Advice for those who have just arrived on a spousal visa

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.

As I already indicated, the poster should read through FM 1.7 to understand the options for meeting the financial requirement.  No one is nitpicking.  You gave incorrect information for whatever reason and I pointed it out and corrected it.  

As I already inficated, the poster should read through FM 1.7 to understand the options for meeting the financial requirement.  No one is nitpicking.  You gave incorrect information for whatever reason and I pointed it out and corrected it. 

Thank you for pointing out my 21 months mistake, which was a simple typo, as it also made me realise that I had not quite written the right thing when I replied again.

I quickly realised my second post wasn't quite right (within about 30 seconds of posting it) and so I went back and rewrote my clarification because I had got it mixed up.

I had actually edited my reply again before you even posted your second reply, so by the time you had posted again, my incorrect advice was no longer there and therefore had no reason to be questioned.

I had actually edited my reply again before you even posted your second reply, so by the time you had posted again, my incorrect advice was no longer there and therefore had no reason to be questioned.

The reason I responded with the correct information was because your incorrect advice WAS there when I replied.  My post was 1 minute after yours and I received no "warning, there's been another post"  so they obviously overlapped.

Can anyone shed some light on updated facts please   

~I'm on the first 2.5 years spousal visa & have my residence permit~

How many days can I be out of the UK? 
(Is it a 1-year period or the full 2.5 years, etc?)
(Is the difference of Europe vs. USA taken into consideration?)
(What happens if I go over but no one's said anything so far)
(Are the amount of days counted from one trip or numerous trips?)

Thanks!

There is no limit on days outside the UK.... you can be outside the UK for as long as you like, as long as:
- the UK remains your primary residence
And
- you live with your spouse for the entire period of the visa.

You could even live outside the UK for a short period during the visa and it would not affect anything provided you lived with your spouse during that time (or you had valid reasons why you couldn't live with them, such as working overseas for a U.K. Company).

The only limit is for a U.K. Citizenship application and that only takes into account the final 3 years before applying for citizenship. For citizenship you cannot be outside the UK for more than 270 days in the 3 years prior to applying for it and no more than 90 of those days can be in the final 12 months.


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There isn't any set amount of time for a FLR application. There is a specific amount of time for ILR and I believe for Citizenship. 

What's important for you right now is collecting the 2 years of post that you need to prove you and your spouse are living at the same address and not living apart.

I think part of the reason they ask to see every single page of your spouse's passport is partially so they can match their visa/entry stamps to your listed international trips.

There isn't any set amount of time for a FLR application. There is a specific amount of time for ILR and I believe for Citizenship. 

There is no specific amount of time for ILR either... at least not for people on settlement visas (work visas and long residence applications, however, do have a limit for ILR).

For family members of UK citizens, it is only citizenship that has a 'days outside the UK' requirement.



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There is no specific amount of time for ILR either... at least not for people on settlement visas (work visas and long residence applications, however, do have a limit for ILR).

For family members of UK citizens, it is only citizenship that has a 'days outside the UK' requirement.



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Did you see the changes for PBSs dependants that started in January? Over 180 days in a year outside the UK, now seems to reset their ILR clock.

Just to add that I am not talking about those on a spouse visa (married to a Brit or someone with ILR).

This is only relevant to people who may have used the NHS for free while in the UK on a visitor visa when they weren't actually eligible to get the treatment free of charge (either because they didn't know they should pay for it or because they were told by NHS staff that they didn't need to pay).

If this is the case, and they owe more than £1,000 in NHS charges, I believe their fiance/spousal visa can be refused (and/or it may affect the outcome of future visa applications inside the UK)... so they need to make sure they have paid off any money owed to the NHS as soon as possible.

How would you even know how much you owe? When I first got here I went to private pay but was difficult finding some docs. I called NHS because I was out of my needed medication. "NHS" told me to go to local clinic and gave me a number.
My application to remain with my wife was received and I got a letter back acknowledging receipt and giving me a reference number on 1st of Jan. this year. Have been here since August, 2016.  I was told it took 12 weeks latest. Have just passed 12 week time frame and have heard nothing. My application included £500 for payment to NHS, my biometrics card, and passport.
Now I'm concerned I did as instructed by going to local clinic and may be denied staying with my wife. She's a Brit citizen & I'm an American, we've been married for about 25 years. I applied from the U.K. Because she decided once we got here she wanted to stay. Her sister owns another house we're renting. My name is on taxes and utilities. In fact I offered to pay each time I went to clinic and was told it wasn't necessary!

Does anyone know if they're running behind or am I in deep "stuff?"

Thanks to all,

Tony

What visa do you currently hold?

I see on your previous posts you say you arrived in August....what visa did you move here on?

If you entered the UK on a visitor visa, then you do not qualify to apply for FLR(M) from inside the UK and   this means that your application is going to be refused regardless of NHS payment... because you cannot switch from a visitor visa to any other kind of visa from within the UK. You will have to return to the US to apply for a spousal visa.

If you arrived in the UK on a fiancé visa and married in the UK in the last few months then you can switch to an FLR(M) visa, but you do have to pay for all NHS treatment... and so you should have insisted on a bill for your treatment and paid it.


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What visa do you currently hold?

I see on your previous posts you say you arrived in August....what visa did you move here on?

If you entered the UK on a visitor visa, then you do not qualify to apply for FLR(M) from inside the UK and   this means that your application is going to be refused regardless of NHS payment... because you cannot switch from a visitor visa to any other kind of visa from within the UK. You will have to return to the US to apply for a spousal visa.

If you arrived in the UK on a fiancé visa and married in the UK in the last few months then you can switch to an FLR(M) visa, but you do have to pay for all NHS treatment... and so you should have insisted on a bill for your treatment and paid it.


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He does mention submitting his biometric card with the application, so hopefully it's not a case of trying to switch from a visitor visa.

He does mention submitting his biometric card with the application, so hopefully it's not a case of trying to switch from a visitor visa.

That's what I thought, but then if you have a visa for which a BRP card is issued (I.e. spousal visa, Tier 2 work visa, Tier 4 student visa), why would you then switch to FLR(M) just 4 months after moving to the UK on that visa?


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