of. If your occupation is not on the list you will need pre-arranged employment from an employer willing to ask the Canadian Government for permission to hire you. This is, of course, time consuming and may not occur within your visitor "visa" period. You will not be allowed to work without the appropriate visa/approval. What do you do for a living? I will check the list.


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## R_P (Sep 6, 2011)

Auld Yin said:


> You may come to Canada and stay for *UP* to six months as a visitor. The time allowed is at the discretion of the Immigration Officer on that day.
> As far as working is concerned you will need to have an occupation on THE LIST of 29 Canada is in need of. If your occupation is not on the list you will need pre-arranged employment from an employer willing to ask the Canadian Government for permission to hire you. This is, of course, time consuming and may not occur within your visitor "visa" period. You will not be allowed to work without the appropriate visa/approval. What do you do for a living? I will check the list.


I am currently working in insolvency, mostly admin stuff. I had a look at the list, but I don't have any 'skills' that are listed. I did see performing arts, I am a musician, but I would be lying if I was to say that was a viable employment plan! Ideally I wanted to get a job in a bar, but I take it I woul dneed a job offer before I would get a work visa? Reallt grateful for the advice, as you probably know, it is impossibe to get through to the High Commission of Canada etc from the UK!


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