Which Visa???

[samijane40]

Hi there, I wonder if someone could help me PLEASE!!!!

I am a British Citizen, currently living in St Lucia with my St Lucian Husband. I have been married for 7 months and we want to return to England for, possibly longer than 6 months. I have sat for hours on the Immigration website and the longer I look, the more confused I become. From what I understand so far is that:

1. A St Lucian can remain in the uk for up to 6 months as a visitor without a visa, but cannot extend the stay longer than 6 months. However, further into the website it states that once in the uk you may be able to extend.

2. It appears that we could obtain a 'spouse visa' which would allow us to remain together in the UK for up to 2 years, but it states that you have be in the UK to apply for this.

How can you apply once in the uk if you cannot change your entry status?

We will be residing in England with my parents who are both financially solvent and are able to support us throughout our stay, and my mother is awaiting a date for an operation, for which we want to be there to support her throughout her convelescence. However, if we decide to remain in the UK for 6 months plus I will get work. I realise that my husband cannot work but as I have said before, we will be financially supported independently of government funds.

So, the short of it is. Can we enter England as visitors (6 month max stay) and is there a possibility that we can then extend to a spouse visa to increase our stay in Britain?

[geriatrix]

Can we enter England as visitors (6 month max stay) and is there a possibility that we can then extend to a spouse visa to increase our stay in Britain?

No.

If the intention is to settle in the UK or to stay for more than 6 months, then your spouse needs to apply for settlement visa.
See also Changes to the Immigration rules.

[Lucapooka]

If you do wish to settle you would well to act immediately. If you apply after July 9th there are onerous requirements relating to higher minimum salary and longer residence periods before permanent settlement can be granted.

[samijane40]

we were looking to stay for approx 1 year. would settlement visa be necessary or would the 'spouse visa' surfice?

[Lucapooka]

Spouse visa and settlement are one and the same but it comes in stages. Right now, a settlement visa offers two years of temporary residence and then you may switch to permanent residence. From July 9 this will change to five years temporary residence (made in two installments) and then permanent residence.