Student vs Work Permit Spouse Visas

My wife and I are both US citizens. She is taking a job at St Andrews University starting this fall. I have been accepted into their postgraduate history program.

I assume she will get a work visa, since the university has offered to hire her. I could get a visa as her spouse or I could get a student visa since I am accepted for study into the university. Does anyone have advice on possible differences and what may be better?

Her current appointment is for 5 years, at which time, if they are still satisfied with her, she would become a permanent part of the faculty. Therefore, we may be planning to stay for a long time. My degree should take 4 years, 1 for a MLitt then 3 for a PhD.

I don't want to get kicked out when I graduate while my wife is still working there. I also am worried that since I am doing an MLitt first a student visa would only last for 1 year, then I would have to reapply.

Those considerations make applying as the spouse of someone with a work visa sound attractive. But I don't know if there are other downsides I don't know about yet.

Does anyone here have any suggestions?

Thank you,
David Stokes

You can do this one of two ways:

You get the student visa & your wife apply as your spouse and then she can work anywhere, not just have to work at the university.

Your wife can get a work permit (but I'm not sure how likely this really is) and you go as her spouse.  Either way you'll be paying international student fees.

If you go on the student visa, you can only work 20 hours per week, but there is no restriction on your wife working. 

If your wife goes on a work permit, then you are free to work more than 20 hours per week.  But your staying the UK is then dependent upon your wife's job.

Plus - I think that work permits are considered a "migration" path and thus you could end up being eligible to apply for ILR and then citizenship eventually; I'm not sure the same is true on student visas.

"You get the student visa & your wife apply as your spouse and then she can work anywhere, not just have to work at the university."

--Well I don't see her wanting to work anywhere but the university. Its a great job, and is why we are moving across the ocean in the first place.

"Your wife can get a work permit (but I'm not sure how likely this really is)"

--I trust a university with a significant international faculty and a strong desire to increase its international reputation knows how to take care of such things. They chose her after an international job search so I don't think there is a problem. She's in one of those fields (computational biology) where the job market is truly world-wide.

"Either way you'll be paying international student fees."

--Actually, as part of her contract they are giving me home fees. Which is really nice! 3,000 pounds vs. 10,000 pounds a year! There's no way they would increase her salary to cover that amount, but it doesn't cost them real money to reduce my fees (they still get my 3000 a year). It works out well for all of us.

I'm going to be busy enough as a postgrad student that I don't imagine I'll be have time to work over 20 hours a week.

I think it will work out either way, but I am worried about re-application hassles. And the "migration" path is a definite consideration for us. We've looked at the official info but, as all probably know, it is quite confusing. I just want to make sure I'm not missing something obvious. Like, can I go to school as a spouse? etc...

Plus - I think that work permits are considered a "migration" path and thus you could end up being eligible to apply for ILR and then citizenship eventually; I'm not sure the same is true on student visas.

Agreed.  She would take a WP and sponsor him after she got ILR.  The student spousal route does not make sense in the circumstances he described.  On the 5th year, she would get citizenship, and then he steps forward as a spouse with 4+ years of marriage to a British citizen.  Nice chain of events!

She gets the work permit, you come over on it.  After 4 years, she gets ILR, you get ILR, and you are both free to roam as you please.    Scotland expats meeting in St. A's, anyone??   

And since you can go to school as a spouse and one of the perks of her job is you get home fees - then I would most definitely go as what we call a "trailing spouse" on the coattails of your wife's work permit.

And I hope you weren't taking the information I was giving you  the wrong way.  There weren't enough details in what you posted for me to know that the worker permit was already "in the bag" so to speak.  A lot of people hope to get work permits and then are crushed to find out that the prospective employer doesn't care to do the legwork/pay the fees.

Just trying to be helpful.

Thanks all.

Coming as a spouse on my wife's visa was sort of the conclusion I was coming to myself, but like I said, the official info is confusing so second opinions are useful.

No problem, peedal, I took the opportunity to expand on our situation.

And a meet-up in St Andrews once we get settled in this fall sounds good to me. I'm sure we will have plenty of gratitude to express to forum members by the time we get moved.

David