Advice for those who have just arrived on a spousal visa

Just wanted to make a remark and confirm this person is correct about NOT going through Ireland - My daughter is doing a ''Study Abroad'' next year in England and there is a BIG disclaimer saying DO NOT GO THROUGH IRELAND! I haven't read the specifics yet (and never intended to go through Ireland), but something to do with the stamp I think. Read up! :-)

Yes, the problem with Ireland is that there are no immigration controls between Ireland and the UK, so if your daughter connects in Ireland, her UK visa will not be stamped upon arrival (it is actually illegal for UK immigration to stamp the visa if she comes through Ireland!)... and therefore there won't be an official immigration record of her date of entry into the UK on the visa.

Same goes with a fiance or spousal visa - the date you enter the UK on the visa will be important later on down the line, when it comes to applying for permanent residence (ILR) and you will need to prove this date, so you want to avoid causing yourself unnecessary hassle by entering through Ireland and not having the immigration stamp as proof of when you arrived.

Yes, the problem with Ireland is that there are no immigration controls between Ireland and the UK, so if your daughter connects in Ireland, her UK visa will not be stamped upon arrival (it is actually illegal for UK immigration to stamp the visa if she comes through Ireland!)... and therefore there won't be an official immigration record of her date of entry into the UK on the visa.

Same goes with a fiance or spousal visa - the date you enter the UK on the visa will be important later on down the line, when it comes to applying for permanent residence (ILR) and you will need to prove this date, so you want to avoid causing yourself unnecessary hassle by entering through Ireland and not having the immigration stamp as proof of when you arrived.

They didn't bother stamping mine and I arrived in Newcastle.  They stamped the page opposite though.  I hope I don't get any problems when I apply for ILR.  They asked me about it when I entered last time too, as if it was somehow my fault!

When I get into Scotland do I have to register with council or anything like that so they know I'm there ?

Nope - no one really cares if you're there or not once you arrive.
 
You just need to do regular 'setting up in a new place' things like get your name on the bills, open a bank account, register with a GP, apply for a National Insurance number etc.

One reason someone might have to notify the council is if their spouse/partner was on a single occupant discount for council tax.  The full rate is based on two person occupancy.

One reason someone might have to notify the council is if their spouse/partner was on a single occupant discount for council tax.  The full rate is based on two person occupancy.

Yes - sorry, I was including that under 'putting names on bills' - because as soon as you call the council tax people to add your name to the council tax bill, that will stop the single person discount.

If you're living with other people (i.e. with relatives) and will perhaps not be putting your name on the council tax, then it won't make a difference because they won't have been receiving the single person discount anyway.

Oh ok thanks everyone 

They didn't bother stamping mine and I arrived in Newcastle.  They stamped the page opposite though.  I hope I don't get any problems when I apply for ILR.  They asked me about it when I entered last time too, as if it was somehow my fault!

Just as an update on this, got my ILR ok, the missing stamp didn't cause any issues.

Having seen several posts on here from people who’ve run into trouble when applying for ILR, I thought I’d create a list of do’s and don’ts for after you get your spousal visa.   Most of this applies to fiancés except the bits about working.

Any comments?

•   DON’T enter via Ireland on your first trip to the UK after you get the visa.  You need to ensure your visa gets “activated” by a UK entry stamp.  

•   DO know when your visa expires and when you are eligible for ILR.  Sounds obvious but we have seen several people who forgot their expiry date and overstayed!

Right so two questions... As a US citizen, I can have a 6 month "visa" for tourism just by arriving in the UK... Can U switch from that to an IRL after the 6 months?

Our issue is that my husband is adamant that he doesn't want to return separately...so he can line up interviews etc. for when we return... but we won't know exactly where we are going, (we'll go to family first to stay) or our exact income information until after we arrive and get settled... I can then also get my own business up and running (I'm a wedding and portrait photographer) and show I can also make income etc. as well as seek out jobs that would possibly allow me to hired once I have my ILR.

It would be 1000 times easier, for us if I could enter this way.  But If I have read correctly, I am unable to switch from a "tourist" to an IRL or even spousal in person.

Right so two questions... As a US citizen, I can have a 6 month "visa" for tourism just by arriving in the UK... Can U switch from that to an IRL after the 6 months?

No, you can't.

Firstly, the tourist visa is for only that purpose - visiting as a tourist. It doesn't allow you to live in the UK and you MUST leave within the 6 months. You cannot switch to any other visa from a visitor visa.

Secondly, it takes 5 years of living in the UK on other types of visas in order to qualify for ILR. You would have to first get two 2.5-year spousal visas at a cost of about £1,500 each (around £1,000 per visa, plus an NHS levy of £500) and spend 5 years living together in the UK before you could apply for ILR.

