Initial Questions - Spousal Visa

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Old Aug 18th 2016, 8:56 pm
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Default Initial Questions - Spousal Visa

Hello Everyone,

I was hoping that some might be able to help out with a few initial questions regarding a Spousal UK Visa.

We just found out this morning that my wife (British Citizen) was accepted to a MSc Program at UCL for Sept. 2017 Entry. We are starting to plan for a potential move in about a year to London.

Our Details: Married for 7 years, I'm a US Citizen, she is British/Canadian (never lived in the UK), we currently live in Toronto.

I'd like to know what the exact name of the Visa is that I will need to apply for? (Settlement Visa?)

I also understand that there is a financial requirement, as laid out in Category D. In reading the fine print it says that the funds must "held by the partner and/or the applicant for at least 6 months and under their control."

Does that mean that I have to be on an account for 6 months, or the required amount of funds has to be present in that account for 6 months?


Thanks for any advice as we begin this process.
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Old Aug 19th 2016, 12:19 am
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Default Re: Initial Questions - Spousal Visa

The money has to be in the account (usually)for 6 months and can be held by either applicant or sponsor or jointly.

There are some circumstances where the money does not need to be in the account for 6 months. Read the following Appendix carefully to see under which category you can apply:

https://www.gov.uk/guidance/immigrat...ified-evidence
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Old Aug 19th 2016, 5:44 pm
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Default Re: Initial Questions - Spousal Visa

SanDiegogirl, thanks for your reply. Thats makes sense I suppose.

Could you (or anyone) give me guidance on exactly which Visa I should be applying for? As I said my wife is British, I'm American. We will be arriving together in the UK.

I'm getting tripped up on this question:

"2 Did your family member or partner settle before they became a British citizen?"

My wife became a British Citizen in her early 20s (parents from Northern Ireland). She has never lived in the UK, so the word "Settled" here is kind of confusing.

Thanks for any help.
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Old Aug 20th 2016, 7:41 am
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Default Re: Initial Questions - Spousal Visa

Originally Posted by asheehan
SanDiegogirl, thanks for your reply. Thats makes sense I suppose.

Could you (or anyone) give me guidance on exactly which Visa I should be applying for? As I said my wife is British, I'm American. We will be arriving together in the UK.

I'm getting tripped up on this question:

"2 Did your family member or partner settle before they became a British citizen?"

My wife became a British Citizen in her early 20s (parents from Northern Ireland). She has never lived in the UK, so the word "Settled" here is kind of confusing.

Thanks for any help.
She will be classed as settled the moment she sets foot on UK soil, so even before you go through immigration.
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Old Aug 22nd 2016, 1:46 pm
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Default Re: Initial Questions - Spousal Visa

Originally Posted by asheehan
SanDiegogirl, thanks for your reply. Thats makes sense I suppose.

Could you (or anyone) give me guidance on exactly which Visa I should be applying for? As I said my wife is British, I'm American. We will be arriving together in the UK.

I'm getting tripped up on this question:

"2 Did your family member or partner settle before they became a British citizen?"

My wife became a British Citizen in her early 20s (parents from Northern Ireland). She has never lived in the UK, so the word "Settled" here is kind of confusing.

Thanks for any help.
You will need to either join or accompany your wife to the UK on a spouse visa so she will go through immigration first and as a British citizen will be considered settled immediately if she is returning to the UK to live. This does mean that you cannot move to the UK first or without her.

If your wife's parents were born in Northern Ireland, married and your wife was born in Canada then she was a British citizen from birth.

Last edited by BritInParis; Aug 22nd 2016 at 1:48 pm.
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Old Aug 24th 2016, 6:31 pm
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Default Re: Initial Questions - Spousal Visa

Originally Posted by asheehan

My wife became a British Citizen in her early 20s (parents from Northern Ireland). She has never lived in the UK, so the word "Settled" here is kind of confusing.
If your wife's parents were born in the island of Ireland (including Northern Ireland), then your wife is also Irish.

Citizenship through descent

Could the wife takes up Irish Citizenship, then gives up her British Citizenship? You then can apply for an EEA family permit in order to come to the UK.

https://www.gov.uk/family-permit/overview

There is no set financial requirement for an EEA family permit.
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