Spouse of dual national student visa question

Hi,

I'm having a bit of trouble understanding which visa my wife should apply for, and I hope someone can help.  I'm a dual UK/US national who is resident in the US (and have been for many years).  I'm starting a postgraduate course this fall, and my wife (US citizen) needs her visa/entry clearance.  I don't understand which category she should apply for.  We don't intend to settle in the UK - at least not at this point, we'll reexamine that next year.  I called the visa help line, and they just confused the issue even more.  They said she could not get a visa unless:

a) She had a job offer and went through the work permit process (she doesn't)
b) I travelled on my US passport and applied for a student visa - she could then apply as a dependent of a student

This seems wrong to me.  Can't she apply for a non-settlement visa as the spouse of a British citizen who is not normally resident in the UK???

Any help on this would be greatly appreciated!

Steve S

Couple of questions here, a) how long do you plant to stay, but not settle?  b) does she need/want to work during this time. c) how long have you been married?

If she is staying less then six months, has no intent to settle and will not work she just needs to go to the UK with her passport.  You can apply for a visitors visa ahead of time, but that is totally unecessary, especially given you circumstances.

If she intends to work, you are probablly best going for a normal Spousal visa.  Even though that is a settlement visa, it doesn't mean you are "stuck" there permently.  It just means you have the opportunity to reside in the UK, if you wish.

a) how long do you plant to stay, but not settle?
We'll be there for atleast one year

b) does she need/want to work during this time.
She may not (we have an 18 month old at home), but she'd like to have the option of working part time at least
 
c) how long have you been married?
Nearly 12 years

I was also told over the phone that we could not apply for a settlement visa when I am coming over as a student.  We do have adequate funds available to support ourselves for at least two years, so I don't see how this is correct either!

I was also told over the phone that we could not apply for a settlement visa when I am coming over as a student. 

That doesn't sound right to me....as long as you have enough money to support your family, you shouldn't have a problem getting a spousal visa.

And because you've been married for more than four years, your wife will get immediate permanent residence when the spousal visa is granted....but like kitsonk said, if you don't plan to stay in the UK, you don't have to!

I was also told over the phone that we could not apply for a settlement visa when I am coming over as a student.  We do have adequate funds available to support ourselves for at least two years, so I don't see how this is correct either!

Did you tell the person on the phone that you are not planning to settle in the UK or that you were looking for a non-settlement visa?  If so, that could explain their response.  The spouse visa is a settlement visa.  It's for people who are moving to the UK to settle.  If you told them--as you told us here--that the two of you are not settling in the UK, then it kind of makes sense that they would say that a settlement visa would not be appropriate.

This can be addressed very easily--it's all just a matter of terminology.  Just start seeing and describing your trip to the UK as a move to settle.  If you are moving to the UK to settle there, your wife should be able to get the spouse visa.  I don't see this as dishonest.  You are moving to the UK.  You plan at the moment to return to the US after one year, but you never really know.  You could end up staying there.  And seeing this as a settlement move will not mean that you are stuck there.