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Topic: UK Spouse Visa  (Read 765 times)

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UK Spouse Visa
« on: April 04, 2009, 04:19:29 PM »
Hi guys.

I am an American and I recently got married to a UK citizen. He is a member of HM Forces and is currently stationed in Iraq.
I wanted to join him overseas when he returns from his deployment, but I don't know where to begin.
I feel really overwhelmed. I would hate to start a visa process, and then get rejected because I filled out the wrong form... or because if we need an interview, he won't be able to attend due to his current posting.

I was wondering if anyone here has been in this situation before and tried to immigrate to be with their spouse in the Army.

Any help would be greatly appreciated  ;)

Thank You
xxxx
Candi


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Re: UK Spouse Visa
« Reply #1 on: April 04, 2009, 04:29:37 PM »
You're not the first in this position. You can actually apply for your visa now, as your spouse is considered to be "present and settled" in the UK.


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Re: UK Spouse Visa
« Reply #2 on: April 04, 2009, 10:01:43 PM »
What visa do I need to file?
and do I have to take the "Life in the UK" test before or after I start the process?

Thanks :)

Sincerely,
Candi


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Re: UK Spouse Visa
« Reply #3 on: April 04, 2009, 10:03:52 PM »
I'm no pro, but the spousal visa is the one you need now. You'll need to take Life in the UK for the one after that, the Indefinite Leave to Remain, after two years.

Except, they're changing everything all the time, so keep an eye out.


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Re: UK Spouse Visa
« Reply #4 on: April 04, 2009, 10:11:28 PM »
WakeUpCandi, it is correct that you could apply for your spouse visa now. However it is not granted automatically, and there are conditions that would need to be met.

In particular, the accommodation you will occupy needs to be "suitable" and certainly not overcrowded. But with your husband serving abroad, it begs the question, if the visa was granted, where would you be living in the UK?

Does you husband own his own house, for example?
John


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Re: UK Spouse Visa
« Reply #5 on: April 04, 2009, 11:26:24 PM »
Also, don't worry to much about filling out the wrong form.  All applications in the US are made online and the online process for your type of visa is fairly straight forward.

Spousal visas are issued for 27 months and can be post-dated for entry for up to 3 months, based on what you are saying, you don't want to join him until he returns from his post, is that right?  If so, then you shouldn't consider applying until you know when he comes back and that ideally is in about 3 months.  If you have your visa and don't enter the country for > 3 months from the date of issue, you will run into problems down the road when you apply for settlement in the UK because you won't have spent 2 years living with your spouse.  (And don't worry, if he gets redeployed, there are expemptions that essentially will consider you living with him even when he is actively deployed)

But welcome and ask away.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Re: UK Spouse Visa
« Reply #6 on: April 05, 2009, 05:00:16 AM »
I probably should have clarified a little better. Sorry.

I don't plan to move over until after he returns from his deployment (which will probably be sometime around the beginning of June)
We would be be living in a house that the Army provides for us. They're in the process of sorting that out so it will be in order for when Sam returns.
I was also curious... can I go over and live with him while the visa is being processed or do I need to wait until it gets approved?
I just want to do things by the book to avoid hurting ourselves down the road, but my lease is up here in the US in July and if I'm scared about having to wait too long for approval  :-\\\\ because I don't have anywhere else to go.

Sorry for all the questions, I'm just trying to get my facts straight.
There's just so much information I've found online, that it can be rather overwhelming.

I really appreciate all your help xx

THANK YOU
xxx
Candi


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Re: UK Spouse Visa
« Reply #7 on: April 05, 2009, 05:37:56 AM »
I'm sorry, Candi, you'll need to wait for approval. Not to mention, you'll  be unable to travel as you'll be without a passport, since that goes with your visa application.

John,

I have a question. Candi says that the housing for her and her husband is being arranged by the Army. Assuming she fulfills all other requirements for the visa, and she could get it, do you think a letter from the Army guaranteeing housing from a certain date might be enough for proving accomodation, if she also said she'll be heading over after that date? That was she can apply earlier than June and probably have visa in hand, ready to go, by the time her lease runs out in July.
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Re: UK Spouse Visa
« Reply #8 on: April 05, 2009, 05:42:02 AM »
The letter from the Army may well satisfy both the maintenance and accommodation requirements, if it states his wages.


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Re: UK Spouse Visa
« Reply #9 on: April 05, 2009, 08:54:28 AM »
WUC, you need a letter from the Army, as tannersarms suggests, that prove that you will have a place to live and that you can support yourself without access to public funds (which his pay would indicate).  You need that before you can apply.

While it varies all the time, most of the time, family based immigration visas take maybe 2-3 weeks, with most of them being done in 24-48 hours from receipt.  So you shouldn't have to worry about this massive wait.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


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