Spouse Visa

My husband and I have decided to go for the Spouse Visa. What do we need to get into order? I'm going to put a list of what our circumstances are.

1. He's on DLA, ESA, Housing Benefits, and Council Tax.

2. We currently have a 2 month old baby boy

3. I'm still recovering from having our baby, so I'm on unpaid maternity until I decide to go back, which doesn't look like it quite yet.

I understand being on those benefits makes him exempt from the new financial rules, and I can't find a guidance list on the UKBA website for our circumstance, could I have any guidance?? xD

What do we need to put together? So far what I've done:

Married October 5th on VWP, *not violating the rules as he will be returning the 28th of this month to his home country*

Had our son on the 19th of October - most painful thing in my life, hard 15 hour back labour, completely worth it!

Received our son's Social Security Card 2 weeks later

Applied for my new passport with married name change on November 30th

Applied for my new driver's license with married name change on November 30th

Received my new driver's license December 11th

In the process of:

Applying for our son's US passport tomorrow

Should be receiving my new passport tomorrow

Applying for our son's UK passport when we receive information about whether or not he is a citizen, and if we can apply for his passport, and if we have to register his birth abroad.

Putting together the proper documents for the Spouse Visa!

Thanks so much for this forum, I've used the heck out of it since I was referred to it for more information. So much better than paying 3 dollars a minute to find out what I need to know!

Thanks so much for this forum, I've used the heck out of it since I was referred to it for more information. So much better than paying 3 dollars a minute to find out what I need to know!

No kidding!    Especially when calling WorldBridge just gets your wrong information.... expensive wrong information. 

I'm not sure how to help you with your application, but applying for a UK passport for your son (since his father is UKC it can be passed down) might be easier than applying for the Spouse Visa with him as a dependent.... that would make the Spouse Visa application more expensive, too. 

Good luck! 

Why would your son not be a UK citizen?

Why would your son not be a UK citizen?

Maybe the father is British by descent?

Where the parent is a British citizen by descent additional requirements apply. In the most common scenario, the parent is normally expected to have lived in the UK for three consecutive years and apply to register the child as a British citizen while the child is a minor (clause 43, Borders, Citizenship and Immigration Act 2009, effective from 13 January 2010). Prior to this date, the age limit was 12 months.

My husband is british, his parents were bread and born in the UK, his parents parents, etc etc. I'm the first break, being USC, and our son was born in the US. he's currently 2 months old, do we have to wait before we can apply for a british passport for him??

Is your husband British by descent or by birth? 

If your husband was born in the UK, it sounds like he can pass British citizenship on to your son.

Is your husband British by descent or by birth? 

If your husband was born in the UK, it sounds like he can pass British citizenship on to your son.

He is British by birth

He is British by birth

Yippee!  Sounds like your situation is a lot easier than you thought it was. 

Looks like it

Is there a specific site where I can get the application for his passport? I think what I need is my husbands long form birth certificate, my certificate, and my son's birth cert, and we would be all settled up, right??

I believe you start on the Embassy website if the baby is in the US.  This page should get you the info and links you need

http://ukinusa.fco.gov.uk/en/help-for-british-nationals/passports/what-passport/children-under-16/