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US to UK EEA Family Permit Confusion

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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CR001
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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Sun Oct 27, 2019 8:07 pm

RubGue wrote:
Sun Oct 27, 2019 7:53 pm
So update, I know one of you commentors replied with the details of the Family Visa, since that seems to ne the best option at this point, I was wondering if y'all could explain the process. I also was wondering if I was able to apply for it while I'm in the UK visiting. What I've read it is cheaper and faster to do it within, but does that mean I could do that while using my passport to visit?
1. You cannot apply for a spouse visa while in the UK as a visitor. It will be refused as it is not possible to switch to any other visa category as a visitor in the UK. You must apply from the USA. £1523 visa fee plus £1200 IHS fee.

2. Yous spouse needs to meet the financial requirement of £18,600pa with a minimum of 6 months payslips and bank statements or £62,500 held in savings for a minimum if 6 months by either of you (cannot be a loan). Adequate accommodation is also required. Evidence of communications and subsisting relationship is also required.

https://www.gov.uk/uk-family-visa/partner-spouse

For the full details on the financial requirement, good "Appendix 1.7".
Char (CR001 not Casa)
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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Sun Oct 27, 2019 8:54 pm

CR001 wrote:
Sun Oct 27, 2019 8:07 pm
RubGue wrote:
Sun Oct 27, 2019 7:53 pm
So update, I know one of you commentors replied with the details of the Family Visa, since that seems to ne the best option at this point, I was wondering if y'all could explain the process. I also was wondering if I was able to apply for it while I'm in the UK visiting. What I've read it is cheaper and faster to do it within, but does that mean I could do that while using my passport to visit?
1. You cannot apply for a spouse visa while in the UK as a visitor. It will be refused as it is not possible to switch to any other visa category as a visitor in the UK. You must apply from the USA. £1523 visa fee plus £1200 IHS fee.

2. Yous spouse needs to meet the financial requirement of £18,600pa with a minimum of 6 months payslips and bank statements or £62,500 held in savings for a minimum if 6 months by either of you (cannot be a loan). Adequate accommodation is also required. Evidence of communications and subsisting relationship is also required.

https://www.gov.uk/uk-family-visa/partner-spouse

For the full details on the financial requirement, good "Appendix 1.7".
But I wouldn't be using a visitor visa, as my passport is the only thing I'd need to fly into the UK for quite awhile. Unless I'm reading it wrong. Then how is there a category for people "who are in the UK" in the family visa site.

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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Sun Oct 27, 2019 9:01 pm

RubGue wrote:
Sun Oct 27, 2019 8:54 pm
CR001 wrote:
Sun Oct 27, 2019 8:07 pm
RubGue wrote:
Sun Oct 27, 2019 7:53 pm
So update, I know one of you commentors replied with the details of the Family Visa, since that seems to ne the best option at this point, I was wondering if y'all could explain the process. I also was wondering if I was able to apply for it while I'm in the UK visiting. What I've read it is cheaper and faster to do it within, but does that mean I could do that while using my passport to visit?
1. You cannot apply for a spouse visa while in the UK as a visitor. It will be refused as it is not possible to switch to any other visa category as a visitor in the UK. You must apply from the USA. £1523 visa fee plus £1200 IHS fee.

2. Yous spouse needs to meet the financial requirement of £18,600pa with a minimum of 6 months payslips and bank statements or £62,500 held in savings for a minimum if 6 months by either of you (cannot be a loan). Adequate accommodation is also required. Evidence of communications and subsisting relationship is also required.

https://www.gov.uk/uk-family-visa/partner-spouse

For the full details on the financial requirement, good "Appendix 1.7".
But I wouldn't be using a visitor visa, as my passport is the only thing I'd need to fly into the UK for quite awhile. Unless I'm reading it wrong. Then how is there a category for people "who are in the UK" in the family visa site.
You might not require a pre approved visitor visa, but your are still admitted and stamped in as a visitor for a maximum of 6 months.

