Question about spousal visa (UK)

Hey guys!
I am new to this board, so hi to everyone. My name is Ashleigh. Now this reason I am posting is I am seeking some advice urgently.
I am American and my husband is British. We have lived together in the US for 5 years and now he has decided he wanted to relocate back to the UK.

Now here is the problem. I think we may have some hurdles coming our way when it comes to me settling here. We are already in the UK now. I entered on the UK version of a visa-waiver. I think it is called an entry stamp that allows me to stay in the UK for six months and it says "employment and recourse to public funds prohibited". Now he wants to stay here and I am fine to relocate here.

How do I go about that?
Which visa do I apply for?
Can I apply while in the UK even though on the UK stamp for six months?
or Do I need to go back to the US and apply for a visa to enter from a British embassy?

I am really confused and I have researching on UK government websites; however, I find the sites do not cover my topic. I don't even know or understand if my entry stamp is a visa.

Any advice and suggestions will be greatly appreciated!

Now here is the problem. I think we may have some hurdles coming our way when it comes to me settling here. We are already in the UK now. I entered on the UK version of a visa-waiver. I think it is called an entry stamp that allows me to stay in the UK for six months and it says "employment and recourse to public funds prohibited". Now he wants to stay here and I am fine to relocate here.

Yes, you are on a visitor visa for the UK. It's not a visa waiver, it's an actual visa, it's just been issued at the border and not applied for in advance (there's no 'visa waiver' type program for the UK).

How do I go about that?
Which visa do I apply for?
Can I apply while in the UK even though on the UK stamp for six months?
or Do I need to go back to the US and apply for a visa to enter from a British embassy?

You cannot apply from within the UK, because you are not allowed to switch from a visitor visa to any other kind of visa while inside the UK.

So, you will need to return to the US and then apply for a spousal visa. Although you apply in the US, you actually have to mail your application and supporting documents to Sheffield for processing.

In order to qualify for the visa you have to prove 3 main requirements:

- you are in a genuine relationship

- you have evidence of suitable accommodation in the UK to live in

- your husband meets the financial requirements.

The financial requirement is the hard part because unless you have over £62,500 in savings, your husband needs a job in the UK before you can apply...  he either has to have been working at a UK job that pays at least £18,600 for a minimum of 6 months, or he needs to have a job offer/have been in a UK job paying £18,600 for less than 6 months AND he also must have earned at least £18,600 in total in the last 12 months.

The visa is valid for 33 months and costs £956 plus a £600 NHS levy. It will be issued as a 30-day vignette in your passport, during which time you must enter the UK, then you have 10 days to pick up a BRP card (Biometrics Residence Permit) from a UK post office... this will be your visa.

See here: https://www.gov.uk/join-family-in-uk/overview

And information about meeting the financial requirement:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420154/Appendix_FM_Annex_1_7_Financial_Requirement.pdf

Thanks so much Ksand24!

It seems I have a few hoops to jump through then (darn).
So when I return to the US, will the UK consulate/embassy mail to the UK for me then? And it is a spousal visa I need to file? My partner has been offered a job in the UK, so I think that will cover the financial requirement.

So when I return to the US, will the UK consulate/embassy mail to the UK for me then? And it is a spousal visa I need to file? My partner has been offered a job in the UK, so I think that will cover the financial requirement.

Yes, it's a spousal visa (Settlement -> Wife to be exact).

No, it's up to you to mail it to them in the UK.

The consulate you apply to is located in the UK... so they don't do anything except pick up your application package after it has arrived and decide whether you qualify for the visa... the rest of the application process is your responsibility.

Thanks so much Ksand24!

It seems I have a few hoops to jump through then (darn).
So when I return to the US, will the UK consulate/embassy mail to the UK for me then? And it is a spousal visa I need to file? My partner has been offered a job in the UK, so I think that will cover the financial requirement.

Just make sure he will have also earned £18,600 in the past twelve months prior to the application.

Thanks KFdancer! Does he need to have made that or have a job that is that amount per year? Also, I understand I have return to the US to apply for the spousal visa. Do you know why that is? It is just such a hassle now that I am in the UK for the six month entry stamp.

Thanks again Ksand and KFdancer for all of your imput.

Does he need to have made that or have a job that is that amount per year?

There are two main ways to qualify for the visa based on salaried or non-salaried employment income.

Essentially:

1)
- he is currently earning at least £18,600 in the UK and has been with his current UK employer, earning that salary for a minimum of 6 months
or
2)
- he is currently earning at least £18,600 in the UK, but has not yet been with his current UK employer and earning that salary for 6 months yet

In which case he must ALSO show that:
- he has earned at least £18,600 in total (from any jobs) in the previous 12 months before applying for the visa

Alternatively another way to qualify is:

3)
- if he doesn't have a UK job yet, but can get a guaranteed job offer, paying at least £18,600 and starting within 3 months of him returning to live in the UK
AND
- he has also earned £18,600 in total in the US in the last 12 months (or he has been with his US employer, earning at least that much for at least 6 months before moving)

Also, I understand I have return to the US to apply for the spousal visa. Do you know why that is? It is just such a hassle now that I am in the UK for the six month entry stamp.

It's because the UK government is trying to reduce immigration and prevent as many people as the can from being able to move to the UK, so they are making it more difficult to be able to qualify for and apply for a visa to stay.

As a result they do not allow you to switch from a visitor visa to any other kind of visa while you are in the UK, so that they can restrict the number of people trying to stay here after entering as a tourist.

Ksand,

Once again thank you for making it seem clearer to me. The whole process in the UK seems complicated, but at least I know what I need to do now in order to make this process happen without any hitches. You have been a really great help!!!

 

It's because the UK government is trying to reduce immigration and prevent as many people as the can from being able to move to the UK, so they are making it more difficult to be able to qualify for and apply for a visa to stay.

As a result they do not allow you to switch from a visitor visa to any other kind of visa while you are in the UK, so that they can restrict the number of people trying to stay here after entering as a tourist.

They have not allowed switching from a tourist to any other visa for well over 10 years (I think it was back in 2003 if I remember rightly). So this isn't a recent thing...

They have not allowed switching from a tourist to any other visa for well over 10 years (I think it was back in 2003 if I remember rightly). So this isn't a recent thing...

Yeah, I was going to mention that you used to be able to do it about 15 years ago, but it didn't seem all that relevant to the OP's situation in 2015.

UKVI have been tightening the visa rules for years too, so I wasn't just referring to the recent changes, but all the measures the government have been enforcing in the last decade or two.

Over the last 10-15 years we've had:

- no more switching from a visitor visa to another visa
- no more ILR after 1 year (as a spouse)
- no more cheap/free of charge UK visas
- restrictions on work visas
- changing types of work visas
- restrictions on student visas
- rapidly increasing visa fees (ILR has gone from being free of charge to £1,500)
- new income requirement for settlement visas
- increase of ILR qualifying period for family members from 1 year to 3 years, then from 3 years to 5 years
... Etc. Etc...


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