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Spouse Visa and Spouse Mobility

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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orojim
Newbie
Posts: 30
Joined: Wed Jan 04, 2017 6:01 pm

Spouse Visa and Spouse Mobility

Post by orojim » Sat Sep 18, 2021 6:44 pm

I have United Kingdom citizenship. I have never lived there, but my wife (U.S. citizen)and I plan to move there within the next couple of years. As I understand the rules, I must have a residence (suitable for two) established in the UK and she must apply from outside the UK.

Questions:

While her spouse visa is pending, may she enter the UK on a regular old tourist visa with a return ticket?

While her spouse visa is pending, am I free to leave the UK and return at will, as long as I maintain a residence there?

Thanks very much for any insights!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Spouse Visa and Spouse Mobility

Post by manci » Sat Sep 18, 2021 7:35 pm

orojim wrote:
Sat Sep 18, 2021 6:44 pm
I must have a residence (suitable for two) established in the UK
Not necessarily, initially hotel accommodation or staying with friends or relatives is also acceptable with appropriate supporting evidence
orojim wrote:
Sat Sep 18, 2021 6:44 pm
While her spouse visa is pending, may she enter the UK on a regular old tourist visa with a return ticket?
I expect so but if the BFO checks the records and finds that a spouse visa application is pending she may be subject to extensive questioning for which she should be prepared (with documents).
orojim wrote:
Sat Sep 18, 2021 6:44 pm
While her spouse visa is pending, am I free to leave the UK and return at will, as long as I maintain a residence there?
Being a BC there are no restrictions on your travel and you don't have to maintain a residence in the UK
Personal opinion, not professional or legal advice

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