Viking2013

Hi all. Question re Spouse visa:

I am UK Citizen currently in USA. We plan on applying via the savings route. If I moved back to the UK on my own in advance, could we apply whilst my wife was in the USA? Once her visa is granted, she would join me with our 2 children (British passport holders).

Is this an option? If so, is it advisable route?

Thanks

Pulaski

That is one of the only two options you have (with a possible third short-term alternative due to the coronavirus travel restrictions) - apply why the British citizen spouse is in the UK and the non-British spouse is outside the UK; the other alternative is to apply while you are both outside the UK, and this is a possibility if you are using the savings route, and I would have thought most couples would prefer this second alternative.

SanDiegogirl

This is a slightly different question from your earlier one which was is there an option for me to apply for my wife from UK (if I take a short trip back) that is easier/ quicker?

It is your wife that is applying for the visa - and she does this from the US. She will be doing her BRP process based on where she applies from in the US.

Whether you are in the US or in the UK makes no difference to process or timescale.

As you are applying using savings, as per Pulaski, your wife can apply when you are both in the US and travel over together; or YOU can move to the UK, your wife applies and then moves when visa is issued. Same process, same timescale.

Viking2013

Thanks Pulaski and SanDiegogirl for answers.

The option for me to go ahead and prepare things in UK ahead of our family may be a useful option at this stage. Travelling together from US as a family is preferable but may not make most sense for us. Good to know both are viable options.

Thanks for swift responses.

Viking2013

Hi all - sorry to return to a question I posed in last few days, however looking for confirmation on whether we can submit a Spouse Visa application whist I am in UK (permanently) and wife is in US.

I was just informed by a solicitor (I was submitting info for fees etc - but decided against it after advice on here) that" first spousal visa application may only be managed outside the UK via the Entry Clearance process"

Can someone provide a link to counter this claim please?

We live in a large US city and are looking to leave ASAP. My wife can move to be with her family whilst I head to UK, joining me once visa is issued.

Thank you

christmasoompa

S/he is correct, your wife must apply from outside the UK. You however, can be in the UK whilst she does so.

For future ref, it's easier to keep all questions on the same subject in one thread, I'll move this now to your existing thread.

Good luck.

Pulaski

The foreign spouse must be living outside the UK when they apply for their spouse visa to live in the UK. The British spouse sponsoring their foreign spouse for a visa to live in the UK can be living in the UK or overseas.

Viking2013

Thanks for clarification. Understood re thread - thanks

SanDiegogirl

You keep on saying 'WE can submit an application ......." YOU the Brit are NOT making the application, your wife is. She must make it from the US.

So, answering it another way; YES you can submit an application, while you, the Brit is in the UK and your wife, the US citizen, is in the US. Your wife makes the application from the US.

Pulaski

But she cannot do so without being married to a British citizen, so IMO it is not entirely unreasonable to say that "we" are applying for the visa.

EdandPaula

With the VFS Global centers being closed in the US till at least June 4th, based off the USCIS page we were directed to from VFS Global, your wife could come to the UK as a visitor stay with you and then fly back once the center reopens for business, get her biometrics done and get her visa and return to the UK. The only issue would be if the center did not reopen within 6 months of your wife being in the UK, at which time she would have to leave the UK for several months.

oxygen28

Hi Viking2013.

I'm not sure if this would help you but, you can perfectly do both;
1.) YOU can stay with your family in the US while applying/waiting for your wife's visa approval and the travel together once she gets it, or;
2.) YOU can head to the UK first (on your own or with kids) and your wife stays in the US while awaiting for her visa and then fly to the UK (on her own or with kids) once your wife gets her visa approval.

I did savings route too. And we did option 2 as well. My husband moved back to the UK first (Brit) and I (foreign) stayed in Canada where I applied my visa and followed him after receiving my visa approval. Our timeline was 6 weeks, from the time I lodged my application up to the time I received my visa.

Goodluck.

QueenAnaMul

I am a US citizen with 2 children born from US. I visited my British husband last month and we were supposed to apply for our spouse visa this month of April but due to COVID19 my flights were cancelled. I am still stuck in the UK. Can I apply while in the UK since I am only here to visit my husband and my residency is still in the USA?

Also, anyone here please guide us what service should we use from VFS global. We find it really expensive but we would like to expedite our application, how does that work?

We would really appreciate your help. Stay safe and healthy!

SanDiegogirl

While some flights have been cancelled there are still flights to the US . Where do you need to fly to? US citizens can return to the US

While there has been some info on those already on visas in the UK and extentions to those visas, YOU are not on a visa as such and I understand that as a visitor you cannot apply from the UK even in these circumstances.

If you only travelled to the UK in April, then you can remain as visitor until October - bound to be flights by then.

BritInParis

This only applies if your current leave to enter expires before 31 May. Since you only arrived in April then your six months as a visitor will be up sometime in October. As such you should plan to return to the US and apply for your spouse visa in the normal fashion. The VACs in the US are due to reopen on 4 June.