Can we apply for a Spouse Visa with No Current UK address.

All the best for your Spring Application Robyn n Kris in Austin 

I notice that your first Spouse Visa for Entry and Leave to Remain, if approved, is for 33 months, and NOT 30 months. I also notice that when you are in the UK you have 28 days to apply for your second Spouse Visa for an Extended Leave to Remain for another 30 months, when your first Spouse Visa is about to expire.

I’m finding it difficult to get information on this so I’m hoping I might get some answers here..

I’m guessing that the extra 3 months is to give time for my wife and I to try and settle our affairs here in the US, and get our US house on the market, (albeit that it may well take longer than 3 months to sell),  book air tickets and fly out to the UK..?

Now my questions..

[1] Is there a time limit between you getting your first Spouse Visa approved whereby you must leave for the UK..?   (Use it or Lose it..?)

I can imagine this being at least something less than 3 months, so you can achieve at least 30 months in the UK, if you’re intending applying for your second Visa later on...?

[2] When do you start the 28day ball rolling to apply for your second Visa application, is this after 33 months from when the first Visa was approved, or after you’ve actually been in the UK for 30 months.

I’m concerned that suppose you flew out to the UK after say just 1 month, and so you’d been in the UK 32 months before the initial 33 month period, because 32 months has run over the required 30 month period, you might have lost your chance to apply for the second Visa..??!!  If you can wrap your head around what I’ve just said..??   

Has anyone else pondered/experienced  this curiosity..?

When a spouse visa is approved you are given a vignette (sticker) placed in your passport. This is valid for 30 days within which time, you must enter the UK and pick up your biometric residence permit.
It used to be the case that you effectively had the full 3 months to enter and still apply for the next visa in time but since the introduction of the 30 day vignette, what some people choose to do is, enter the UK, pick up the BRP then return to the US for a short while to finish tying up loose ends.

You can apply for FLR any time from 28 days prior to you being in the UK for 2.5 years up until the expiry date of the BRP.

Now my questions..

[1] Is there a time limit between you getting your first Spouse Visa approved whereby you must leave for the UK..?   (Use it or Lose it..?)

I can imagine this being at least something less than 3 months, so you can achieve at least 30 months in the UK, if you’re intending applying for your second Visa later on...?

You have 30 days to move.

Your visa will be issued in 2 parts:
- 30-day vignette to enter the U.K. (start date determined by the travel date you put on the application form
- 33-month BRP card which you pick up from a U.K. Post Office within 10 days of arriving in the U.K.

If you then wanted to go back to the US to tie up loose ends, you could... after having flown to the U.K., activated your visa and picked up the BRP.

If you cannot travel within the 30 days of the visa vignette validity you would have to apply for a replacement 30-day vignette, which costs a couple of hundred pounds.

[2] When do you start the 28day ball rolling to apply for your second Visa application, is this after 33 months from when the first Visa was approved, or after you’ve actually been in the UK for 30 months.

You can apply any time from 28 days before you reach 30 months in the U.K. (the 30 months starts on the day you enter the U.K. on your 30-day vignette... the visa will be stamped with this date), up to the expiry date of the visa.

I’m concerned that suppose you flew out to the UK after say just 1 month, and so you’d been in the UK 32 months before the initial 33 month period, because 32 months has run over the required 30 month period, you might have lost your chance to apply for the second Visa..??!!  If you can wrap your head around what I’ve just said..??   

As I mentioned above, you can apply right up to the expiry date of your visa. So as long as you will reach 30 months (minus 28 days) before your visa expires, there’s no issue.



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Thanks for that both larrabee and ksand24,

Now I’m really confused..? I dig my hole deeper with each question.

You mention..

“- 30-day vignette to enter the U.K. (start date determined by the travel date you put on the application form”

[1] I Question What Travel Date put on which Application Form..? I don’t know what you mean here..?

“- 33-month BRP card which you pick up from a U.K. Post Office within 10 days of arriving in the U.K.”

[2] What is the process here.. I thought your Biometrics was sorted out in the US as part of your Spouse Visa Application..?

[3] How do you go about getting your Biometric Residance Permit, (BRP), from a UK Post Office..?

