Spousal Visa Employment Clause

I’m an American who has been a resident in the Netherlands for about three years. I was able to move here with my British (then) fiancé by virtue of his job transfer from the US (where we met). We officially got married (here in Holland) a year ½ ago.

Now, we are ready to try living together in the UK so that we can: A) be closer to his family and B) be somewhere where I can get myself gainfully employed more easily. I’ll be looking for work as a librarian. 

The problem is that my British husband is having to do his UK job-hunting (nation-wide across the UK with a hopeful emphasis on the N.W.) from across the channel while he simultaneously tries to hold down his current job here in the Netherlands.

A delicate balance...made even more frustrating by the fact that I feel like I can’t start casting my CV out there until I get my Spousal Visa. And (from what I understand), I won’t qualify for that beautiful little piece of paper until my husband can prove himself UK-employed.

My question is this: I’m wondering if my understanding of this part of the Spousal Visa is correct. Does the UK half of the couple actually have to be employed before coming back home to the UK with the US spouse in tow? That implies that the couple couldn’t enter the country as a husband/wife unit to look for work simultaneously…Am I right?

I figure that those of you who have lived as a married couple in America before moving to the UK with your hubbie/wife might have some insight into this clause of the process.

With our situation… we have an “official” UK starter address (with my in-laws), and we have enough money in savings to prove that we could live off of it alone for several years (not that we would want to). My point is simply that we wouldn’t be a drain on the local resources even if it took us both a long and leisurely time to find work. 

It seems like my husband should just be able to make the plunge and go…not have to get employed first just so that he can legally (i.e. not on a tourist visa) bring me along as his wife.   

Any clarification or words of wisdom out there?

Thanks in advance,

Martella

There's no requirement to be employed; there is for accomodation and financing, but employment is not needed.  Plus he's been with you in the EU for 6 months.

Sounds like a piece of cake...

And there is nothing to stop you from job hunting now, as long as you don't actually start work until you have the visa, so you can get on line and start touting your CV around too.


Victoria

Not an expert, but I would think that with the bank account and address, they would give you a visa before he gets a job.  You might try calling your local British Consulate to ask their advice.  My impression is that they are not terribly worried about giving spouse settlement visas when everything is cleary legit.

In the mean time, you could certainly start applying yourself.  In my own job search, I found (to my surprise) employers asked no questions about my visa or right to work in the UK or anything like that.  They didn't even ask to see my visa once I was hired although their HR policy stated that they must have a photocopy of it on file.

Good luck!