Work Visa and Passport- money questions

I am going to London on a work visa (6 months) and my husband is coming with just a passport, since those also last 6 months.  I plan on supporting him with the money that I earn.  When we first enter though we will probably have about $3,500 - will they allow us to enter if we plan on staying 6 months and only have $3,500??

OK well first up there is a special visa for spouses of work permit holders. This is the extract from the Immigration Rules:

Requirements for leave to enter or remain as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

194. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

(i) the applicant is married to a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and

(ii) each of the parties intends to live with the other as his or her spouse during the applicant's stay and the marriage is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse; and

(vi) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter or remain as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135)

195. A person seeking leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) provided that, in relation to an application for leave to enter, he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 194 (i)-(v) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 194 (i)-(v) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K).

Without the correct visa, your husband may not be permitted to enter the UK at all, no matter how much $$$ he has in his pocket.  £3500 is not enough to maintain a person in London for 6 months but it is no good him telling the immigration officer at the airport that you will be supporting him when he is not on the the correct spouse visa. 

NB I believe US passports are generally issued for 10 years so something is wrong if your husband has been issued a passport of only 6 months duration.

I think what Alyson meant by "6 months" was the 6 month tourist stamp US citizens get when entering the UK to visit, though her wording doesn't say that.

bvamin

Oh I see!   

I would agree with Liz.  Your husband needs to get a visa.

It's a common misconception that Americans can come over on only their passport for six months.  Yes, it is *technically* allowed, but you are by no means entitled to it.  If the Immigration Officer doesn't like the look of you, he can send you home, no questions asked.  And then you've got to worry about a refusal stamp in your passport when you do decide to play by the rules. 

Best policy when dealing with visas is to cover your back and do things properly the first time.  It's well worth the extra inital hassle.

I am going to London on a work visa (6 months) and my husband is coming with just a passport, since those also last 6 months.  I plan on supporting him with the money that I earn.  When we first enter though we will probably have about $3,500 - will they allow us to enter if we plan on staying 6 months and only have $3,500??

On the back of Wishstar's excellent advice, as an additional option I can add that your husband can also apply for a standard entry clearance at the British consulate nearest you.   That way you can avoid any possible discomfort at the immigration desk when he arrives.  It's also cheaper.

On the back of Wishstar's excellent advice, as an additional option I can add that your husband can also apply for a standard entry clearance at the British consulate nearest you.   That way you can avoid any possible discomfort at the immigration desk when he arrives.  It's also cheaper.

Ok I'm getting really confused, because I am going through a recruiting agency for my job over there and they are the ones who told me that he only needs a passport.  Everything I've read about spouse visas is that it works if your spouse is settled over there or plans on staying there, but I'm only allowed to stay on my work visa for 6 months, so the way I read it was I didn't fit under that category.  Can anyone tell me where to find more information on this or the standard entry clearance?
Thanks for your help.

Alyson

It is possible that he only needs a passport, but anytime someone tries to come into the UK as a visitor, who is in a relationship with someone who already has permission to live in the UK, it can make the immigration officer suspicious. It depends on the immigration officer at the airport. It's possible that he will be waved through; it's also possible that the officer won't let him in.  The officer has the right to use discretion. You can try your luck and possibly he will get in with just his passport. But I don't know if you would want to rely on luck for this.

Ok I'm getting really confused, because I am going through a recruiting agency for my job over there and they are the ones who told me that he only needs a passport.

Sorry for the confusion.  I think everyone's been clear that, yes, the maximum time that a visitor can normally stay in a single visit is six months, and that US nationals can receive their visa at a UK port of entry.  In practice, most visitors stay for considerably less than 6 months and when IND hear that somebody wants to go the limit in one shot they will worry about it. 

Everyone's been clear that the IND are given discretionary powers - broad discretionary powers.  They are in a different chain of command than those who issue work permits (although both report in to the Home Office, it's at the ministerial level), and they are not obliged to honour a WP if they think something is fishy.