The who are in the UK category is for those on any other visa other than a visitor status, ie a fiance visa, work permit, ancestry visa etc.

It does clearly state a visitor is not eligible.
You have a visitor visa or a visa for 6 months or less

You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Sun Oct 27, 2019 9:05 pm

CR001 wrote:
Sun Oct 27, 2019 9:01 pm
RubGue wrote:
Sun Oct 27, 2019 8:54 pm
CR001 wrote:
Sun Oct 27, 2019 8:07 pm
RubGue wrote:
Sun Oct 27, 2019 7:53 pm
So update, I know one of you commentors replied with the details of the Family Visa, since that seems to ne the best option at this point, I was wondering if y'all could explain the process. I also was wondering if I was able to apply for it while I'm in the UK visiting. What I've read it is cheaper and faster to do it within, but does that mean I could do that while using my passport to visit?
1. You cannot apply for a spouse visa while in the UK as a visitor. It will be refused as it is not possible to switch to any other visa category as a visitor in the UK. You must apply from the USA. £1523 visa fee plus £1200 IHS fee.

2. Yous spouse needs to meet the financial requirement of £18,600pa with a minimum of 6 months payslips and bank statements or £62,500 held in savings for a minimum if 6 months by either of you (cannot be a loan). Adequate accommodation is also required. Evidence of communications and subsisting relationship is also required.

https://www.gov.uk/uk-family-visa/partner-spouse

For the full details on the financial requirement, good "Appendix 1.7".
But I wouldn't be using a visitor visa, as my passport is the only thing I'd need to fly into the UK for quite awhile. Unless I'm reading it wrong. Then how is there a category for people "who are in the UK" in the family visa site.
You might not require a pre approved visitor visa, but your are still admitted and stamped in as a visitor for a maximum of 6 months.

The who are in the UK category is for those on any other visa other than a visitor status, ie a fiance visa, work permit, ancestry visa etc.

It does clearly state a visitor is not eligible.
You have a visitor visa or a visa for 6 months or less

You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
Then also that it says "combined" annual income, say I have 6 months of work but in total I have enough and with hers it's the right amount. If I'm applying as a partner.

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Re: US to UK EEA Family Permit Confusion

Post by Casa » Sun Oct 27, 2019 9:11 pm

Your own income earned outside of the UK won't be considered in the £18,600 p.a calculation. Only your wife's income as the sponsor will qualify.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Sun Oct 27, 2019 9:15 pm

In addition to Casa's advice, note that it is only for the initial visa that your spouse alone needs to meet the salary requirement. For extensions once you are already in the UK on a spouse visa, combined income or only yours can be used.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Sun Oct 27, 2019 9:20 pm

Casa wrote:
Sun Oct 27, 2019 9:11 pm
Your own income earned outside of the UK won't be considered in the £18,600 p.a calculation. Only your wife's income as the sponsor will qualify.
Again it continues to saying you and your partner. Not about extension. Just about the proof of income

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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Sun Oct 27, 2019 9:32 pm

Your income will be ignored for an initial spouse visa application from abroad. It is your British spouse who is sponsoring you that just prove they meet the requirement to sponsor you initially. Savings can be either of yours though.

Immigration rules Appendix FM link below.

https://www.gov.uk/guidance/immigration ... ly-members
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: US to UK EEA Family Permit Confusion

Post by Casa » Sun Oct 27, 2019 9:34 pm

RubGue wrote:
Sun Oct 27, 2019 9:20 pm
Casa wrote:
Sun Oct 27, 2019 9:11 pm
Your own income earned outside of the UK won't be considered in the £18,600 p.a calculation. Only your wife's income as the sponsor will qualify.
Again it continues to saying you and your partner. Not about extension. Just about the proof of income
Income from salaried or non-salaried employment of the partner (and/or the
applicant if they are in the UK with permission to work
). This is referred to as
Category A or Category B, depending on the employment history. See section 5 of
this guidance.


https://assets.publishing.service.gov.u ... -ext_1.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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