Our issue is that my husband is adamant that he doesn't want to return separately...so he can line up interviews etc. for when we return... but we won't know exactly where we are going, (we'll go to family first to stay) or our exact income information until after we arrive and get settled... I can then also get my own business up and running (I'm a wedding and portrait photographer) and show I can also make income etc. as well as seek out jobs that would possibly allow me to hired once I have my ILR.

The requirements for a spousal visa are strict and very exact – you must meet them exactly.

For income and accommodation, if you want to move together you need to show:

- Your husband has made at least £18,600 in the US in the last 21 6 months (Cat A) or 12 months (Cat B) AND he has a guaranteed job offer in the UK paying at least £18,600 and starting within 3 months of moving to the UK. The job must be guaranteed with a signed contract and everything.

-   Guaranteed accommodation in the UK, including an exact address (staying with family is fine, you just need permission from them and evidence of their homeownership and that there will be no overcrowding).

No income or potential income from you can be considered for the initial spousal visa.

Right so two questions... As a US citizen, I can have a 6 month "visa" for tourism just by arriving in the UK... Can U switch from that to an IRL after the 6 months?

Our issue is that my husband is adamant that he doesn't want to return separately...so he can line up interviews etc. for when we return... but we won't know exactly where we are going, (we'll go to family first to stay) or our exact income information until after we arrive and get settled... I can then also get my own business up and running (I'm a wedding and portrait photographer) and show I can also make income etc. as well as seek out jobs that would possibly allow me to hired once I have my ILR.

It would be 1000 times easier, for us if I could enter this way.  But If I have read correctly, I am unable to switch from a "tourist" to an IRL or even spousal in person.

You can't switch from a visit visa to any other kind of visa from within the UK and you won't be eligible for ILR until after you have been in the UK for 5 years on a spouse visa/FLR (M).

Your husband needs to meet the financial, accommodation and relationship requirements  before you can apply apply for a spouse visa. You should read through FM 1.7 so you understand the options for meeting the financial requiremet.  Your income or potential income  are irrelevant and will not be yo taken into consideration.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf

- Your husband has made at least £18,600 in the US in the last 21 months AND he has a guaranteed job offer in the UK paying at least £18,600 and starting within 3 months of moving to the UK. The job must be guaranteed with a signed contract and everything.

Under Category A your husband must currently be earning at least £18,600/year in the US for at least the last 6 months not the last 21 months And he must have a job lined up in the UK starting within 3 months of returning.  This is only one of the options for meeting the financial requirement.  There are 7 Categories which can be used separately or in some combination.  See the link above to FM 1.7 which details all the options.

Under Category A your husband must currently be earning at least £18,600/year in the US for at least the last 6 months not the last 21 months

That was a typo - it should be 12 months... I was typing quickly and didn't notice the typo before I posted.

Apologies - I'm on my third night shift in a row and I've been dealing with snowfall and icy roads. I should have clarified: it depends how long he has been with his US company - if it's more than 6 months, then he only needs to show 6 months of earnings above £18,600 per year. However, if he hasn't been with the US company for 6 months or more or his income is variable, it's 12 months of earnings in the US totaling £18,600.

That was a typo - it should be 12 months... I was typing quickly and didn't notice the typo before I posted.

It is not 6 months though - that's only if he will be continuing working for the same company in the UK, in which case he must have been with that company for 6 months before applying.

If the job offer is with a new company in the UK, he must have earned £18,600 in the last 12 months in the US.

Um, that's if you are applying under Category B.  Under Category A:

5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK

5.2.1. Where the applicant’s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category A:

First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6. in order to meet the financial requirement. So, again, income under Category A can be combined with Category C: non- employment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.

As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section 5.1.4.).

Second, the applicant’s partner must also have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary (or in-non salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.1.4. (Category C: non-employment income, Category D: cash savings and Category E: pension).

Um, that's if you are applying under Category B.  Under Category A:

5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK

5.2.1. Where the applicant’s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category A:

First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6. in order to meet the financial requirement. So, again, income under Category A can be combined with Category C: non- employment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.

As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section 5.1.4.).

Second, the applicant’s partner must also have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary (or in-non salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.1.4. (Category C: non-employment income, Category D: cash savings and Category E: pension).

Yes, I know all of that - I amended my post just before you posted this - you'll notice that what you quoted is no longer in my post because I realised I was only thinking of Category B. What you have said does only apply if they are under Category A though, and their financial situaton has not been established yet so I have now mentioned both categories in my original reply.

I don't really have time to nitpick this at the moment though as I am currently trying to forecast the weather here in the South Atlantic ocean and I have a military base and about 250 remote islands relying on me to get it right. I have corrected my posts with the right information for both Category A and B, so let's just leave it at that.