Css01

Hi All. If a spouse has just gotten a spouse settlement visa to join husband in UK, entering for the first time, but he is temporarily out of the country closing up some important items before he comes. His ticket is in a few weeks, is this a problem? brother in law and father in law will be waiting and spouse has keys to hubby's home which he owns. Non EEA Spouse is pregnant which is why one has to leave without waiting for husband. His flight ticket to uk is already confirmed as well

BritInParis

You’ll need to either join or accompany your sponsor. You can’t arrive ahead of him.

Css01

thanks, but is there an immigration rule stating this? or a place it is stated? I want to understand the reason why. because I AM moving over there to "join him". But he has just temporarily travelled. He could be on a different flight and it would seem unfair to keep me out for that reason :-(

scot47

Challenging the rules will not help you. Just accept them.

BritInParis

It’s the basic premise of a spouse visa. You are applying to join or accompany your spouse who is settled in the UK. You can’t do that if he’s not in the UK. If that’s inconvenient then you’ll need to delay your travel plans or he will need to escort you to the UK.

Css01

it isn't just challenging but wanting to know how one can find where it is written. Most are usually written. Anyway, I appreciate the help and guidance this forum gives and it is immensely helpful as I have benefited from it many times. However this may be an opportunity for me to contribute.

I contacted the home office and they informed me his temporary absence won't be a problem as long as my husband is resident and will be returning. I took details of the officer who told me and I travelled and I was asked about his location, I told the officer he was returning in a few weeks and they just carried on.

So in summary, bases on feedback and my personal experience. ... I don't think it is an issue if your partner is "temporarily" out of the country at your first arrival.

BritInParis

That was a very risky way to proceed. Your husband needs to be "present and settled in the United Kingdom or who is on the same occasion being admitted for settlement" in order for you to be given leave to enter.

https://www.gov.uk/guidance/immigrat...ers#pt8spouses

Any advice you had been given by telephone is moot as it's the Immigration Officer who will make the decision. That they used their discretion to admit you doesn't mean that will the same experience for others.

Invisible

I take it that it's fine for the sponsor to be meeting the applicant at the airport in the UK and not traveling together though?

BritInParis

Sure.

Invisible

Thank you!