So your husband would need to convince the IO that he is a bona-fide visitor:  i.e., not intending to work, intending to leave at the end, etc .  And he will need to clear the accommodation and maintenance hurdles.  To this point, the amount you are going to show is $3,500 - slightly over $500 per month - which is wildly optimistic for London (unless your employer is providing accommodation, in which case it's borderline optimistic).  And you are the sole bread-winner of the couple, so the possibility that your hubs might work is another thing for the IO to worry about.  2  - 3 months, that's OK, maybe even 4 months on $3,500 could work.

Now as mentioned above, you could get waved through and walk out laughing.  Or they might decide your finances are weak and drill down a bit.  No telling what can happen.   So if there's a borderline case, the only way to reduce the IO's discretionary powers is to hold an entry clearance.  When you have one of those, the IO can only drill down about variances in circumstances and a few other things.  Refusals where the person holds a prior entry clearance are VERY rare.  The entry clearance gets everything nailed down beforehand, all the questions are asked and all the research is completed before you set foot in the UK.

I'm not saying you MUST do it, but rather you have option of getting one if you think it's an advantage to do so.  If you decide to get one, your husband would fill out the VAF1 form and take it to the British consulate.  It costs £36 and they would put a full-page sticker in your hub's passport. 

Again, sorry for the confusion, and I hope this explanation helps.  I suggest reading this thread again because there's lots of good advice here...

Please refer to the paragraphs I quoted above - this is taken directly from the Home Office manual.  Your husband is a spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 and therefore should apply for the appropriate visa, otherwise, as others have stated he runs the risk of being turned around at the airport if he does not seem like a genuine "visitor."  I am sure your recruitment agency was acting in good faith when they told you he only needed his passport, but with all due respect they are not immigration officers and will not be able to help you if it all goes pear shaped. If I was in your shoes I would have my husband apply for the appropriate visa.  If you are still in doubt about whether or not to apply for the visa a quick call to your nearest British Consulate might be a good idea. 

Please refer to the paragraphs I quoted above - this is taken directly from the Home Office manual.  Your husband is a spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 and therefore

Britwife, does this rule apply to permits obtained via the SBS programme and/or BUNAC which are 6 months or less, and exempted in paragraph 128?  In your original quote, there's a reference to paras 135I - 135K being treated differently - which is about the SBS programme.   

I had it in mind that her agent, UK Pro, only arranges SBS and BUNAC for social workers recently graduated, but they didn't do the "heavy-weight" work permits that paragraph 128 refers to.  If not, then all bets are off and I retract my posts.  Otherwise it's important to make the distinction about what's applicable.

Just read another post of Alyson's. If I read it correctly, she is getting married May 21 and plans to move to London May 24. Isn't there a time lag involved in getting marriage paperwork in order (time it takes to process marriage certificate, etc.)?

Britwife, does this rule apply to permits obtained via the SBS programme and/or BUNAC which are 6 months or less, and exempted in paragraph 128?  In your original quote, there's a reference to paras 135I - 135K being treated differently - which is about the SBS programme.   

I had it in mind that her agent, UK Pro, only arranges SBS and BUNAC for social workers recently graduated, but they didn't do the "heavy-weight" work permits that paragraph 128 refers to.  If not, then all bets are off and I retract my posts.  Otherwise it's important to make the distinction about what's applicable.

That's correct, my work visa is through BUNAC - is this exempt from the spouse visa thing?  Where do I find this information?

Alyson

Can I find work while I'm in the U.K with a visitors visa? or do I need to find work prior to my leave?

alyson

i would contact BUNAC directley, they will tell you what he needs to do and if he can even go with you on a blue card.  You cannot extend your stay thru BUNAC afterwards either.  If you are lucky enough to find a sponsor that may be a possibility.  I would really look in to this more so you don't get yourself in to a situation.