a) If we all travel together at the end of August - should we all go through UK channel, make sure his passport isn't stamped so his entry isn't voided (he previously had ILR, but entered as a visitor unintentionally)
b) if we go ahead and my husband has to travel over on his own with the spouse visa is this ok? - and what would the process be.
I'm confused as to why you wouldn't want his visa stamped if you travel in August (option a) - he can just get stamped in on his
ILE spousal visa, start his residency in August and then fly back to the US again if he needs to. He already has permission to live in the UK, so he can come and go as he pleases on his visa after that first entry to the UK.
So, either:
- You all travel to the UK together in August (you go through whichever immigration channel they tell you to go through), he gets stamped in as a spouse and then he returns to the US for a bit to sort out the rental and then flies back to the UK again on his
ILE spousal (as long as he is stamped in on the
ILE spousal visa and not as a visitor - but since he will be setting up residency in the UK, there is no reason why they would stamp him as a visitor anyway).
or
- You go on ahead to the UK in August and then he travels to the UK after your house is sorted out in the US and enters on his visa for the first time then.
It doesn't matter which you do, and he can use his visa either way (there's no reason for him not to be stamped in on his spousal visa), but obviously the first option will involve paying for an extra 2 flights.