Spousal Visa App: Sponsor's (Husband's) UK Passport Expired. Use US Passport?

Yes, he has. I believe we will need to show proof of that? I was planning on using his bank statements that show the automatic deposits of salary and/or a tax forms or pay stub. Since the salary was always auto deposit not sure if we have an actual pay stub though. But I think we can maybe print something out. Thank you!

It is really important that you read that document that kfdancer linked to and also 
FM1.7 the financial requirement document. You have to be incredibly specific and meticulous with the evidence you provide. Even though your husband makes enough, you can be refused if you don't provide the correct evidence.

Thank you, larrabee. We were kind of hoping that if I applied straight away for the UK spousal online here from the US we could all travel together, but now that it's clear I can't complete the UK spousal visa application online in the US without my husband's valid UK passport, it will be longer. My husband would need to start the job in the UK, so maybe instead of him returning to the US to fly back with us, we'll just travel from the US to meet him in the UK. I'm not an experienced traveler, but I think we can do it (we'll have to).

Thank you again!

You need to apply for the visa from the US and remain there until it is granted. Your husband doesn't need to fly back if he doesn't want to, you can fly to join him in the UK. He just needs to be already there or traveling with you. 

Thank you, larrabee. We were kind of hoping that if I applied straight away for the UK spousal online here from the US we could all travel together, but now that it's clear I can't complete the UK spousal visa application online in the US without my husband's valid UK passport, it will be longer. My husband would need to start the job in the UK, so maybe instead of him returning to the US to fly back with us, we'll just travel from the US to meet him in the UK. I'm not an experienced traveler, but I think we can do it (we'll have to).

Thank you again!

Once you have your spouse visa, you will feel invincible! The flight will be nothing after that! 

Thank you, sjb2016! That's a good idea and probably what he'll do. Thank you for the link. 

If he just need to travel urgently to start work, he could get an emergency travel document sooner than the stated 4 week timeline for a normal out of country renewal.

https://www.gov.uk/emergency-travel-document

At least that gets him back to the UK so he can start work. He'd still want to get the UK passport renewed properly before you submit your application. But it would save flying back and forth and what not, plus it would enable him to prove to HR at his new job that he can legally work in the UK.

Yes, I guess it's a different situation because we have been married almost 15 years, so it's not really an international relationship now. The funny part is that husband's UK passport expired just last month. I have to laugh or else I would cry.

To reply to your latest response, thank you for that link showing what evidence I will need. Somehow I didn't see that, so thank you very much. You saved me from possibly getting my spousal visa application denied.

They have to provide documentation proving they are a UKC if they don't have a passport.  Which I've never heard of.  Probably because those who are in international relationships have a passport to travel.   

Thank you, larrabee! And thanks for the reminder about the link from KFDancer!

It's funny because I thought we were all set after getting my husband's US passport. We went through this process several years ago, but on the US side. It was grueling and the requirements for the UK spousal seem a bit more stringent. Or maybe I'm just old and tired now! lol.

Edit: Oh, and thank you for the reminder not to save and submit the spousal visa application till it's completed. I will be mindful of that!

Once you have your spouse visa, you will feel invincible! The flight will be nothing after that! 

Ah! Thank you, ksand24. I think my husband has been in America for so long he forgot about the NHS yearly charge. All that you mentioned makes perfect sense.
My husband does have his original UK birth certificate. I wonder if for the purposes of working in the UK (until his renewed UK passport arrives) he can use this to establish that he is in fact a natural born citizen of the UK? In other words, can an original UK birth certificate serve as 'proof' of citizenship in the UK?

Thank you again. 

He needs to have a new, valid passport to enter the UK.

Otherwise he will only be allowed in for 6 months on a visitor visa as a US citizen and will not allowed to:
- work (the employer will need either a copy of his valid passport or a valid visa to work in the UK)
- rent accommodation (the landlord will need to check he either has a UK passport or a valid UK visa to live in the UK)
- use the NHS (they will need to check he is either a UK citizen or has a valid visa and has paid the NHS surcharge of £200 per year)

You don't have to be a UK citizen to have an NHS number or a bank account...  you will get both of those once you have a visa... so it doesn't prove anything in regards to citizenship.

