I literally cover everyone of these “doubts” and had no issues with customs. I didn’t apply for my spouse visa before entering the U.K.
I came to the U.K. in August on a tourist visa, the reason I did this was because we sold our house and my entire family was moving to the U.K. at that time. I had nothing to stay in Australia for, no job, no home. We only had two months to pack up and leave and also we had a trip to Cambodia that we didn’t want to cancel and since back then you couldn’t keep your passport, we decided to wait for 6 months, which is how long you can stay on a tourist visa.
I told the immigration all of this and that I planned to leave in 4-6 months and apply in the states after I helped my husband settle and found accommodation, etc.
After 4 months in the U.K., we went to South Africa for the past two weeks for the holidays to see my Dad and returned to the U.K. today. The immigration officer was confused why I was on a tourist visa when I clearly lived in the U.K. I explained to him the situation, and he didn’t understand why I couldn’t just apply from with in the U.K. I told him I promised I looked into everything and you can not apply from with in the U.K. He thought that was ridiculous and stamped my passport and I walked through. They immigration officers are not out to get you. If anything they are as baffled by the process as we are!
That said, I highly doubt you are supposed to travel to the U.K. while the settlement visa is processing, but until you get your vignette, the immigration agents have no way of seeing anything you have applied for.
I would look into doing this, if I hadn’t just blown through 5 months (out of 6) in the U.K. with in a year as a tourist before the Gold Service was offered. Kicking myself!
Good luck! And to the person who did enter while their visa is processing, let us know if you have any problems leaving the U.K. I’m tempted to do this, even for only a month. I’m going to miss my husband and dogs sooo much!
I'll be honest, I would not recommend doing this.
From experience of advising on the forum for the last 11 years, I would say that a one-month stay with your kids and husband, who will not be returning to the US with you, plus no job or home of your own to go back to, would be a BIG red flag and I would advise against trying it.
Visiting the UK for a short, temporary visit, when you have a family, job and home back in the US, is usually fine, but staying for 1 month, with your entire UK citizen family who are moving to the UK in tow, when you don't have a spousal visa yet, is entirely different.
The reasons they would have to doubt you:
- your husband is moving to the UK, so you may be tempted to stay with him and not return to the US
- your 'job' is a stay-at-home mom, but your kids are moving to the UK, so you won't have a 'job' to return to in the US and may be tempted to stay with them and not return to the US
- you've just sold your home, so you have no home to return to, so you may be tempted to just stay in the UK and not return to the US.
Your only saving grace might be your pending spousal visa application, but since as far as we can tell you aren't really supposed to enter the UK while it is pending, that could be a dodgy reason too (i.e. you might have issues being allowed in if you mention it, and/or you might be tempted to just not bother returning to the US to pick it up).
Thank you Ksand - Your input here is tremendously helpful. I suspect your interpretation of the situation is correct as well.
I saw an opportunity, that quite frankly should be afforded to me (having been seemingly intentionally misled on the point of retaining my passport), and was nearly ready to seize it. I had it in my head that if I said my application was pending + a return flight, then why on earth would I not retrieve it? I guess they've seen all kinds of things though. I'm not prepared to risk my application and won't be dishonest at any point (wouldn't have anyway but I've heard the news on that front), so it looks like my path is once again blocked.
I really appreciate your straight-forward advice and will take it and wait for my email while attempting to get more information.