Little UK Visa help?

[leonsfangirl]

Hey,

My SO went back to Canada on Monday and we are not coping well at all.

So, they stamped his passport saying he has 6 months here and he cant work and what not. What i'd like to know is, because he went back to Canada IF he re-enters the UK tomorrow, can he stay for 6 months from the date of his first entry (may 8th) or will it be 6 months from his 2nd entry?

Sorry if im not making any sense, im tired,ive been crying and im grasping at straws!

Im thinking of just asking him to come back and stay here till my divorce is final or until the 6 months is up.

[princessmeg1328]

My understanding of the rules is that you can be there for a total of 6 months in a 12 month period. If he hasn't used up all 6 months then he might be able to stay. As far as I can tell, it's a cumulative 6 months. However, he's still asking for clearance each time he tries to enter even if there's time left on his 6 months. I know that because I've had problems getting into the UK to see my SO even though I hadn't used up all of my 6 months. They still stamped my passport saying I had 6 months there. I hope that helped! If you have anymore questions, please don't hesitate to ask me.

[Malaga]

I agree with princessmeg, that's what I've been told as well. My bf also lives in the UK so I've looked into it. I have also been informed that once you use up 6 months or close to that, you have to spend at least the same amount of time out of the country, so he won't be able to re-enter UK for another 6 months. In the end I guess it comes down to making a meaningful departure, he has to spend enough time in his country of origin to convince the immigration officers he has enough links there and isn't trying to move to the UK.

[lucybelle]

The thing is, they might not stamp him in for another 6 months. Depending on how long he stayed in the UK, if he comes right back it might look suspicious and they might give him less time.

[Haley53]

Unfortunately the others are correct. :/ My boyfriend and I can see one another for three months at a time in theory, but after the end of that three months, we have to spend three months or more in our own countries. We would not be allowed to turn round and come right back, at least not with border patrol getting very suspicious. I doubt we'd be let through seeing as we're only allowed 6 months in a period of 12.

[MeganK]

I know exactly how you both feel,
I was in england for 6 mnths with my lovely bf
I left last nov, If im correct ... He has to wait 6 mnths
before hes aloud to enter back in for another 6 mnth stay,
I researched with my bf and thats what we found, it might not have been right.
If you add the uk border agency in america to facebook, you can ask them questions
and they will answer you back, wouldnt hurt trying.

Good luck!

[leonsfangirl]

Thanks for your help,

Im thinking of having him come home till my divorce is final then we can all go back to Canada to marry and file the visa application. It would mean us seperating for a few months as id have to return home with the children and he has to file the visa outside the UK. Im thinking it would look better on the visa application if we've spent more than 3 weeks together before we get married.
I just dont know what to do.

[lucybelle]

So who is moving to who? Will you be moving to Canada? Or will he move to the UK?

I think if he can take the time off work and the both of you can afford for him to stay in the UK for months without an income, than you should definitely go for it! My SO moved in with me in the USA and he was not allowed to work. He could even move to the UK and then get married and then apply for a visa. I don't see why he would have to do that outside the UK, though there could be rules I'm not aware of.

The big thing for a visa is showing an on going relationship. So if you have pictures, emails, letters, and multiple visits, you should be good.

[leonsfangirl]

He's moving to the UK

For both the fiance visa and spouse visa you have to apply outside the UK and the decision (looking at the stats from the UK border agency website) will take up to 3 months. This is where our problem lies, if he leaves Canada to come here for 6 months, he'll lose his job and where he lives. While he's here my parents and i can support him but he's screwed when he returns to file the paperwork.

The fiance visa (im thinking) would be quicker but im still waiting on my decree absolute (ex wont co-operate) so i cant see us being in a position to try that for awhile.

I just want him here

[princessmeg1328]

I'm not sure if this would be of any help to you, but I know in the States there's a priority processing fee you can pay. It might be worth looking into something like that for the fiance visa at least. You would get an answer on his visa within 15 working days.

[snow_girl]

There is a spousal visa you can get between can/uk for people that can't physically be with each other due to visa restrictions or whatever. So since neither of you can get a holiday visa or just move that might apply to you. I can't remember what it is called but it's on the main boarder control website.

[leonsfangirl]

I've read so much today my brain hurts.

As for the spent leave rule, i read quite alot on this today and it's not an actual law but a guideline i found a website thats very helpful with all visa related stuff.

https://londonelegance.com/transpond...ent-leave-rule

The unmarried visa (I think thats the one you mean) doesnt apply for us as we havent been living together for 2 years *sigh* so we only have the fiance or married visa route open to us and both have to be applied for outside the UK.

Our best ( and only option i'm finally admitting to myself) is waiting till my divorce is final and marrying in Canada like orignally planned then filing for the husband/wife visa and hoping we have enough evidence to prove we're a proper couple.

Thanks for all the help guys, i really appreciate it.

[snow_girl]

Its not an unmarried partner visa. Maybe I am getting it confused with a Canadian visa. I think maybe its a special marriage visa for those who can't be physically together, like you too. I can't seem to find it at the moment, when I have a little more energy I'll see if I can find it.

[leonsfangirl]

Whats you've described sounds familier .... thanks for helping me, im quite simply crap at doing anything at the moment.

[snow_girl]

Found it! it is for Canada, but here it is anyway.
https://www.visabureau.com/canada/conjugal-partner.aspx