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British spouse living outside the UK

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rball1212
Newly Registered
Posts: 16
Joined: Mon Oct 05, 2020 8:36 pm
United States of America

British spouse living outside the UK

Post by rball1212 » Mon Oct 05, 2020 8:41 pm

Hi,

I am a US citizen married to a British citizen. However, since he has been living in Canada for the past 10+ years, it seems that I can't apply for a family visa yet, because he's not currently living in the UK, correct?
I will be studying in the UK next fall, so I will be eligible for a student visa. But I noticed that as a US citizen I am able to be in the UK for up to six months without a visa. Would I be able to go to study in the UK without a student visa and then apply for a family visa once my husband is settled in the UK, or would I need to get the student visa first and then apply to change my visa status once we're there? Switching visa types would be an option, right?

Thanks!

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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United Kingdom

Re: British spouse living outside the UK

Post by seagul » Mon Oct 05, 2020 8:49 pm

rball1212 wrote:
Mon Oct 05, 2020 8:41 pm
Hi,

I am a US citizen married to a British citizen. However, since he has been living in Canada for the past 10+ years, it seems that I can't apply for a family visa yet, because he's not currently living in the UK, correct?
I will be studying in the UK next fall, so I will be eligible for a student visa. But I noticed that as a US citizen I am able to be in the UK for up to six months without a visa. Would I be able to go to study in the UK without a student visa and then apply for a family visa once my husband is settled in the UK, or would I need to get the student visa first and then apply to change my visa status once we're there? Switching visa types would be an option, right?

Thanks!
As a visitor you cannot study or switch into any other visa route including the spouse visa from inside the UK, however, if you will manage to obtain the student visa then certainly can switch in to spouse visa provided your sponsor will have been earning sufficiently or have sufficient cash savings..
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

rball1212
Newly Registered
Posts: 16
Joined: Mon Oct 05, 2020 8:36 pm
United States of America

Re: British spouse living outside the UK

Post by rball1212 » Mon Oct 05, 2020 9:46 pm

thank you so much!

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ALKB
Respected Guru
Posts: 874
Joined: Mon Mar 26, 2012 12:32 pm
Location: Berlin
Germany

Re: British spouse living outside the UK

Post by ALKB » Wed Oct 07, 2020 9:04 am

rball1212 wrote:
Mon Oct 05, 2020 8:41 pm
Hi,

I am a US citizen married to a British citizen. However, since he has been living in Canada for the past 10+ years, it seems that I can't apply for a family visa yet, because he's not currently living in the UK, correct?
I will be studying in the UK next fall, so I will be eligible for a student visa. But I noticed that as a US citizen I am able to be in the UK for up to six months without a visa. Would I be able to go to study in the UK without a student visa and then apply for a family visa once my husband is settled in the UK, or would I need to get the student visa first and then apply to change my visa status once we're there? Switching visa types would be an option, right?

Thanks!
If you can meet the financial requirement through savings, or if your husband has earned the minimum amount abroad and has a job in the UK starting within 3 months of arrival, you can also apply for the spouse visa from abroad. If the goal is to settle in the UK, then that would save you time and application fees.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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