Spouse visas?

[beavernbulldog]

Hi,

I hope you can help me. My husband and I are considering a move from Canada to UK in the next 18months. Could you please advise what visas we require?

I have a British Passport with right of abode in the UK. As I only lived in the UK for the first 7 years of my life, and never worked there, would I need some sort of re-entry visa?

My husband has a Canadian passport, so I am sure he would require a spouse visa. Please advise what we would need and how long the process should take to get everything arranged.

Your assistance much appreciated.

beavernbulldog

[avjones]

If you have a full British passport, you have the right of abode in the UK and don't need any type of visa.

Your husband will need a spouse visa. How long have you been married?

[beavernbulldog]

Hi Amanda,

Thanks so much!

We have been married for almost 3 yrs, will be 4 by the time we get there.

Would you have any idea of the process?

BnB

[avjones]

I do indeed.

The relevant Immigration Rules say:
Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.


So you need to show that your husband and yourself can support him without benefits, taking into account savings / job offers / likely employment, that you will have somewhere to live, and that you have been married and living together for more than 4 years.

If all that is met, AND your husband has taken the "Life in the UK" test, he will be able to get indefinite leave to enter, and convert that after arrival into indefinite leave to remain.

Otherwise, he can get a 2 year spouse visa, with the same conditions about money and accommodation, but without the Life in the UK test.

[beavernbulldog]

That is fantastic, thanks so much!

Would you have any idea of how long this would take to process, just a rough estimate. ie a year?

Thanks
BnB

[avjones]

No, nothing like that.

Provided you put in a good application that shows he meets all the criteria, from Canada it'll be quick, a few weeks at most. Might be faster.

[beavernbulldog]

Amanda,

In terms of having job offers to substantiate his application, will this not be difficult? I was just thinking along the lines that not many people will extend a job offer knowing that the employee (my husband) does not have the right to work in UK at that time? He is a CNC programmer/tool and die maker and from what we have seen will have no problem with employment in UK, but we were only planning to look once we arrived there.

Would you have any advice on this too?

You have been a tremendous help!

BnB

[VictoriaS]

The question you need to ask is whether or not you can afford to support yourselves without a job offer for at least one of you. If the answer is no, then you will be refused the visa. Do you have any savings?

Victoria

[beavernbulldog]

Yes, we do have savings. We will also be taking the proceeds of the sale of property here in Canada. I think I will find employment pretty quickly - I am an executive PA and dont anticipate a problem.

BnB

[VictoriaS]

Then it shouldn't be a problem that you don't have employment secured. You may want to send some evidence that you can get a job easily, such as letters from agencies you have spoken to or print outs of positions you have seen advertised.

Victoria

[beavernbulldog]

That sounds like a good idea!

Would it help our position in any way if I went first, secured a job and a house, and then he handed in his papers. Or would this be detrimental?

[VictoriaS]

No, that would make it all the better!

If you would like profesisonal assistance with the application, please let me know.

Regards

Victoria

[beavernbulldog]

Thank you so much for all your help, you have been a godsend!

BnB

[alexk]

I have a similar situation.

I will be returning to the UK next year with my South African wife (married 18 months, been together for almost 4 years).

Obviously as we are both in South Africa at the moment neither of us have jobs in the UK. Is it sufficient that we will be living rent free in my parents annexe, and show evidence of enough funds to support us for say one or two months till work is secured in the UK (sale of house, cars etc..), and prospective job opportunities?

Any advice?

BTW I am a Brit with an NI number, the whole toot..

[vinny]

See also 13.5 - Spouses/civil partners and how they qualify and Chapter 9 The maintenance and accommodation requirements and 1.3 - Validity of entry clearance and leave to enter.

The spouse visa holder should initially enter the UK within 28 days (4 weeks) from the visa's effective date. This is because ILR (indefinite leave to remain) may be applied for before the visa's expiry but no sooner than 28 days (4 weeks) before the 2nd anniversary of the initial entry date.

See also Chapter 8 - Family members > Section 1 - Spouses; and
Chapter 8 - Family members annexes > Annex F - Family members - Maintenance and accommodation.

See also Knowledge of life in the UK and Application types (form SET(M)) for the ILR's requirements and documents that have to be collected over the qualifying period. Please note that the Application forms may be updated when you are ready to apply.