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Topic: Spouse Visa Information  (Read 1059 times)

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Spouse Visa Information
« on: February 02, 2014, 09:55:07 PM »
Hi friends, (Kristin here)

Could you please point us in the right direction for where to read up more on my Spouse visa for the UK? There seems to just be so much information out there that I'm hoping there is a condensed format somewhere with all the accurate information we need, perhaps on this website somewhere? I've had a look around and found a few bits, but would appreciate some advice on the best article to read.

My other question is this:

1. When I get my spouse visa for the UK, how many months does it last for?

2. How many of those months must I physically be in the UK in order to keep it? For example, if I am gone 6 months out of the year back in the US (all at once or broken up) does my UK Spouse visa become void?

I know that I can come in to the UK without a visa for 6 months within a 12 month period as a tourist, but I want to work whilst I am in the UK so I will need a Spouse visa for this once married. I still want the flexibility of going back and forth to LA for my acting work so I'm just really trying to calculate it all out so that I don't jeopardise my position with the UK Border Office.

3. (I will apply for Citizenship at the 5 year point)
Will I need to have this Visa for those entire 5 years in order to exit and enter the UK as I please? (I'm not sure what I need to do after getting the initial Visa)  ???

Thanks so much :)




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Re: Spouse Visa Information
« Reply #1 on: February 02, 2014, 10:26:57 PM »
1. When I get my spouse visa for the UK, how many months does it last for?

It is valid for 33 months.

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2. How many of those months must I physically be in the UK in order to keep it? For example, if I am gone 6 months out of the year back in the US (all at once or broken up) does my UK Spouse visa become void?

It won't become void, but you may not qualify to stay in the UK when it expires if it is not your primary residence and you are not living with your spouse continuously.

In order to qualify for ILR after 60 months (30 months on the spousal visa, 30 months on an FLR(M) visa), you have to prove that:

- The UK is your primary residence

- You and your spouse have lived together at the same address for the whole 5 years. If you will be in the UK 6 months per year, without your spouse, you may not be able to qualify for ILR... because you won't be able to prove you have been physically living in the same house as him all the time. If he were to go to the US with you for the 6 months, that may be okay, but then he would have to get a visa to live and work there too.

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I know that I can come in to the UK without a visa for 6 months within a 12 month period as a tourist, but I want to work whilst I am in the UK so I will need a Spouse visa for this once married. I still want the flexibility of going back and forth to LA for my acting work so I'm just really trying to calculate it all out so that I don't jeopardise my position with the UK Border Office.

Well, you wouldn't be able to living in the UK as a visitor, because as you say, a) you cannot work, and also, b) you would be using the visitor visa to live in the UK without a proper work/residence visa... and that's abuse of visitor visa rules.

Each time you entered as a visitor, you would have to 're-apply' for a visitor visa, proving you had a return ticket to the US, a job, a home and a life to return to in the US, that you had no intention of living in the UK, no reason to stay in the UK, and enough money to support yourself without working while in the UK.

If you couldn't prove that each time, or if the immigration officer believed you weren't a regular tourist and were trying to 'live' in the UK, they could turn you away at the border and send you right back to the US.

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3. (I will apply for Citizenship at the 5 year point)
Will I need to have this Visa for those entire 5 years in order to exit and enter the UK as I please? (I'm not sure what I need to do after getting the initial Visa)  ???

What you would need is:

- Spousal visa, valid 33 months, to live and work in the UK (current cost £851)

- FLR(M) visa, valid 30 months, to live and work in the UK (current cost £578 by post (but may take a few months for processing), or £953 in person, same day decision)

- ILR after 60 months of living in the UK on the above two visas (current cost £1,051 by post, but currently taking 3-4 months for processing, or £1,426 in person).

For each visa, you must show that you are still married, still living together in the UK, and still meet the financial requirement.

For ILR you will need to provide evidence that you have been living together at the same address for the whole 5 years - by way of providing mail addressed to you both at the same address, spread evenly over the qualifying period.

- Citizenship, once you have ILR (current cost about £870), but you cannot have been outside the UK for more than 270 days (9 months) in total in the previous 3 years, and no more than 90 days in the final 12 months before applying. So, you would have to restrict yourself to no more than 3 months outside the UK in year 5, and 6 months in total across years 3 and 4.


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Re: Spouse Visa Information
« Reply #2 on: February 03, 2014, 03:44:33 PM »
Thank you so much for your detailed reply!

We really appreciate it!




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Re: Spouse Visa Information
« Reply #3 on: February 03, 2014, 08:52:49 PM »

- You and your spouse have lived together at the same address for the whole 5 years. If you will be in the UK 6 months per year, without your spouse, you may not be able to qualify for ILR... because you won't be able to prove you have been physically living in the same house as him all the time. If he were to go to the US with you for the 6 months, that may be okay, but then he would have to get a visa to live and work there too.

Oh one last question, you say above 'the same address' - but we are always moving house, Neil has moved house 5 times in the last 3 years. He moves for his work all the time and he intends to carry on moving around as he loves to live in different parts of the UK. He does't have gypsy blood in him though, haha... he just loves to travel...

Are you saying that we need to live in the same address for 5 years? That could be possible but probably not. I mean, just think how many couples rent and the landlord wants the house back as an example, or the husband loses his job and has to relocate, what I'm saying it that people are always moving. So I can't see how we could guarantee to stay in the same house for 5 years...

Thanks again, we really love your reply - so informative!




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Re: Spouse Visa Information
« Reply #4 on: February 03, 2014, 09:02:18 PM »
No, of course you don't need to live in the same place for five years.  You need to live together which would mean you have the same address(es) as one another for five years.


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Re: Spouse Visa Information
« Reply #5 on: February 03, 2014, 09:20:39 PM »
Oh one last question, you say above 'the same address' - but we are always moving house, Neil has moved house 5 times in the last 3 years. He moves for his work all the time and he intends to carry on moving around as he loves to live in different parts of the UK. He does't have gypsy blood in him though, haha... he just loves to travel...

Sorry, as geeta said, I meant live at the same address as each other for the 5 years.

You can move as many times as you like, and you don't even have to be in the UK for the whole 5 years HOWEVER you must both be at the same address as each other wherever you live.

If you were to spend 6 months in LA, while your husband stayed in the UK, that would not be living together for the full 5 years - you would only have lived together for 2.5 years, and lived apart for 2.5 years, and unless you have compelling reasons for this (i.e. he's in the military and was deployed abroad while you stayed at home), you may not qualify for ILR.

However, if he were to live WITH you in LA for those 6 months each year, you would still be living together for the whole time... but then of course, you have the problem of getting him a visa to live in the US, and what he would do about his employment in the UK... because you still have to meet the income requirement for each visa.
« Last Edit: February 04, 2014, 08:55:31 AM by ksand24 »


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Re: Spouse Visa Information
« Reply #6 on: February 04, 2014, 08:39:55 AM »
Ah ok we understand now! Thanks again   :D




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