Can this be any Post Office..?

[4] What do you have to show in the Post office, your passport..? or is there forms to fill in at the post office,  to get this BRP..? 

Is the BRP a plastic card, looking at google images for a UK BRP it looks a bit like this..?

So my wife has to fly out to the UK, apply somehow in a UK post office to get her BRP Card, wait in the UK up to 10 days, or can it be issued right away, before she can fly back to the US..?

I’m sorry for all these now added questions.  Maybe you can include a .gov.uk website where I can see all this explained..?

Just found This website...

https://www.gov.uk/government/publications/biometric-residence-permits-overseas-applicant-and-sponsor-information

My studies continue....   

As part of the online application for the spouse visa, there is the opportunity to nominate a date which you will be ready to move to the UK by.
It's tricky because you never know how long the application will take to process, so we usually suggest putting the earliest date you think you will be ready to move.

When the visa is approved, as well as the vignette in the passport, you will receive a letter telling you which post office to visit to pick up your BRP. (Biometric Residence Permit). This is different from the process of having your biometric information taken which happens as part of the application process.

When you move to the UK, you have 10 days to pick up the BRP from the post office. All you do is report to the PO and present the letter and the passport. Most people just remain in the UK after that but occasionally someone will not have finalised their affairs in the US by then so they return to do so. That can be done at any time after the BPR has been picked up. It's not a part of the process though.

Thanks again Larrabee

I can see now that this Biometric Residance Card is similar to the Green Card here in the US.. ‘Kinda’.  Inasmuchas its the card that shows you have a right to be residing in the UK.

On choosing a Date for your expected departure from the US, to the UK, how far forward can you project this..?

When it can take up to 3 months (12 weeks) for the application decision, meaning you can’t put your US house on the market, before this decision, then It could take another 3 months to sort your affairs, get your house on the market, and then hopefully get a sale before moving, all this time could be as long as 6 months from when you first made your application.

Can your chosen US exit date be as long as this after the application date..?

You can choose a date up to 6 months after the date of the application.

Thankyou larrabee

This is a breathing space at least

So just as an example let’s say my wife applies January 1st, we could choose up to June 30th as our exit date, and if the application is successful, (lets say we’re told this in March),  would  the 30 day vignette, which my wife would be issued with,  be dated June 30th, and there would still be a BRP card  awaiting  in the selected UK Postoffice after all this time..?

What a complicated process..!!

That's the way it's supposed to work but they don't always honour the chosen date so it's a good idea to make reference to it in your sponsor letter also, just to emphasise it.

ManyThanks Larrabee

I can see now that this Biometric Residance Card is similar to the Green Card here in the US.. ‘Kinda’.  Inasmuchas its the card that shows you have a right to be residing in the UK.

The BRP card is your visa. Simple as that. It proves your right to live and work in the UK.

The visa used to be issued as a 33-month sticker in your passport, but since May 31 2015, it has been issued as a 30-day entry sticker and a separate BRP ID card instead.

In fact, all entry visas valid more than 6 months are issued as a 30-day vignette and a BRP, whereas all visas valid 6 months or less are issued as a sticker in your passport.

Visas applied for inside the U.K. are issued as just a BRP card and no vignette sticker.


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Thankyou larrabee

This is a breathing space at least

So just as an example let’s say my wife applies January 1st, we could choose up to June 31st as our exit date, and if the application is successful, (lets say we’re told this in March),  would  the 30 day vignette, which my wife would be issued with,  be dated June 31st, and there would still be a BRP card  awaiting  in the selected UK Postoffice after all this time..?

What a complicated process..!!

But do remember, in this example, if the visa is processed quicker and you hear back early Feb, sell your house with a quick close, say March, you’ll have to wait until June 30th to move.  You cannot move earlier than the date the visa is issued.  Just something else to mull over.

And of course, in my example, we’re likely paying rent on an unused house in the UK for 6 months, which is a waste of money, just at a time when you could use every penny, just so you can put an address on your initial application.  This whole process, certainly doesn’t make it easy for those who are in this situation. Although I do understand they can’t give you a right of entry and leave to stay, when you have nowhere to go.  Which brings me full circle to the title of this discussion stream.

Catch 22