Job Start and Visa timing (Spouse Visa)

I have a question regarding the visa process timing and starting work in the UK as the settled party when coming from outside the UK.

I'm trying to plan my move back and was networking with some IT companies in the UK to try and eventually get employment. I spoke to a guy who had a vacancy I would've taken and was ideal for but he needed somebody ASAP and I'm not ready to move.

When I asked him about how he would react to waiting for me if this was further into the year, he said he would honestly just move to the next best qualified person in the queue rather than wait for me to move, as it was critical he has somebody start work right away.

This has got me concerned.

Obviously I can't apply for the Visa (or my US spouse can't) until I have a job offer - but how long can I expect an employer to wait. Some of these guys need you within two weeks....certainly nowhere near enough time to wait for biometrics and all that.

Is it possible for the sponsor to move before the Visa is issued and still count as "both coming back together" ?



 

Yes, the UK citizen can definitely move over first before the non-UK spouse.

Thanks, one slight problem doesn't the applicant require the passport of the UK Citizen as part of the supporting documents. In which case I would be without my passport and couldn't fly over first, or during the visa process?

No, your passport is not required, nor would I recommend you send it.

You can send a certified copy of your passport (certified at the post office), or a regular copy along with your long-form birth certificate.

You do have to provide your passport in some form for the visa, but it doesn't have to be your actual passport and it's not recommended you send it if you may need it for travel or ID purposes.

As KFDancer said, instead of sending the actual passport you can include either a notarised/certified copy, or a photocopy plus your A4 birth certificate instead.

Thanks, what is this "long form/A4" birth certificate? Is there a new format, I just have my original yellowed, creased, almost A5 one that I got at birth

A co-worker of mine is a US Notary, would they accept that as being notorized or is it country specific?

Thanks, what is this "long form/A4" birth certificate? Is there a new format, I just have my original yellowed, creased, almost A5 one that I got at birth

You should have two:

- Long Form: the official A4-sized one, with parents' details on it

- Short Form: the A5-sized copy, without parents' details

It's not a new thing, at least not in the last 30 years - I have both A4 and A5 birth certificates and I was born in 1983.

The A4 one is usually required rather than the A5 one because it helps prevent identity fraud and proves UK citizenship. 

If you don't have the A4 Long Form certificate, you can always order one:
https://www.gov.uk/order-copy-birth-death-marriage-certificate

A co-worker of mine is a US Notary, would they accept that as being notorized or is it country specific?

No, it's not country specific - it's usually cheaper and easier to get it done in the US than in the UK.

You only need to send a regular photo copy of the bio page of the UK sponsor's passport. A birth certificate is unnecessary.  The UKBA can access all the information they need from a copy of the bio page.

You only need to send a regular photo copy of the bio page of the UK sponsor's passport. A birth certificate is unnecessary.  The UKBA can access all the information they need from a copy of the bio page.

Perhaps it is okay to send just a photocopy, but it used to clearly state on the UKBA website that a regular photocopy on its own was NOT acceptable and that the applicant had the option of sending either a certified copy OR a regular photocopy PLUS the A4 birth certificate.

As I have not seen any official announcements from UKBA stating otherwise AND it clearly states on the website that copies of documents are not accepted, I stand by my advice that it is best to send either a certified copy or a birth certificate... to be on the safe side. While the supporting guidance document does state 'copies of', I find this a bit vague (i.e. do they mean official copies or photocopies?), especially considering that on the Documents Required page, it says 'All supporting documents must be originals, not copies.'

I certainly wouldn't want to risk only sending a regular photocopy and crossing my fingers that it was okay. I would be extra safe and either get the copy certified or send my birth certificate. Until UKBA specifically state: 'the sponsor's passport copy DOES NOT need to be certified, or accompanied by a birth certificate', I'm not going to advise that only a photocopy is sent.

Thanks for the links. Depending on how much my Notary charges I'll decide on what action to take.

I too would stay on the safe side. It's not much extra to cover my bases.

Would somebody like to take a stab at my original concern, I would be grateful to hear opinions?

The whole visa relies on me (UK citizen) having a job offer that starts within 3 months of the visa being issued. In the real world I may have less than three weeks to start work, or risk not being offered the job. Normal notice is about two weeks from acceptance to start in my field.

