General UK immigration & work permits; don't post job search or family related topics!
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avs
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by avs » Sat Mar 29, 2008 4:11 pm
Can anyone help us please. I am a british citizen married to an american who is presently with me in the UK on a six month tourist visa which stipulates no right to work or access public funds. Our son of one year also holds a british passport. We would like to obtain a long stay visa and permit for my husband with out being required to leave the /. Is this possible. We have been married for 1 year. As my husband is not able to work flying back to the states to begin an expensive spousal visa application would be very difficult. We have been told that it is not a sure thing to apply outside the UK and if we were in the states and not able to return to the UK with a working permit then my american visa would expire. It seems there are no solutions to our situation, any information that might prove to be useful would be very much appreciated. Thank you in advance.
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Wanderer
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by Wanderer » Sat Mar 29, 2008 4:33 pm
avs wrote:Can anyone help us please. I am a british citizen married to an american who is presently with me in the UK on a six month tourist visa which stipulates no right to work or access public funds. Our son of one year also holds a british passport. We would like to obtain a long stay visa and permit for my husband with out being required to leave the /. Is this possible. We have been married for 1 year. As my husband is not able to work flying back to the states to begin an expensive spousal visa application would be very difficult. We have been told that it is not a sure thing to apply outside the UK and if we were in the states and not able to return to the UK with a working permit then my american visa would expire. It seems there are no solutions to our situation, any information that might prove to be useful would be very much appreciated. Thank you in advance.
He'll need to apply for EEA permit from the USA. No other way. Will be quite easy I imagine, americans are rarely refused, and the app is free.
U don't need to go, just him.
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paulp
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by paulp » Sat Mar 29, 2008 4:34 pm
avs, it is nigh on impossible to switch from a tourist visa to a spouse one within the UK.
I think going back to the US is the only route to getting that spouse visa. If money is tight, you may have a problem satisfying the funds/self-maintenance requirements. What would help is if your husband could get a job offer while here and then return to apply for the spouse visa.
What is the separate problem with your US visa?
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JAJ
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by JAJ » Sat Mar 29, 2008 4:40 pm
Wanderer wrote:
He'll need to apply for EEA permit from the USA. No other way.
Spouse visa, not an EEA permit.
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Wanderer
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by Wanderer » Sat Mar 29, 2008 4:44 pm
JAJ wrote:Wanderer wrote:
He'll need to apply for EEA permit from the USA. No other way.
Spouse visa, not an EEA permit.
Yes! I saw France in the OP's location, threw me off.
Spouse visa - and not free then.....
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avs
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by avs » Sat Mar 29, 2008 4:46 pm
Thanks for the replies.
We are worried about having to prove funds and possibly getting his visa rejected.
also...
Do you think it might be possible to extend his tourist visa which runs out in June - the reason for this is we are expecting our second child in May /June and he would not want to miss the big day.
I don't have a US visa problem the only thing is that if i do go with my husband to the US and we experience problems of delay i can only stay there legally for 3 months and right now i am not allowed to travel due to pregnancy.
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paulp
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by paulp » Sat Mar 29, 2008 4:55 pm
avs wrote:We are worried about having to prove funds and possibly getting his visa rejected.
also...
Do you think it might be possible to extend his tourist visa which runs out in June - the reason for this is we are expecting our second child in May /June and he would not want to miss the big day.
Tourist visa extensions past 6 months are also hard. It wouldn't hurt to try but I'm not too sure that your pregnancy would increase your chances that much.
Best thing to do is to get a job offer while in the UK. You don't need to go back with him to apply for the spouse visa.
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avs
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by avs » Sat Mar 29, 2008 5:27 pm
Thank you for your reply, i dont know why they make it so difficult for Americans. I guess we will try and find him a job that would provide him with paper work.
Also can he keep coming back and forth from the USA to UK on a tourist visa, and then after 3 years apply for residency?
There must be a more simple and easy way to obtain residency after all he is married to a brit.
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Wanderer
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by Wanderer » Sat Mar 29, 2008 5:33 pm
avs wrote:Thank you for your reply, i dont know why they make it so difficult for Americans. I guess we will try and find him a job that would provide him with paper work.
Also can he keep coming back and forth from the USA to UK on a tourist visa, and then after 3 years apply for residency?
There must be a more simple and easy way to obtain residency after all he is married to a brit.
No, living on VV's is a no-no. And Americans have it easy believe me.
whatever u do he's gonna have to leave and re-enter so you might as well get used to and prepare for it.
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paulp
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by paulp » Sat Mar 29, 2008 5:37 pm
avs wrote:Also can he keep coming back and forth from the USA to UK on a tourist visa, and then after 3 years apply for residency?
There must be a more simple and easy way to obtain residency after all he is married to a brit.
Unfortunately not, the only way open to him to get Indefinite Leave to Remain is to spend 2 years in the UK on a spouse visa. That's the way the system works.
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paulp
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by paulp » Sat Mar 29, 2008 5:43 pm
Of course, that's not the only way. He could also spend 5 years in the UK on a work permit.