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Topic: Process at the airport for entry with spouse visa  (Read 922 times)

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Process at the airport for entry with spouse visa
« on: July 23, 2012, 08:37:03 PM »
Hi everyone, we are leaving the USA for the UK in a months time. My husband (USC) has his spouse visa with KOL Req'd. I need to be back for the 31st August as I have a position starting on 3rd September and my daughter will start school. However, we have our house on the market and it is not moving, and we haven't yet got a place to move to in the UK. This should be sorted out in a couple weeks - we will rent somewhere and my friiend can look it over first. But we are thinking we will have to rent our house in the USA if it doesn't sell in the next couple weeks. It may be that my husband has to stay over here for a short time to make sure the rental is sorted out etc, and myself and my daughter travel back at the end of August. We are a little concerned about the process of entry in Manchester 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.

Thanks so much!
Married to USC in UK Jan 2004
USC issued Entry Clearance in NY Feb 2004
Dual Citizen Daughter born April 2004
USC issued ILR Feb 2006
Moved to USA Feb 2010
Online Application to return to UK 22 Jun 2010
Biometrics done 25 Jun 2012
Mailed out - 27 June 2012 (UPS Overnight-Priority))
Email to confirm package arrived in NY and is being processed - 28 June 2012
Email to say the UK visa has been issued (Wow!!) 29th June
Living in MCR, UK (8 years) - myself British Citizen, husband US with ILR and two dual citizen children


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Re: Process at the airport for entry with spouse visa
« Reply #1 on: July 23, 2012, 09:22:47 PM »
Option B should be fine.  My husband was already here when I arrived, so I came over on my own with my spousal visa.  IMO, why would you want him to come with you and not be stamped just to fly back in order to enter at a later date to start his visa?  Unless there is a reason I'm missing in your post, it seems like a bit of a waste of time and money to me, but that's only my thoughts.

Anyway, the process upon arriving on my own was the same as it was when as if I arrived when visiting; however, instead of just handing my passport and the IO stamping wherever an empty page was, I had it opened to my visa page for them to stamp.  It took only a few minutes for me...and I flew into Heathrow.


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Re: Process at the airport for entry with spouse visa
« Reply #2 on: July 23, 2012, 10:59:53 PM »
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.
« Last Edit: July 24, 2012, 10:58:56 PM by ksand24 »


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Re: Process at the airport for entry with spouse visa
« Reply #3 on: July 23, 2012, 11:06:00 PM »
The OP's husband has KOL req, not ILE.  However, it doesn't matter whether he enters with you or on his own.  As long as he presents his visa they won't stamp him as a visitor. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: Process at the airport for entry with spouse visa
« Reply #4 on: July 24, 2012, 09:14:08 PM »
Thanks for all responses. I think I have a slight paranoia about getting stamped in as a visitor as that is what nullified his ILR last time. But, your advice is sound, just to make it really clear on entry he is entering with his spouse visa, so there are no oversights.
Thank you - now just have to sell a house and find the cat a home!!
Married to USC in UK Jan 2004
USC issued Entry Clearance in NY Feb 2004
Dual Citizen Daughter born April 2004
USC issued ILR Feb 2006
Moved to USA Feb 2010
Online Application to return to UK 22 Jun 2010
Biometrics done 25 Jun 2012
Mailed out - 27 June 2012 (UPS Overnight-Priority))
Email to confirm package arrived in NY and is being processed - 28 June 2012
Email to say the UK visa has been issued (Wow!!) 29th June
Living in MCR, UK (8 years) - myself British Citizen, husband US with ILR and two dual citizen children


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Re: Process at the airport for entry with spouse visa
« Reply #5 on: July 24, 2012, 10:56:57 PM »
The OP's husband has KOL req, not ILE.

Apologies - my brain was apparently not in gear when I was typing. I'll correct my post.

Thanks for all responses. I think I have a slight paranoia about getting stamped in as a visitor as that is what nullified his ILR last time.

The only reason for him to be stamped in as a visitor is if he has ILR but no longer lives in the UK.

As he has just been granted a spousal visa to return to the UK and he will be entering on it for the first time to live here, they won't stamp him as a visitor (I've never heard of this happening before, unless someone deliberately tried to enter as a visitor before their spousal visa was valid).

All he has to do is show the visa, tell them that he is moving to the UK and they will stamp him in as a spouse.


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Re: Process at the airport for entry with spouse visa
« Reply #6 on: July 26, 2012, 01:53:24 AM »
Sounds simple enough!
Thanks so much!
Married to USC in UK Jan 2004
USC issued Entry Clearance in NY Feb 2004
Dual Citizen Daughter born April 2004
USC issued ILR Feb 2006
Moved to USA Feb 2010
Online Application to return to UK 22 Jun 2010
Biometrics done 25 Jun 2012
Mailed out - 27 June 2012 (UPS Overnight-Priority))
Email to confirm package arrived in NY and is being processed - 28 June 2012
Email to say the UK visa has been issued (Wow!!) 29th June
Living in MCR, UK (8 years) - myself British Citizen, husband US with ILR and two dual citizen children


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