So, I have to somehow fly back to the UK, start work but still qualify as "moving back together" to avoid the 6 months of wage slips being required. It's this timing I'm a bit unsure of. You see some questions on the Application:
Where is your sponsor now?
Will your sponsor be travelling to the UK with you?
Is your sponsor currently living in the UK?

I should be in the US at the time my wife is filling out those questions correct, I can't be in the UK?

So as she can't fly until she has the Visa, but I can't wait and have to start work I technically fail to be considered "traveling with her".

Am I over thinking this?

We had a forum member recently have this...  I can't remember her screen name at the moment.

Her husband went to the UK and got a job offer starting literally the last day possible for the 3 month requirement.  He was starting work on a Monday and she submitted her online application on the Sunday (day prior) as the date she submitted the application was the official application date.  She then completed her biometrics and mailed the application off after her husband had started his new job.  So they would have been seperated at the time of application and travelling seperately.  Her visa was approved with no problems.

Thanks. I appreciate the help, I'm determined to get this down so when I press 'go" I'm ready.

Do you think you could get away with not being in the US when the US spouse submits the Visa?

To avoid fraud they would have to answer correctly and say you were in the UK at the time of applying.

With that answer it would also mean they would then have to check that you're not travelling with them.

The next question in the list would be answered "you're not living in the UK"..because if you answer yes here then surely you become a "6 month payslip case"? Or maybe they have a grace period...either way, I imagine that would then cause confusion to the officer processing your case. So perhaps in the notes section it could be explained that the UK citizen left for a job interview, got the job and intends to stay present in the UK until work starts. It seems crazy to waste $2,000 on flying back to the US for what could be less than a week.

Do you think you could get away with not being in the US when the US spouse submits the Visa?

Of course you can.

It's perfectly fine not to enter the UK together, as long as you are already in the UK. What you can't do is return to the UK AFTER your wife enters on a spousal visa (because you either have to be travelling with her, or before her).

The visa category is 'Overseas Sponsor Returning to the UK', not 'Overseas Sponsor is Entering the UK at Exactly the Same Time as the Applicant'.

All it means is that you have been living abroad and are now returning to live and work in the UK, and are applying for your spouse to join you in the UK.

It doesn't mean that you have to travel together.

To avoid fraud they would have to answer correctly and say you were in the UK at the time of applying.

With that answer it would also mean they would then have to check that you're not travelling with them.

It's not fraud - she puts on the visa application exactly where you are on the date she applies for the visa. If you are in the US, she puts 'US', if you are in the UK, she puts 'UK'.

It makes no difference, because as I said above, there's nothing in the visa rules that says you have to travel together, or that you have to be in the US when she applies.

The next question in the list would be answered "you're not living in the UK"..because if you answer yes here then surely you become a "6 month payslip case"? Or maybe they have a grace period...either way, I imagine that would then cause confusion to the officer processing your case. So perhaps in the notes section it could be explained that the UK citizen left for a job interview, got the job and intends to stay present in the UK until work starts. It seems crazy to waste $2,000 on flying back to the US for what could be less than a week.

Well, this is what we are not sure of: whether or not you would become a '6-month payslip case or not'.

If you are returning to the UK for a job, it says that you don't have to have started work in the UK, but you do have to have a confirmed job offer starting within 3 months.

It also says that the £18,600 earned in the previous 12 months can be from foreign or UK income. This implies that you can start the job in the UK, and use the US income from the previous 12 months, to meet the requirement. Therefore, this implies that you can still apply under Category B: 'Less than 6 months with employer - sponsor returning to the UK', if you have already started working.

What is DOESN'T specify though, is a case study where someone has already started working in the UK and still applies as a 'sponsor returning to the UK'. So we don't know for sure if this is acceptable or not.

The member that KFDancer mentions above got her application in just before her spouse started his UK job. He was in the UK when she applied. He started work in the UK before her visa was actually processed. Her visa was granted with no issues.

There is another member here who is in the situation that her husband will move back to the UK ahead of her and work for a couple of months, before she applies for her visa. I believe she is going to try to apply under Category B: 'Less than 6 months with employer - sponsor returning to the UK' and see what happens. If her application is successful, we will have an example of it being sufficient for the visa. If not, we will know for sure that you can't do it that way.

The visa category is 'Overseas Sponsor Returning to the UK', not 'Overseas Sponsor is Entering the UK at Exactly the Same Time as the Applicant'.

  This made me spit high fructose corn syrup all over my keyboard.

The penny finally dropped and I get it now. Thank you!