Weaving through the system: help needed!

There are plenty of examples of posters on here who have left their non-citizen partners in the UK when they have needed to take trips for various reasons. There is no requirement for the UK citizen and the visa holder to reside together in the UK for a particular amount of time before either one leaves the other to go on a trip out of the UK. Can you point to any language in the guidelines that states as much?

If the OP can meet the financial requirement and the other relationship/housing requirements, then the visa is not obtained using deception. Their intention is to permanently move to the UK. So no, I don't see it as a problem. The most conservative position is for the OP and his family to not move until he is done with his project stateside.

I'll send an email to UKVI over the weekend and ask them if what you are suggesting geeta is legal or deception. Lets get UKVIs verdict.

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.

I agree with Geeta. We've seen people on here who have, for example, needed to return to the US to finish selling a house or tie up loose ends in a job after having officially moved to the UK. As a UK citizen, there is nothing stopping the sponsoring spouse from continuing to work for a US employer, even if that requires them going back for a couple of months to do something in person. The reasons for them making the move in September are obvious for the children to start school on time, and as long as the UK spouse is arriving with them at the start of the visa and they meet the requirements otherwise, I don't see how this is a problem or a deception.

Great input!  Having spent the last 17 years successfully negotiating the US immigration system it now appalls me that I'll have to run the same gauntlet (hopefully not as long) to get my family back "home".

It is tricky making your life fit into the strange maze that the lawmakers dream up and often times you find yourself at the outer edge of the envelope.

Which is where I find myself. And reading previous posts I think I am in good company!

There seems to be a general preference on this forum for the "Standard Visitor" visa vs doing a "General Visitor" entry (more commonly referred to as a "tourist visa") however when I read through the latest guidance documents they seem very similar. And both could be argued to be "illegal" for my wife as her intent is to move to the UK whereas they are both for "visitors" only.

Am i missing something on that point?

Also is their a proven way for US nationals to goto the UK before their UK spouse? (w/out jeapordizing their future application?)

Great point on the landlord list of occupants issue, I had not considered that.

On the idea of starting the spouse application in July then returning to US for 3 months to finish the project, I'll do a search on the guideline docs for requirements on UK nationals who are the "settled party". (Hard to conceive (but not impossible!) that the UK gvmt would be able to lawfully restrict movement of one of their citizens during the application.)


Thanks!
 

You are correct that applying for a tourist visa in advance carries the same restrictions as receiving a visa at the border. So that won't really allow you to do what you want to do.

There is no proven way for non-UK nationals to move to the UK ahead of their UK partner as you are proposing. It's not meant to be done.

Could she apply for a visa on her own merits, e.g. Tier 2 work visa then switch to a spouse visa later while remaining in the country?

(this scenario would be she would go alone to UK, setup shop, kids would stay w me for the next academic year then we'd reunite in Summer 2016)

Could she apply for a visa on her own merits, e.g. Tier 2 work visa then switch to a spouse visa later while remaining in the country?

(this scenario would be she would go alone to UK, setup shop, kids would stay w me for the next academic year then we'd reunite in Summer 2016)

Of course.  If she receives a Tier 2, she can move to the UK without you.

The UK is actually more difficult to move to than the US.  They are desperately trying to reduce immigration and returning UK citizens with a trailing spouse have been very hard hit.

Just be aware that it's very difficult to receive the Tier 2 visa.

I can assure you that moving to the US was no piece of cake.  (but that is for a different forum!)

It does amaze me how the UK government managed to shoot themselves in the foot so effectively and enthusiastically with these new rules.  I guess they don't want their highly trained expat labor force (and their equally energized spouses) returning to the motherland.

We are seriously thinking of just throwing in the towel and staying stateside but the goal of us all being dual US-UK and escaping this immigration nightmare drives us on....  

You are correct that applying for a tourist visa in advance carries the same restrictions as receiving a visa at the border. So that won't really allow you to do what you want to do.

There is no proven way for non-UK nationals to move to the UK ahead of their UK partner as you are proposing. It's not meant to be done.

Are you absolutely sure she'd be refused if she applied ahead of time? We've seen stranger things happen. With a tonne of money in the bank and a return ticket, she may just get a visitors visa (esp if she's staying with a family member). If she's refused, what, her next visa might take a bit longer? But it's no black mark on her immigration record and it could be worth a try.

I never said she would absolutely be refused at the border, nor do I think the OP said there would be tons of money in the bank. But considering she'd be taking a chance with most of her possessions as well as two kids in tow, I wouldn't risk being turned away at the border. Sounds like a real headache.

But considering she'd be taking a chance with most of her possessions as well as two kids in tow, I wouldn't risk being turned away at the border. Sounds like a real headache.

The point is she would not be risking anything if she applied in advance and was granted a visa. And since there may be a chance that she could get the visa, this might be a valid route for the OP to try.

If he's got enough money for the saving's route, that's probably enough to satisfy the requirement for a visitor's visa.

The point is she would not be risking anything if she applied in advance and was granted a visa. And since there may be a chance that she could get the visa, this might be a valid route for the OP to try.

If he's got enough money for the saving's route, that's probably enough to satisfy the requirement for a visitor's visa.

Of course she can apply for the visa in advance. But the point is that a visitor visa granted in advance still has the same restrictions. In other words, you're not meant to move to the UK on a visitor visa.