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Topic: Spousal visas: when do you have to use it?  (Read 556 times)

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Spousal visas: when do you have to use it?
« on: July 02, 2005, 02:46:17 AM »
Hi-

I have read through the helpful information here and visited the visitbritain website, but still had a couple of questions about the spousal visas.  My English husband and I have been married for three years and currently live in the US.  Once I have applied for a spousal visa,

- When do I have to actually use it by?  We aren't planning to move till next year, but I would love to start looking for work sooner than that, but I understand I can't actually apply for work until I permission to work. 
- I know that the ILR is good for two years and allows multiple reentries.  If I applied for a spousal visa now, but didn't really move until next spring, would that endanger my chances to move to permanent leave to remain?

Thanks!
-Karen


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Re: Spousal visas: when do you have to use it?
« Reply #1 on: July 02, 2005, 08:11:59 AM »
Since you've been married 3 years, but you're not moving until next year, here's something to consider:

If you apply for your spouse visa now, it will be good for 2 years.  If you don't enter and start living in the UK almost immediately after its issue, you will have problems 2 years from now when you go to apply for Indefinite Leave because of the difference between when the visa was issued and when you actually entered the UK and it was stamped.  There may be a gap, in which case you would have to get an extension on your visa (costing money) and THEN apply for your Indefinite Leave (costing money again).

However - if you wait until you have been married over 4 years (don't know when this is for you) - when you apply for your spouse visa to move back to the UK, you will be given what is in effect Indefinite Leave right off the bat - no 2 year period, no further applications necessary.

I understand you want to get all your ducks in a row - but there are some things where time limits and time frames mean everything.

Besides, no employer in the UK is going to be interested in someone who isn't even living in the UK yet - and isn't moving until next year.  You'll want to wait until you're here and have a grasp of where you're living, the area itself, the jobs available, the transport situation, et cetera, before you look for a job in earnest.
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Re: Spousal visas: when do you have to use it?
« Reply #2 on: July 04, 2005, 09:19:49 PM »
Thanks- I really appreciate your assistance.
 
Unfortunately, I think we will just miss the four year mark.  We just celebrated our third anniversay in June, and with a spring deadline, we won't make it quite to four.

We are open to moving earlier, if I have a job lined up.  Problem is now I can't officially look and no one will  hire me if I don't have permission to work.  As we are planning a trip in Nov. to visit London anway, it may be worthwhile to go ahead and get the visa now.

After moving the UK husband to the US and still dealing the US Green Card process, it is amazing to me how much more straightforward and timely the UK process is.

Thanks again.


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Re: Spousal visas: when do you have to use it?
« Reply #3 on: July 05, 2005, 09:09:33 AM »
Just remember the problem with the timing gap.  If you get the visa now (say, this month) and don't enter the UK until November, you're going to have a gap between when it expires and when you can apply for Indefinite Leave - so you'll have to apply for an extension at £335 (by post) and then a matter of months later apply for your Indefinite Leave at another £335 (by post).  That's if the fees don't increase yet again between now and then.   :-\\\\
"Beer is proof that God loves us and wants us to be happy."

- Benjamin Franklin


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