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Spousal Visa if I am already working in the UK for the USA?

Spousal Visa if I am already working in the UK for the USA?

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Old Jun 21st 2016, 9:34 pm
  #16  
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by Vanessa_GA
I hadn't done any research, I just (stupidly) jumped to that conclusion based on posts I'd read on this website & the UK Yankee one, where people mentioned changing from a "work visa" to a spouse one. I didn't realise that the type of work visa made a difference.

Don't be down on yourself for it. Like I said, who wants to spend their whole life researching dynamic situations that only reflect a portion of life.
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Old Jun 21st 2016, 9:44 pm
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by jjjj200282
Don't be down on yourself for it. Like I said, who wants to spend their whole life researching dynamic situations that only reflect a portion of life.
Thanks! We haven't even got to England yet (we're moving in July) so things could easily change by the time my husband retires.
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Old Jun 21st 2016, 10:45 pm
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by jjjj200282
Thanks for circling back around.


I guess this means that if I want to stay without having to go the other route, I can simply keep working US or IC contracts.


Is there any way that I can work a part time side job in the UK? I don't think my visa allows me to do that correct? I ask because my pay is pretty lousy at present. I do have a national insurance number from the last time I lived here.....but I guess that wouldn't matter due to the SOFA right?


Thanks
That's an interesting question. If it were possible I suspect your current employer would take a dim view of such activity.

Originally Posted by Vanessa_GA
Is this in writing somewhere please? My husband might be in the same position in a few years time. He just got a SOFA visa for a new job in England, which will last for 3-5 years, and I was assuming he could change to a spouse visa (I'm British) when the job finishes.

If he has to go back to the US to apply, how long would it take to get the spouse visa and would he have to do the biometrics again?

Thank you!
Originally Posted by jjjj200282
Lol, everyone is doing this.


Vanessa_GA....what made you assume this? Did you research it first?
I'd like to know more about it if you had grounds to believe this.


Not being a troll, I too just try my best in this constantly changing immigration world that is becoming more and more restrictive and hope for the best outcome. Just being honest.


Also, my last question still stands along with a new one.


Am I allowed to move from one SOFA job to another within the UK at another US Defense Contractor? I ask because I am certainly worth more than they are paying now...and I am not just saying that.


Thanks!
Originally Posted by Vanessa_GA
I hadn't done any research, I just (stupidly) jumped to that conclusion based on posts I'd read on this website & the UK Yankee one, where people mentioned changing from a "work visa" to a spouse one. I didn't realise that the type of work visa made a difference.
NB: If you are in the UK as a result of SOFA then you are exempt from immigration control and your vignette will state 'Exempt'. If it states anything else (Tier 2 ICT for instance) then you are subject to immigration control.

If you are exempt then you are essentially outside the normal immigration rules. You therefore cannot switch from Exempt to any other visa.

However if your Exempt status ceases then you are given limited leave to remain for 90 days without a prohibition on employment, beginning on the day on which you ceased to be exempt.

You can apply for another visa, e.g. spouse, within this 90 day time frame.
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Old Jun 21st 2016, 11:02 pm
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by BritInParis

NB: If you are in the UK as a result of SOFA then you are exempt from immigration control and your vignette will state 'Exempt'. If it states anything else (Tier 2 ICT for instance) then you are subject to immigration control.

If you are exempt then you are essentially outside the normal immigration rules. You therefore cannot switch from Exempt to any other visa.

However if your Exempt status ceases then you are given limited leave to remain for 90 days without a prohibition on employment, beginning on the day on which you ceased to be exempt.

You can apply for another visa, e.g. spouse, within this 90 day time frame.
That sounds like positive news (I think), but I've looked at my husband's visa stamp & it doesn't say Exempt (or Tier anything). It says, after type, "For employment with DOD" and further down "Civilian Staff NATO CONTRACTS No Public Funds". Am I missing something? (I don't actually know what a vignette is).
Thanks for helping me!
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Old Jun 21st 2016, 11:14 pm
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by Vanessa_GA
That sounds like positive news (I think), but I've looked at my husband's visa stamp & it doesn't say Exempt (or Tier anything). It says, after type, "For employment with DOD" and further down "Civilian Staff NATO CONTRACTS No Public Funds". Am I missing something? (I don't actually know what a vignette is).
Thanks for helping me!
Okay, so your husband is not exempt from immigration control and he will need to leave the UK at the end of his employment.

