Branchard

Hello -

I'm still a newbie here and trying to read all the immigration information for moving to the UK. So take it easy on me if I ask some "stupid" questions!

My husband is a UK citizen and I am the USA spouse. We want to move to the UK to be closer to his family. We will be staying with his parents for awhile and he does not work now nor does he have a guaranteed job lined up in the UK yet. There are some things in motion, but nothing definite.

Now, I've read a LOT of information regarding the financial requirements and that is a whole big huge headache in itself. The chances of us meeting the financial requirement here in the US before traveling to the UK next year is highly unlikely. So we are thinking that we will go the UK and he can start looking for a job after we arrive and we'll go from there.

But now the really fun part - figuring out how I can stay there while all this is going on? I have read some information about Long-Term Visitor Visa or Long Term Family Visit Visas. But I'm still fuzzy and confused about them. Can anyone tell me more information about them? I see you can apply for a 1 year, 2 year, and 5 year visa. You can only stay 6 months at a time and have no access to public funds - which isn't a problem. I'm not there to live off the UK government. I want to be there with my husband and family.

How likely would it be to get a 2 year long-term visitor visa if my husband is staying there to find work? After 6 months it says you must leave the country. Can I just go to another EU country for a day or two and then re-enter the UK?

Has anyone done this and can share their experience? I don't want to be apart from him at all. And there is just no way I can stay in the USA while he is in the UK. I can deal with having to come back at some point to apply for the spousal visa, but is there a way for me to be able to stay in the UK while he works towards the financial requirements for the spousal visa?

Please help!!!!

englishguygoinghome

Hi there,

While there has been some anecdotal evidence of people getting visit visas in such a situation there are plenty of stories of refusals and even non-visa nationals getting stopped at the airport and deported after spending 2-3 days in detention.

The official web site says:
General opinion here says that you need to show strong ongoing ties to the USA (a job or ongoing studies and a house) so that it is clear you are just visiting your husband and not trying to live with him (and thus bypass the spouse visa rules)

Sorry.

Branchard

No need for you to apologize And I totally understand what you are saying. What is frustrating to me is that I don't want to lie about anything and want to tell them the truth about my visits. And we are not trying to bypass the spouse visa rules at all. As soon as we could get to the UK, my husband will start looking for a job. We plan to fully adhere to the law and meet the financial requirements. I just want to be able to be with him while he is trying to meet those requirements. I don't want to live apart for 6 months or longer.

And the only ties that I could show them are my family ties here. We are planning to go May 2015. We have a transatlantic crossing planned. So I won't have a job or house to come back to. I would only have my parents and other relatives to come back to and stay with.

Like I said, I just want to be able to stay with him while he tries to meet the requirements. As soon as we could meet them, then I would come back to the States and start the application process.

mikelincs

You would seem to be one of those more likely to be refused entry having read posts on here from people in the same situation. We have posters on here who have tried and failed, especially with the fact that you will not have any strong ties to the US. The financial requirements are under review, but no-one knows how long the review will take.
Many people are havng to go the Surindher Singh route to avoid the time apart.

formula

No access to public funds, no free NHS, no working on a visitor visa.

Those longterm visas are only to save people from applying every year. They can stilll only stay for 6 months in any 12 months. To get a longterm visitor visa, they usually like to see that you have entered as a visitor before and not abused your visa while you were in the UK (overstayed, used the NHS, worked, commited crimes etc) before they will issue any longterm visa.

As said, you will have to show strong ties to the US, such as proof of a job that you are expected to return back to, property in the US that you live in (rental or owned) and close family (partner) living back in the US, all for you to return back home for.

With your husband living in the UK and you wanting to live in the UK too, you will need a spouse visa.You are not allowed to live in the UK on a visitor visa. A spouse visa will give you free NHS and a right to work in the UK but your husband will have to show that he can afford to sponsor you. If you are interested, there is a forum for US citizens who want to live in the UK as someones dependant www.uk-yankee.com

Do you have family you can stay with? You will almost certainly get someone on uk-yankee point out to you that to go the other way round (UK spouse to the US) will take nearly a year for a visa - and that's once you already have your sponsorship finances in order.

BritInParis

This visa is designed for visa nationals (e.g. Pakistani, South African, Russian) who wish to visit their UK-based relatives on a regular basis over a prolonged period without having to apply for a visa each and every time. As you mention it's only for stays for up to six months meaning up to six months per year. As a US citizen you can visit the UK without a visa for up to six months so this visa wouldn't be suitable for you.

As others have mentioned you may be refused entry at the UK border if you cannot show strong ties to the US. If you enter the UK with your husband at the start of his six months working in order to meet the financial requirements then it'll be up to you how much you wish to bend the truth with the Immigration Officer to admit you so you can spend the six months with your husband before returning to the US to apply for your spouse visa.

The safest option would be remain in the US for the six months and apply. Anything else runs the risk of refusal.

formula

Non visa nationals who have been refused entry to the UK before, are also advised to apply for a visa before travelling to the UK again.


If a non visa national (such as a US citizen) thinks they may be refused entry to the UK when they arrive at the airport, they can apply for a visitor visa (£80?) beforehand to save the cost of the airfair. A refusal of that visitor visa wouldn't be cause for a spouse visa to be refused.

BritInParis

Don't think this applies to the OP.

True, but if a non-visa national is going to refused at the border as a visitor then they'll be refused for a visit visa for the same reasons i.e. lack of ties to their home country. If you apply for a visa when there is no obvious reason you'll only raise an ECO's suspicions. Even if a visa is issued then a CIO still has the right to refuse entry if they don't think the visa holder will comply with the conditions of the visa.