Spouse visa from US

[J&C]

Hi all,

My fiancee (US Citizen since birth) and I (UK citizen since birth) are getting married in America next April, and then plan to live in the UK for 2 (ish) years before moving to settle down in Texas permanently.

I'm just going over there on Visa Waiver programme with my parents for 2 weeks next April for the wedding reception (I'm going to the US next month and we'll get married and have the certificate signed in a courthouse) and then the plan is for my new wife and I to fly back to the UK together in April 2013 and stay here, as I said, for around 2 yrs.

So.....having read on the UKBA website, she needs to have her biomentrics taken in the US, pay the visa fee (£826) and post the required evidence/forms to New York for processing.

We meet the requirements I have read thus far; English 1st language, never been denied any visas before, no children & I earn mid-£20k's, BUT I understand we can't actually submit her visa application until 3 months before the date we plan to fly back, is that correct? Even if it takes longer than 3 months for the visa to be approved?!?

Also, once she is here, will she be free to apply for jobs straight away?
On UKBA it only states the visa holder 'may' be able to work, 'may' be able to register and be treated on NHS if needs be... it seemed quite frustrating that it was relatively vague for what we see as particularly important, need-to-know info!

Are there any Americans/general Guru's on here who have made the similar journey before/after visa rule changes in July 2012 who are able to shed any light, provide help or links to info online if I missed anything that already answers our questions?

Thank you kindly.

[J&C]

Oh and also, when looking at processing times on UKBA website for USA, is the visa we are after a 'settlement' visa? Thanks!!

[harv]

1 - If you meet all the requirements for a Spouse VISA, you can apply for the VISA straight away. You do not have to fly to the UK within three months, you are free to come to the UK as long as the VISA is valid. Although the immigration officers will be asking questions on your arrival at the airport if you delay your travel for too long.


2- I have not come across a spouse VISA with work restrictions. So I would think your wife will get no restrictions to work on her VSIA as well.


3- She is free to register with NHS and get treated as a UK citizen. However she cannot apply for any public funds i.e. income support, housing benefit, jobseekers allowance etc. until she holds ILR/British Citizenship

[MPH80]

Just to be clear on Harv's 'any time' - that's 'any time after you are married'.

M.

[J&C]

Thanks for the info, much appreciated.

The part I'm confused about is listed below the processing times for USA on the UKBA website:

"When to apply
You can apply for a visa up to 3 months before your date of travel to the UK. Applications received more than 3 months before your date of travel will be returned without a visa and without a refund of the application fee. You will then need to submit a new application and to re-enrol your biometric information at the appropriate time.

We strongly advise you not to confirm your travel arrangements until you have received your visa. To find out how long we usually take to process your type of visa, see the Visa processing times page."

This contradicts what you have said in 1. ? Thanks.

[harv]

Well what can I say about UKBA... I am lost for words here

This is a typical UKBA stance showing to be prompt with their systems but in real life a bit out of touch.

They are basically asking for a 'plan' of travel to the UK. Plans do change and everyone knows. So as long as you put in a date in your application as the intended date of travel to be within the 3 months of application submission you should be fine.

I put down literally 20 days from the date of application because thats when I was flying to the UK, so thought to put the date as that in case the VISA comes earlier

However, if you do not intend to travel to the UK within the three months from the time of application and you put that in your application. I am sure your application will be returned back as it says on the website.

[J&C]

Well...here's to praying they manage to process it and return her passport in under 3 months then!!!!