Asking for advice re spousal visa, considering less than ideal circumstances

Hi Everyone

My wife and I are new to the forum and have a few questions regarding our current situation. I'm British, born in the UK and have US citizenship as well. I have lived in the US since 99. My wife is from the US. We have known each other for about 15 years, been in a relationship for 6, and were married in the states about 18 months ago.

I've just found out that my stepfather has recently been diagnosed with pancreatic cancer (terminal) and my mum is not doing well at all. Due to this my wife and I have decided to start the process of moving back to the UK to be there for my family and apply for a spousal visa, however there are obvious hurdles that we need to overcome before this can become a reality.

Can anyone please provide any links to concise, detailed, and easily understandable information regarding the spousal process as a whole? I am finding the official gov.uk docs convoluted and confusing.

A few months ago we moved from New York to California, where we have literally just got settled in our new home and received this awful news. I decided to take some time off around our cross country relocation, which in hindsight considering this situation is not ideal.

These are the options I have gathered from my own research over the past week. If I misunderstood the criteria affecting my options, I would greatly appreciate it if someone could correct me, clarify, shed some light etc.

1) I am aware that one of the possible routes is to apply prior to either of us entering the UK with a letter of future permanent employment in the UK stating a salary (that won't be a problem)
The second requirement in this scenario is to provide bank statements with 6 months of pay stubs from a previous/current employer. This is the issue that I am running into as I now regretfully took time off work to move. So this option does not work for us.

2) Another option I have come across is to have around 62,500 GBP in savings that have not gone below that amount over the last 6 months. Unfortunately while we have ample savings  we don't quite match that criteria either.

3) This brings me to the 3rd option. We both get to the UK as quickly as possible and visit my family when they need us the most, and while I'm there I find permanent work proving sufficient salary (which again is not a problem) and stay in the UK while my wife leaves the UK and heads back to the States, and starts the application process from the US.

It is my understanding that this is most likely our only viable option?

My wife and I do not want to be apart for what we are assuming can be up to 2 months, as we are very close and have literally spent every day together for the past 6 years. That being said we realize we may not have a choice...

Based on our situation I have some questions:

a) Am I correct in thinking this is this our only option?
b) After my wife applies for her visa in the US does she have to wait there for an in person interview? I have seen this may be the case
c) In the meantime does she have to stay in the US or can she travel to a neighboring EU country so I can visit her at the weekends while we wait for approval?
d) Where is the visa sent upon completion? Her given address in the US?

We need and want to be there soon for my parents but realize we need to do this properly.

Any helpful advice would be very much appreciated. Hoping another possible option exists otherwise we are assuming option 3 is the way to go?

Cheers

Hi Everyone

My wife and I are new to the forum and have a few questions regarding our current situation. I'm British, born in the UK and have US citizenship as well. I have lived in the US since 99. My wife is from the US. We have known each other for about 15 years, been in a relationship for 6, and were married in the states about 18 months ago.

I've just found out that my stepfather has recently been diagnosed with pancreatic cancer (terminal) and my mum is not doing well at all. Due to this my wife and I have decided to start the process of moving back to the UK to be there for my family and apply for a spousal visa, however there are obvious hurdles that we need to overcome before this can become a reality.

Can anyone please provide any links to concise, detailed, and easily understandable information regarding the spousal process as a whole? I am finding the official gov.uk docs convoluted and confusing.

A few months ago we moved from New York to California, where we have literally just got settled in our new home and received this awful news. I decided to take some time off around our cross country relocation, which in hindsight considering this situation is not ideal.

These are the options I have gathered from my own research over the past week. If I misunderstood the criteria affecting my options, I would greatly appreciate it if someone could correct me, clarify, shed some light etc.

1) I am aware that one of the possible routes is to apply prior to either of us entering the UK with a letter of future permanent employment in the UK stating a salary (that won't be a problem)
The second requirement in this scenario is to provide bank statements with 6 months of pay stubs from a previous/current employer. This is the issue that I am running into as I now regretfully took time off work to move. So this option does not work for us.

2) Another option I have come across is to have around 62,500 GBP in savings that have not gone below that amount over the last 6 months. Unfortunately while we have ample savings  we don't quite match that criteria either.

3) This brings me to the 3rd option. We both get to the UK as quickly as possible and visit my family when they need us the most, and while I'm there I find permanent work proving sufficient salary (which again is not a problem) and stay in the UK while my wife leaves the UK and heads back to the States, and starts the application process from the US.

It is my understanding that this is most likely our only viable option?

My wife and I do not want to be apart for what we are assuming can be up to 2 months, as we are very close and have literally spent every day together for the past 6 years. That being said we realize we may not have a choice...

Based on our situation I have some questions:

a) Am I correct in thinking this is this our only option?
b) After my wife applies for her visa in the US does she have to wait there for an in person interview? I have seen this may be the case
c) In the meantime does she have to stay in the US or can she travel to a neighboring EU country so I can visit her at the weekends while we wait for approval?
d) Where is the visa sent upon completion? Her given address in the US?

We need and want to be there soon for my parents but realize we need to do this properly.

Any helpful advice would be very much appreciated. Hoping another possible option exists otherwise we are assuming option 3 is the way to go?

Cheers

Hi Back2Britain, so sorry to hear about your terrible news.

If you have made more than the equivalent of £18.6k in the US in the last 12 months and have a job offer in the UK, you can apply right away (once you have all the required evidence in hand) under category B. See page 28 of the financial requirements document.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

You can also use savings (over £16,000) to make up any shortfall in earnings.

. . Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts in the following way.  5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to 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 5.3.6. (Category C: non-employment income, Category D: cash savings and Category E: pension).   5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:   The gross amount of salaried or non-salaried employment income overseas of the applicant’s partner; 
 The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; and/or   The gross amount of any State (UK or foreign), occupational or private pension received by the applicant’s partner or the applicant.   /quote]

b) After my wife applies for her visa in the US does she have to wait there for an in person interview? I have seen this may be the case
c) In the meantime does she have to stay in the US or can she travel to a neighboring EU country so I can visit her at the weekends while we wait for approval?
d) Where is the visa sent upon completion? Her given address in the US?

To answer your other questions.

b-  There is no interview. She will attend a biometrics appointment but that's just for fingerprints and photograph.

c- She will submit her passport with her application so wouldn't be able to travel. If you apply using 12 months of income plus job offer though she would be able to move as soon as the visa is granted.

d-Yes.

Thank You to you both for replying I am going to look into this now 

A few other considerations.

Do you have a fully vested 401k that has at least £62,500?  Or the balance needed to add to get your cash savings over the line?  This can be in either of your names.  Do you have a property you will be selling?  Trying to find ways to get you over the savings requirement.

Unfortunately the UK is super anti-immigration at the moment and do their best to make moving to the UK unappealing.  UK citizens returning with a trailing spouse have been the hardest hit.   

I hope we find a solution for you!

UK citizens returning with a trailing spouse have been the hardest hit.   

No, they haven't been the hardest hit. I can think of lots of other visas that have ended, or been made harder, or no longer lead to settlement. The spouse visa is seen as one of the easiest visas now.

If they bring back the Primary Pupose rule, then the spouse visas will be hit hard. To get a spouse visa, the foreign national had to prove that the primary purpose of their marriage was not to obtain British residency. That wouldn't affect someone like the OP as they have been married for years outside of the UK.

If they bring back the Primary Pupose rule, then the spouse visas will be hit hard. To get a spouse visa, the foreign national had to prove that the primary purpose of their marriage was not to obtain British residency. That wouldn't affect someone like the OP as they have been married for years outside of the UK.

How would one prove or disprove that?  You can't know what's going on inside a person's head.

It looks as though the following link is where we start

https://www.gov.uk/uk-family-visa/partner-spouse [nofollow]

which directs you to here:

https://www.visa4uk.fco.gov.uk/account/register [nofollow]

Can someone please confirm this is the correct location to start the application?

Also is there any type of walk-through for this application similar to something like a passport application where there is the application itself plus a corresponding pamphlet that explains each step, just in case we have questions?

Thanks again!

Yes, that’s correct - though you should not complete/submit the online application until you have done all your research, gathered every single document and are completely ready to mail it all to Sheffield for processing.

No, there’s no walk through pamphlet, but we will help you through the steps .

For example, as well as the online form you also need to print and complete VAF4a Appendix 2, which is the main bulk of the spousal visa application form:
https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

Appendix 2 has guidance notes at the bottom for how to complete it.

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It looks as though the following link is where we start

https://www.gov.uk/uk-family-visa/partner-spouse

which directs you to here:

https://www.visa4uk.fco.gov.uk/account/register

Can someone please confirm this is the correct location to start the application?

Also is there any type of walk-through for this application similar to something like a passport application where there is the application itself plus a corresponding pamphlet that explains each step, just in case we have questions?

Thanks again!

I've checked those links and they're correct.

What you could do is have a look at the paper form VAF4A which corresponds with the online application. It's not exactly the same but it has guidance notes at the end and it'll give you an idea.

You will need to complete appendix 2 too. They are both in this link.

https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

Form VAF4A didn't open for me though that (official) link. It may just be my computer but in case it's not here is a link from another source (lawyers website)

http://bingham.butterworths.co.uk/PDF/level1/hovaf4a.pdf

They seem to have removed the paper VAF4a application... it’s been that way for several weeks - the file is only one page now with just some blurb on it... so not quite sure how people in North Korea are applying!


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Thank You!

They seem to have removed the paper VAF4a application... it’s been that way for several weeks - the file is only one page now with just some blurb on it... so not quite sure how people in North Korea are applying!

Thanks for confirming ksand. I wasn't sure if it was just me and my new computer! 

How would one prove or disprove that?  You can't know what's going on inside a person's head.

That was the problem for the foreign natiional who wanted to marry and Brit and live in the UK. It's how the UK kept net immigration at 50,000 for decades.

Hi Guys,

A couple of questions regarding the application + appendix now that my wife and I are thoroughly going through it:

1) For the travel history section, there are a couple of countries we have visited that are not listed on the drop down menu (St. Barts and Sint. Maarten). In this instance would we just include them in the 'additional information section'?

2) Under the very first section of appendix 2, its states the following:
YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS:
• The spouse or civil partner of someone settled in the UK

As I still reside in the US but am a British Citizen am I still considered 'Settled' for the purpose of this application?

3) I am in the process of getting a job offer and letter however it may take 2-3 weeks. After reading the financial requirements form it states the following:

Part 3F Cash savings
If you cannot meet the financial requirement through income, you can use relevant cash savings to enable you to do so.
Relevant cash savings are those which you and/or your sponsor hold which (i) exceed £16,000, (ii) have been held by you
and/or your sponsor for at least 6 months prior to the date of this application, (iii) are held at the date of application and (iv)
are under the control and available to be used by your and/or your sponsor. Only complete this section if your cash savings
meet all the criteria above. This section contains the Category D way to meet the financial requirement. Refer to the policy
guidance notes for an explanation of how cash savings above £16,000 can enable you to meet the financial requirement.

It sounds as though if employment isn't satisfied, simply having cash savings over £16,000 will suffice for the application and I may not even have to include my employment offer letter?

This would be a big relief, allowing us to apply for the visa immediately and to join my family in the UK even sooner.

Are we correct in our interpretation of the above or should we absolutely wait for the employment letter before submitting the entire package?

Thank You Very Much!