zuluswede

Hello all, my apologies if this question has already been asked and answered, but I've had no luck searching the forum for any info on this specific query and sadly requests for help from the UKVI service have been as useful as a chocolate teapot.

The immigration section of the "gov.uk" website seems to have been deliberately designed to tie you up in knots... I'm not a stupid person, but several days (and nights) of trying the "Start Here for you visa", have left me feeling my college education may have been wasted.

My situation is I'm a British Citizen married to a USC. We currently live in the US with our two children and planning a move to live in the UK. I understand my wife will need a "spouse visa" (my children are already british citizens) but for some reason I'm unable to find this visa type anywhere. I've registered with the "Visa4UK" online application service but cannot see how to apply for a "Spouse Visa". I see the option for selecting the "Visa Sub Type" as "Wife" when I select the "Reason for Visit" as "Settlement" and the "Visa Type" as "Settlement" but when I read the requirements for this type of application it states I must already be "settled" the UK, which I am not.

Our plan is for us to make the move to the UK together. I'd be grateful for some help in locating the appropriate visa application for her.

Many thanks.

BritInParis

Don't worry, you're not alone, it's as clear as mud since the recent changes.

https://www.gov.uk/join-family-in-uk

zuluswede

Hello BritInParis, thank you so much for your response. I'm so sorry but I think this is where my "nightmare" started... I've already been to that link several times... It says "Apply to join family living permanently in the UK" and I don't currently live in the UK... I see the "Apply outside the UK" option which says "You must apply online for this visa" which has a link to the dreaded "Start Now" button which takes me to the "Visa4UK" website and my nightmare begins again... I'm clearly missing something... (at this stage quite likely a large number of brain cells!)... I've tried all the selection combinations on the Visa4UK website but none of them is giving me the "Spouse Visa" application or anything resembling it for my situation. As mentioned previously the closest I can get to is the "Wife" visa application but the requirements for this type of visa says I must be settled in the UK.

My grateful thanks again for your help.

englishguygoinghome

You've found the right one. Even though it says that you, as the spouse, must be already settled in the UK this doesn't apply to citizens intending to return. The bad-wording problem has been around for years now on the online application.

ncoomber

Hi Zulus,
Is it now working for you?
The 'wife' settlement thingy is what you need. It sounds like you are there?
Don't forget to print out appendix 2 and fill that out by hand.
Here is the process:
Fill out the online application
You will be given an appointment for biometrics in the US after the form is complete
Pay the outrageous fees (just shy of $1500)
Go get the biometrics done in the US
If you want priority service pay an extra $510 (could be a scam - dunno - but fell for it all the same!)
Mail (fedex) all supporting dox + printout of online form + appendix 2
Then sit and wait for some bod in the uk gov to decide on your future.

Good luck
Cheers
Nigel

formula

You will get the help you need, with full, correct details, on the www.uk-yankee.com site.

zuluswede

Thanks so much for all the info Nigel. I'd seen your post in another thread and had asked a similar question that got me the answer.

All the very best to you on the journey back.

ZS

WEBlue

Yeah, this trips up MANY here when they actually go to fill out the online application. The Home Office need to add "or with the full right to settle" to that category. But I guess that would make it too easy ....

If the search function were working properly, I'd post the link to many previous threads asking this question. It's really annoying that the HO didn't fix this, at the very least when they 'revamped' the old UKBA website into the new GOV.UK site.

zuluswede

Thanks EGGH, I'm rapidly coming to the conclusion that this is a deliberate ploy... many thanks for your response.

zuluswede

Thanks for the info WEBlue. I was starting to doubt my ability to read the English language.

Best regards. ZS.

WEBlue

Yes, trying to understand this visa will do that to you.

zuluswede

Hello, me again... back after another bruising engagement with the GOV.UK website. I'm trying to find information on what restrictions, in terms of "travel" outside the UK you are subject to, following entry under a spouse visa. I suspect once you're granted entry there are specific rules about how long you can be outside the UK before you're deemed to have "abandoned" your claim for settlement? Also, does anyone have any experience with their (non-EEA) spouse travelling (alone) in and out of the UK multiple times during the initial visa period? My wife sometimes has to travel for business 2 or 3 times in a relatively short period.

Many thanks, ZS.

ncoomber

Not totally sure about this.....but I believe you have to travel with your wife when you first enter together (unless you are already living in the UK?). Once 'in' she is free to enter and leave at will. There may be a max amount of time she can be away - not sure what it is?
Cheers
Nigel

zuluswede

Thanks for your time Nigel and the info.

I returned to the GOV.UK website with renewed vigor this morning and think located the appropriate "rules"...

Immigration rules paragraphs 18-20 (Returning Residents) and 20A (Non-lapsing leave)

englishguygoinghome

Yes, you've found the right bit.
If you leave the UK and your visa runs out while you are away but within 2 years of leaving - you can apply for a returning resident visa and may or may not be granted
If you leave the UK and your visa is still valid then you can return within 2 years
If you leave the UK and your visa is still valid based on it's expiry date (or it is ILR/ILE) but you have been away for more than 2 years then it is invalidated and you need to reapply

Also worthy of note is if you wish to apply for citizenship then in the 3 years prior to application you can only be outside the UK for 270 days in total, with a maximum of 90 in the year up to the application