How long is it good for and does it matter that I'm not there at the moment?

Good morning,

I've just discovered the forums and they are great, but a massive amount of information that I can't seem to find what I'm looking for in.  Can someone either point me at the right posts or help with these answer.

** I know this isn't legal advise, I don't want to hold people to it, just hoping for some direction please ** 

I am a UK Citizen by birth (although dual US now) and my wife is a US citizen.  We have been married 15 years and living in the US.

We are now looking at moving back to the UK together, but everything I find is based on a spouse moving to a "settled UK citizen".

We are fortunate to have a 6 figure savings account that is in the UK and has a UK postal address, we plan to stay with my parents for about 30 days while we get a flat.  Then start the job hunt.

We are thinking we need to apply with a VAF4A.  But do I need to have been living there for a while for that to work?

The processing time for a VAF4A seems pretty good, but is there a time limit for the VISA after it is approved before entry?  I know the US ones time out, but we have to mix in selling a house to this process so would like to get this done at the right time.

Finally does anyone have any recommendations about where to get advise for this process, the UK Border Agency web site is adamant that they won't answer any questions about Visa types but really doesn't recommend the sort of person we should direct that to?

Any help people have would be appreciated and thank you in advance.

Gary 

First of all, you should not apply for your visa more than two months before you want to travel.  So when you know that date, then you can apply two months prior.

Second, you will need to apply online, not using any paper form like VAF4A. 

Third, you will need to meet the financial requirements to be able to sponsor your wife for a visa to move to the UK.  You will need to demonstrate that you have a job earning at least £18,600.  If you will not have a job when you move back, then you must demonstrate you meet the cash savings requirement.  Here is an excerpt from another thread that illustrates the requirements:

The £18,600 is the minimum annual salary that the UK citizen must earn in order to meet the financial requirements if you are NOT using savings.

If the UK citizen does not earn £18,600 or more per year, then it can be made up using savings.

However, the first £16,000 of savings are not counted and then you need 2.5 times the difference between the UK citizen's salary and £18,600.

So, if the UK citizen has no salary, then you need £62,500 in savings (2.5 x £18,600 plus £16,000).

If the UK citizen earns, say £10,000 then you need £37,500 in savings (2.5 x £8,600 plus £16,000)

If the UK citizen earns, say £15,000, then you need £25,000 in savings (2.5 x £3,600 plus £16,000).

http://talk.uk-yankee.com/index.php?topic=78171.0

Thanks for the response, guess the travel time is going to get tight, will probably apply when we accept the offer on our house, but then might need to make the closing date a little longer.

You are not required to leave within two month of the application, but you cannot apply any earlier than two months before you want to leave. So delaying your entry date is okay if need be.

I thought you could post-date 3 months?

I thought it was 3 months too - that's what it says on UKBA

This is straight from the UKBA website - I would go with this Gaz.

Applying for a UK visa in the USA
This page explains how you can apply for a visa to come to the UK if you are currently in the USA.

When to apply
You can apply for a visa up to 3 months before your date of travel to the UK. Applications received more than 3 months before your date of travel will be returned without a visa and without a refund of the application fee. You will then need to submit a new application and to re-enrol your biometric information at the appropriate time.

We strongly advise you not to confirm your travel arrangements until you have received your visa. To find out how long we usually take to process your type of visa, see the Visa processing times page.

Here's the link in case anyone needs it...

http://www.ukba.homeoffice.gov.uk/countries/usa/applying/?langname=UK English

I'm sorry, I had two months in my mind. Three it is.

We are thinking we need to apply with a VAF4A.  But do I need to have been living there for a while for that to work?

No, you don't have to be there for a while first (although if you are applying in the US, you can't use the VAF4a, you have to apply using the online form - you can look at the VAF4a for reference though, and you also need to print and fill out Appendix 2).

If you are moving together at the same time, in order to meet the financial requirement, you (the UK citizen) need to have earned a minimum of £18,600 in the US in the past 12 months before applying for the visa AND you must have a guaranteed job offer in the UK paying at least £18,600 and starting within 3 months of moving to the UK.

Or, if you can't meet this requirement, you can move to the UK ahead of your wife, work for 6 months in a job paying at least £18,600 per year, and then apply for the visa.

Alternatively, if you can't meet the requirements either of these ways, you can use savings (but the first £16,000 don't count and then you need 2.5 times the difference between your salary and £18,600), or non-employment income such as rent from property you own, pensions etc.

You can find out more detailed information about how to meet the requirements in Annex FM 1.7, which is linked on the right hand side of this page:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

The processing time for a VAF4A seems pretty good, but is there a time limit for the VISA after it is approved before entry?  I know the US ones time out, but we have to mix in selling a house to this process so would like to get this done at the right time.

As has been established already here, you can apply for the visa 3 months before you want it to be valid from (i.e. you put your travel date 3 months ahead of the date you apply online), but then you also have 3 months and 28 days to enter the UK and still be able to qualify for the next visa (and eventually permanent residence) before it expires.

So, you could potentially apply 7 months before you actually move: for example, say you applied today, January 2nd, you could put your 'travel date' as April 2nd so that the visa is valid from April 2nd, and then you could enter the UK any time between April 2nd and July 30th. While you can enter the UK after July 30th, you will find that you will have to pay for an extra visa extension later down the line in order to meet the residency requirement for permanent residence.

Finally does anyone have any recommendations about where to get advise for this process, the UK Border Agency web site is adamant that they won't answer any questions about Visa types but really doesn't recommend the sort of person we should direct that to?

There isn't really anyone you can speak to directly about this - as you said, UKBA won't talk to you (and although there are UK numbers you can call and the Worldbridge website/call service, they are known for giving out bad advice because the operators don't seem to know the rules very well), so, your best bet is to look at the UKBA website (all the information is on there) and also there are several people here at UK-Yankee who can answer questions for you too .

Another good place to look is Transpondia's site: http://www.londonelegance.com/transpondia/family-visas/spousal-visa

Any help people have would be appreciated and thank you in advance.

Gary 
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