ILR VISA...

[jonesoboneso]

MY CANADIAN WIFE HAS BEEN LIVING WITH ME IN THE UK FOR ALMOST TWO YEARS NOW WITH HER MARRIAGE VISA. THE TWO YEAR PERIOD IS COMING UP AND SHE WANTS TO CONTINUE WORKING? WILL SHE HAVE TO APPLY FOR AN ILR VISA? AND IF SO CAN SHE WORK WHILST APPLYING? WE ARE CURRENTLY APPLYING FOR MY SPONSOSHIP VISA TO LIVE IN CANADA.

THANKS IN ADVANCE FOR ANY HELP

CHRIS

[matthewc]

Yes, UK has something equivalent to implied status. She can continue working while the ILR application is processed. See the FAQ at the very bottom of this page:

http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/applicationformset(m)/

Note, if she lives outside the UK for more than 2 years, she may not be able to return without re-applying. I'm not sure if UK has a criteria such as Canada's where accompanying a spouse counts for preserving status.

http://www.ukba.homeoffice.gov.uk/settlement/returningresidents/

[jonesoboneso]

wow! thanks for your help. we are currently awaiting a decision for my visa to live in canada and my wifes marriage visa is fast approaching two years! i am hoping my visa gets accepted soon. is my wife definitely not able to work in the uk after the two year date? the cost for applying is £840, this is such a lot of money for us? is she allowed to work as MY visa is in process? i'm a bit worried now as we really need two wages coming in...

is there anyway around this...

once again thanks in advance>

[matthewc]

I don't think there's any way around it. She could return to Canada alone and start working there if your PR visa doesn't arrive before her UK status expires, but then you'll have more expenses, as well as maintaining your two incomes.