Weaving through the system: help needed!

Hi guys. I'm new to the forum and have enjoyed ready your posts, you guys are smart with a good sense of humor. Unfortunately I haven't found a post that fits our situation so I'm going to try to explain our situation and ask for your thoughts.

I am dual US/UK and my wife is US, we have two daughters and they are both dual US/UK. We currently live in the US but are looking to move to London in time for the girls to start school in September (9th grade and 4th grade).

Iam the primary wage earner and my wife is an established independent film maker but makes low budget documentaries and has minimal income (mostly from art grants).

The issue is that I need to finish a project stateside (November/December) before I can move but as stated before we want the girls to start school in September.

We're thinking of having my wife move w the kids in July with her coming across on a tourist visa. I would then join in November / December, wife would go back to NY I'd apply for her as my spouse and she'd come back on the spouse visa.  I think I should be able to achieve the salary requirement or the saving requirement.

Does that sound realistic? What are the risks with my wife coming 1st on a tourist visa? Is there a better option?

Also what delays/pitfalls do you foresee with this scenario?

Thanks for reading my long post and thanks for any advice.

Other people will come by with more advice, but my initial thought would be that IF you decide to go this route, definitely apply for a visitor visa for your wife in advance. They'd be perfectly within their rights to deny your wife entry to the UK, as she's not really visiting. Risking getting a holiday visa at the border would be incredibly foolhardy.
But who knows, she might be granted a visitor visa if you apply in advance, and then, yes, you could go forward with this plan.
Other things to think about: I think it can be quite difficult to get a school place in England, so your girls might not be able to start right away. You'll still need to meet the financial requirements to sponsor your wife, as you mentioned, but some of the routes require you having the job for 6 months before sponsoring, so check out the details.

I don't believe what you are proposing is possible.

To rent a place, you will need to show that your wife has a visa to live in the UK.  You won't be able to get a place in a school for your children without a permanent address.  Your wife would be highly illegal to be living here without her UK spouse on a tourist visa.  I just wouldn't risk it or chance it.

Have you considered moving mid-year after the Christmas holidays?  It's really not the worst thing in the world.  I know you'd rather the kids start school at the start of the year, but best not to open a big sticky can of worms.

Thanks for the quick responses. Eatoomey, regarding visitor visas, it looks like the UK gov issues a "Standard Visitor" visa. Is that the one?

Is your primary concern that my wife would be denied entry at Heathrow? (based on her frequent trips to UK w/out issue, I have to think this is very low) Or have people had initial tourist visas come back to haunt them during later applications?

Or could we later transition her visitor visa to a family visa without her having to leave the country? 

(I guess I am having difficulty seeing advantages of visitor vs tourist, for US national on a short stay seeking no employment with plans to return to US)
 

KFDancer, yes the mid-year start would be our fall back position if we can't make this work.  Not so concerned about property as I'd sign the rental contract myself or give my sister power of attorney to act on my behalf.

Still, what you are proposing is illegal.  You want your wife to live in the UK on a tourist visa.  That's illegal.  Even if for less than 6 months.

Why not apply for the spousal visa this summer so that she can enter the country legally and start your kids at the beginning of the school year?  Why wait until November/December?

Granted, even if you do that, you are required to be living in the UK with them.

You can't live in the UK as a visitor. The visa isn't meant for that purpose. If you are proposing for your wife and children to move to the UK and reside there while your wife is not on a resident visa, then that's not allowed. Your wife should apply for the spousal visa to do what you are proposing. Also, it's not possible to switch from a tourist visa to a spousal visa in the UK.

Not so concerned about property as I'd sign the rental contract myself or give my sister power of attorney to act on my behalf.

You have to list everyone who will be living at the property because landlords get fined if they have people in their property who are not meant to be in the UK, even if that persons name isn't mentioned on the tenancy. You will need to show your work details to show you can afford the rent and they will take copies of these. What will you say when it shows you are working in the US? That will be a massive warning to them that you are doing something that isn't legal. Landlords and letting agents also contact UKVI if they have doubts, so that they aren't fined. Don't get your sister involved in all that.

It is also highly unlikely under the Housing Acts, that they would let someone live at the property if they aren't on the tenancy agreement. The landlord also has the right to check on the property when your family is living there. What will your wife say if you haven't listed her on the agreement?

The landlords also want everyones name so they can credit check every adult who will live in the property.

When your wife applies for her spouse visa from outside the country, you will also need to show the landlord agrees to her living at the property.

Fot the sake of a few months, you are aksing your wife to take a big risk with her immigiration history.

Why don't you apply now for your wife's spousal visa, take the trip to the UK with your family to get them settled, then return to the US to finish your project?

Also, just to add, the likelihood of her being refused at the border is very high because of all the reason KFdancer and geeta have listed. The border agents will be suspicious and will likely question her. If she's truthful, she'll be denied entry. If she isn't truthful, she risks a ten year ban from the UK for being deceitful.   Besides a mid-year start, the only other vague possibility I can think of is if you send your kids on their own to live with a family member temporarily until you and your wife can make it over permanently. Since they are citizens you don't have to worry about any entry problems there. But obviously that could be more traumatic for them than a mid year start.

Why don't you apply now for your wife's spousal visa, take the trip to the UK with your family to get them settled, then return to the US to finish your project?

He would need to prove he has a job in the UK to be able to sponsor his wife, unless he is going to use the savings route.

His wife applying for a visa to join her husband in the UK when she knows he has a job in the US and won't be in the UK, is deception.

He would need to prove he has a job in the UK to be able to sponsor his wife, unless he is going to use the savings route.

His wife applying for a visa to join her husband in the UK when she knows he has a job in the US, is deception.

Not if they specify that the job is going to start in the future, which they would have to as part of the application. There's no deception at all. Also, the OP has stated they could use savings to meet the requirement, so perhaps there is no job waiting in the UK.

Not if they specify that the job is going to start in the future, which they would have to as part of the application. There's no deception at all.

She is applying to join her husband who lives permanently in the UK. The UK visa application is called "Apply to join family living permanently in the UK" and she knows he won't be in the UK as he will be working in the US. It's gaining entry to the UK by deception.
 

While I don't have the confidence about this issue that Sirius does, I've got to say it does seem shady to apply now, have him go to the UK initially, and then leave again.  I seriously doubt the home office would look kindly on that, and I think the rules surrounding it are vague but likely land on the side Sirius is advocating for.

She is applying to join her husband in the UK. He won't be in the UK as he will be working in the US. It's gaining entry to the UK by deception.
The UK visa application is called "Apply to join family living permanently in the UK".

I disagree. If they move over as a family and he needs to return to the US for a short time, that is not deception. The OP is allowed to take a trip out of the UK as desired. Their ultimate plan is to move to the UK. They will be doing that. He can go over with the family, establish their life there, and then take a short trip out of station if need be.

I disagree.

If they move over as a family and he needs to return to the US for a short time, that is not deception. The OP is allowed to take a trip out of the UK as desired. Their ultimate plan is to move to the UK. They will be doing that. He can go over with the family, establish their life there, and then take a short trip out of station if need be.

If that was allowed, don't you think every Brit would try that one to get a start on their partner's 5 years to ILR?

This is not his UK office suddenly sending abroad for a few weeks. He doesn't "need to return to the US for a short time", he works in the US and has done for years and he will not be able to leave that job to return to the UK to reside until the end of this year.