Returning to the UK with my non-EU spouse?

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Old Nov 7th 2016, 7:06 pm
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Default Returning to the UK with my non-EU spouse?

Hello,
I am a UKC currently living in the USA with my US husband. We want to return to the UK at the end of the year. I am aware of the rules and the minimum income requirement which i don't meet yet. I am wondering if we can return to the UK with my husband on a visitors visa (which he would get at the border) while I work towards the MIR.

We would book return flights, and retain our employment in the US, initially planning a 5 day trip, which we would extend if we could. We wouldn't volunteer information about our plans to stay, and would genuinely leave after 5 days if that's all they gave him...
Is the immigration officer likely to let my husband in? and if so, is he likely to get the whole 6 months or just a limited amount of time?

He's never overstayed and has only had two 3-month trips to the UK in 2013 and 2014 and been on a marriage visit visa for 6 months in 2015.

Thanks for any help
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Old Nov 7th 2016, 7:28 pm
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Default Re: Returning to the UK with my non-EU spouse?

Visitors from the US generally get six months, and I can't see why your husband wouldn't, but he MUST return to the US when the time comes to apply for a settlement visa.
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Old Nov 7th 2016, 8:26 pm
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Default Re: Returning to the UK with my non-EU spouse?

Thanks Pulaski!
I've heard stories of them turning away spouses and/or giving them a lesser amount of time out of suspicion of overstaying.

Yes, we will do so (or at least he will)
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Old Nov 7th 2016, 11:42 pm
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Default Re: Returning to the UK with my non-EU spouse?

Nothing wrong with your plan and your husband would normally receive the full six months however it is of utmost importance that, while you may not volunteer anything when the Immigration Officer questions your husband at the border, any answer to a direct question must be truthful.
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Old Nov 8th 2016, 6:17 pm
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Default Re: Returning to the UK with my non-EU spouse?

Originally Posted by BritInParis
Nothing wrong with your plan and your husband would normally receive the full six months however it is of utmost importance that, while you may not volunteer anything when the Immigration Officer questions your husband at the border, any answer to a direct question must be truthful.
Thank you BritInParis. Do you know under what circumstances people get less than 6 months?
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Old Nov 8th 2016, 6:35 pm
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Default Re: Returning to the UK with my non-EU spouse?

You can have a look here at the government's Visitor supporting documents guide.

https://www.gov.uk/government/public...ting-documents
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Old Nov 8th 2016, 11:24 pm
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Default Re: Returning to the UK with my non-EU spouse?

Originally Posted by rbsarel
Thank you BritInParis. Do you know under what circumstances people get less than 6 months?
It would be at the discretion of the Immigration Officer in question. Usually where there is doubt as to a person's intentions or circumstances but not so severe as to refuse entry altogether. I don't think you will have a problem. If you are pushed then just be completely honest about your intentions, explain you understand the rules and that your husband will return to the US at the end of the six months.
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