To apply under these rules for entry clearance or leave to enter the applicant must :
- be a relevant civilian employee
- be outside the UK and have made a valid application for entry clearance or leave to enter as a relevant civilian employee
- leave the UK at the end of their period of employment
- provide evidence to show they can maintain and accommodate themselves and any dependants without recourse to public funds
- not fall for refusal on grounds of suitability (see part 2 of appendix armed forces).
See here for more information:

https://www.gov.uk/government/public...lian-employees
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Old Jun 21st 2016, 11:37 pm
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by BritInParis
Okay, so your husband is not exempt from immigration control and he will need to leave the UK at the end of his employment.



See here for more information:

https://www.gov.uk/government/public...lian-employees
Thanks for the prompt & helpful response. Obviously not what I hoped for, but I appreciate your expertise. Do you happen to know how long the process takes if applying for a spouse visa from the US? Weeks or months?
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Old Jun 21st 2016, 11:42 pm
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by Vanessa_GA
Thanks for the prompt & helpful response. Obviously not what I hoped for, but I appreciate your expertise. Do you happen to know how long the process takes if applying for a spouse visa from the US? Weeks or months?
Weeks rather than months. You can also opt to pay for priority processing. You can check the current processing times here:

https://www.gov.uk/visa-processing-times
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Old Jun 22nd 2016, 12:06 am
  #23  
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by BritInParis
Weeks rather than months. You can also opt to pay for priority processing. You can check the current processing times here:

https://www.gov.uk/visa-processing-times
That's great news, thanks! The British Consulate has been fantastic so far. My husband mailed his application on Saturday & received the visa on the following Friday.
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Old Jun 22nd 2016, 12:09 am
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by Vanessa_GA
That's great news, thanks! The British Consulate has been fantastic so far. My husband mailed his application on Saturday & received the visa on the following Friday.
If you're applying for a settlement visa from the US then you'll be sending your application to Sheffield so it will take a little longer than that but the processing times are a lot quicker than the same type of application for comparable countries, e.g. USA, Canada, Australia, when you will be waiting for months.
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Old Jun 22nd 2016, 12:43 am
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by BritInParis
If you're applying for a settlement visa from the US then you'll be sending your application to Sheffield so it will take a little longer than that but the processing times are a lot quicker than the same type of application for comparable countries, e.g. USA, Canada, Australia, when you will be waiting for months.
Understood. Thanks for that extra info. One more thing, would applying for the settlement visa start from scratch, or would they still have my husband's biometrics on file? He hated having to go to Atlanta to do that.
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Old Jun 22nd 2016, 12:58 am
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by Vanessa_GA
Understood. Thanks for that extra info. One more thing, would applying for the settlement visa start from scratch, or would they still have my husband's biometrics on file? He hated having to go to Atlanta to do that.
My understanding of the process is that he would have to give them again. By the time he applies however they may be somewhere closer to go to than last time.
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Old Jun 22nd 2016, 1:18 am
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by BritInParis
My understanding of the process is that he would have to give them again. By the time he applies however they may be somewhere closer to go to than last time.
Oh, that's a shame. Perhaps I won't tell him that for now. I really appreciate your help, thanks!
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Old Jun 22nd 2016, 1:45 am
  #28  
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by BritInParis
That's an interesting question. If it were possible I suspect your current employer would take a dim view of such activity.

Thanks for the link. It is easier on the eyes than I expected. Most every government contractor I know works 2 time jobs back in the States with the consent of both companies. Do you think that my employer would have a dim view because it were a non-USA job?


Also, do you have any idea whether or not I could leave my existing USA Defense job and go to another UK based defense contractor immediately with no gaps in between? Might save me from working 2 jobs.
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Old Jun 22nd 2016, 1:48 am
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Default Re: Spousal Visa if I am already working in the UK for the USA?

Originally Posted by jjjj200282
Thanks for the link. It is easier on the eyes than I expected. Most every government contractor I know works 2 time jobs back in the States with the consent of both companies. Do you think that my employer would have a dim view because it were a non-USA job?

Also, do you have any idea whether or not I could leave my existing USA Defense job and go to another UK based defense contractor immediately with no gaps in between? Might save me from working 2 jobs.
Back in the States you're not relying on your employer to maintain your immigration status.

Same question as above: what does it actually say on your vignette?
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Old Jun 22nd 2016, 1:52 am
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Default Re: Spousal Visa if I am already working in the UK for the USA?

I see that perspective.

Valid point, will return with the info.

I noticed this on page 5 of the document you linked to:

Conditions of leave to remain
Code 4 – employment restricted to that for which the applicant was last granted leave to enter or remain.

If I last had ILR based upon spouse being a UK citizen, and was allowed to work UK jobs, I would think that would be still be allowed to perform work in the UK....unless I am reading that wrong.

....but even if I am right, I could lose my visa if my employer finds out and has an issue.

Last edited by jjjj200282; Jun 22nd 2016 at 1:56 am.
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