It's not an issue for your husband to enter on a US passport if he was just coming to the UK for a vacation, but he MUST have it before he moves back in order to re-establish a life in the U.K.


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Ah! Thank you, ksand24. I think my husband has been in America for so long he forgot about the NHS yearly charge. All that you mentioned makes perfect sense.

There's no NHS charge for him or your son because they are UK citizens... but you will need to pay it because you will have a visa (£600 upfront as part of your visa application).

My husband does have his original UK birth certificate. I wonder if for the purposes of working in the UK (until his renewed UK passport arrives) he can use this to establish that he is in fact a natural born citizen of the UK? In other words, can an original UK birth certificate serve as 'proof' of citizenship in the UK?

Yes, that should be okay... my concern is his initial entry into the UK - he really should have a UK passport, otherwise it may cause issues with immigration... such as them assuming he is a US citizen only and requiring him to have either a visa, or proof of being a tourist: a return ticket, evidence of a US job, home and family to return to in the US, proof he will not attempt to live or work in the UK etc.

Having his UK passport before he enters the UK would prevent a lot of potential hassle at the border.



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Thank you, larrabee! And thanks for the reminder about the link from KFDancer!

It's funny because I thought we were all set after getting my husband's US passport. We went through this process several years ago, but on the US side. It was grueling and the requirements for the UK spousal seem a bit more stringent. Or maybe I'm just old and tired now! lol.

Edit: Oh, and thank you for the reminder not to save and submit the spousal visa application till it's completed. I will be mindful of that!

Happy to help! 

The people who have been through it before actually have a harder time with the process because their previous experiences were inevitably easier than this one is.
Do your research and you'll be fine but just don't underestimate the process.

It is really important that you read that document that kfdancer linked to and also 
FM1.7 the financial requirement document. You have to be incredibly specific and meticulous with the evidence you provide. Even though your husband makes enough, you can be refused if you don't provide the correct evidence.

Here is the financial requirement document. I'm on my husband's computer (mac) which I'm not used to at all. Struggling to even copy and paste! 
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

In regards to the financial requirement you will likely be applying under category B.

You have to meet two requirements for this category:

1) he has a UK job either starting within 3 months of applying or he has already started it but hasn't been there 6 months yet
And
2) he earned at least £18,600 before tax in the last 12 months (by way of providing 12 months of payslips and bank statements)


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Wonderful, thank you, larrabee! I will be reading this carefully today. Thanks so much.

So true what you said in the previous reply about those of us who have gone through the process on the US side. The worst part is the whole UK British passport expiration thing and the delay this will cause, since I can't complete the spousal visa online till we have this. It's painful because we could have avoided this had my husband renewed his passport. But I know so many are dealing with more difficult situations, so I will not complain.

 I'm grateful for the help! 

 

Here is the financial requirement document. I'm on my husband's computer (mac) which I'm not used to at all. Struggling to even copy and paste! 
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

Thanks ksand24! This is really helpful.

Also your previous comment about entering the UK on the UK passport being preferable. Absolutely. We really messed up not renewing it sooner.

About the NHS - that makes perfect sense about paying the surcharge, which is peanuts compared to what we pay in the U.S. so no complaints here that's for sure.

Thanks again for all the clarifications and information!

In regards to the financial requirement you will likely be applying under category B.

You have to meet two requirements for this category:

1) he has a UK job either starting within 3 months of applying or he has already started it but hasn't been there 6 months yet
And
2) he earned at least £18,600 before tax in the last 12 months (by way of providing 12 months of payslips and bank statements)


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It's painful because we could have avoided this had my husband renewed his passport. But I know so many are dealing with more difficult situations, so I will not complain.

 I'm grateful for the help! 

No, it's perfectly fine.  This is the place to do it and all, problems large or small, are equally valid. 

Thank you, larrabee! And thanks for the reminder about the link from KFDancer!

It's funny because I thought we were all set after getting my husband's US passport. We went through this process several years ago, but on the US side. It was grueling and the requirements for the UK spousal seem a bit more stringent. Or maybe I'm just old and tired now! lol.

Edit: Oh, and thank you for the reminder not to save and submit the spousal visa application till it's completed. I will be mindful of that!

It is MUCH easier to move to the US and a heck of a lot cheaper!  But you meet the requirements for the UK, so shouldn't be too big of a pain.