US to UK EEA Family Permit Confusion

[CR001]

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".

[RubGue]

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.

[CR001]

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

[RubGue]

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.

[Casa]

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.

[CR001]

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.

[RubGue]

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

[CR001]

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

[Casa]

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