WARPed

Hello All,

It has been a while since I was last here. Still see some familiar names though. Last time I was on here regularly I was moving west across the Atlantic to the USA, now I'm trying to move back to Britain with my USC wife...what a mess it all is.

I've read through the documents and appendix to try to get a handle of stuff. The British government sure as hell didn't the the "Crystal Mark" on their publications did they!

Anyway. The extended processing times we all face now is proving to be a real pain the arse.

My status: I'm a dual US/UK Citizen. I have a USC Wife. I've been employed in a job in the US for 3 years earning well above the minimum spousal visa requirement (about 41k).

My first question is:
If I get an offer of a job in the UK meeting the earnings requirement and they want me to start in 4 weeks there is no way with the current processing times I can accept their offer if I wait in the US with my spouse. Is it permissible for me to apply for my wife's visa while I am still in the US, while still employed by my US employer and while having the signed UK contract in hand (thus meeting all application requirements I think) and then while the application is being processed return (alone) to the UK to start work. Then when the visa is approved have my wife join me (I could hop back to return with her I guess if for some strange reason it helped matters). I feel that I have met the application requirements but the text of this application route says "applicant partner returning with applicant". Well technically I wouldn't be. I'd be returning in advance but only after submitting the application. I'm confused if this will make the application void then they force me to reapply from the perspective of being in the UK and employed for less than 6 months with my current employer. It will be clear what I am doing as the start date on my contract will likely predate the application approval.

Second question:
If I return to the UK (alone) without the offer of a job. Find a job meeting the earnings requirement and start it do I really have to wait 6 months before I can submit the application? I have seen that fact mentioned several places on the forum yet Appendix FM Section 1.7 says for the first evidence of a Category B application "There is no required minimum period for this current employment, provided that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be met in respect of it." as long as you also have the second evidence " have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on the gross amount of salaried or non-salaried employment income of the applicant’s partner (in the UK or overseas)". Specified evidence under paragraph 2 of Appendix FM-SE states evidence of UK employment to be "Payslips covering any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months " and "Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.". So...as my US salary over the prior 12 months would have far exceeded the minimum income requirement and I would be in a UK position exceeding the earnings requirement surely I can submit an application as soon as I have a single payslip and a single bank statement confirming the funds. Yes? No? Maybe?

As a side question related to my second one and assuming my second question assumption is correct...Am I right in thinking that based on the fact my US earning far exceed the visa requirements I could in theory seek work for up to 5 months with no income while in the UK and still be able to apply ASAP (1 payslip) when finding work because despite the extended no-pay period of job hunting the 7 months of the previous 12 where I was working (overseas) still meets the earnings threshold.

Thanks in advance. As always seems to be the case I am in debt to BE. Warning. This will lead to more questions I'm sure.

WARPed

One more question to add to this...

I have seen mentioned a number of times on here people discussing the option of having their spouse come the UK with them on a 6 month visitor visa while they seek work and start to fullfill the visa application requirements. I understand the need to have, at the very least, a return plane ticket for the spouse dated before the 6 month visitor visa would expire, as some shred of evidence (admittedly thin) that they will leave and not overstay and become "out of status". I also understand that the spousal visa cannot be applied for while my spouse is in the UK and she will not be able to visit while it is being processed (the loooooooog wait). In my situation we would likely dump our rental apartment and my wife is a self employed metalsmith so we would not be able to show many ties to the US other than the flight home.

So the question is...does anyone know how often this is actually successful? There is rarely any follow up.

It would be beneficial to do this as I could seek and start employment and maybe even clear my 90 day probation while my wife is in the UK as a visitor. Then, have her leave, submit the application from the US and I would be in a position to take some vacation (due to clearing probation) to visit her back in the US during the long processing stage and maybe to help with her final move after approval.

Once again...any input is much appreciated.

WARPed

Anyone?

Let me shorten this to my most pressing question:

Is it permissible for my USC wife to apply for her visa while I (UK/USC) am still in the US, while still employed by my US employer and while having the signed UK contract in hand (thus meeting all application requirements) and then while the application is being processed return (alone) to the UK to start work. Then when the visa is approved have my wife join me.

I'd really appreciate some clarification. I'll even take an "I don't know".

quiltman

So far as I'm aware, what you propose is feasible so long as the contract for the UK is dated to start within 3 months of your anticipated return date and you meet the other requirements such as accomodation.
Though if your UK start date is not fixed in stone why not make the application, carry on working in the US then both come back together? Hopefully Brit in Paris may come along later with a more definitive take.

WARPed

Thank you for your reply. This is a theoretical situation at the moment and the result of the extended processing times. With 60 working day processing times added to the time needed to actually move I'd need to find a job that would wait at least 3 maybe 4 months for me to start. I'm good at what I do but not so good that a company would wait that long. But if the application could be submitted prior to my return so the ball is rolling and then I return alone a few weeks into processing then my wife and I need only be apart for 1 or 2 months vs 5 or 6 if I return to the UK to look for work and then apply when I have my first pay slip in hand.

This question also applies as we have a dog who cannot fly and we need to use the Queen Mary 2 to sail over. If like to know the dog and I could catch the boat and return mid processing without screwing up the visa. Trying to find work and have a visa processed by a set date is quite the challenge. Especially with processing times as they are now.