Timing of spouse visa application

[orojim]

I am a dual USA-UK citizen; my wife is a US citizen. We live in the United States and wish to move to Scotland. We do not anticipate problems in having her spouse visa application approved, as we satisfy the income requirements, we have no criminal records, we each have US college degrees so no English language worries. We have been married for 37 years.

What I am trying to determine is the best time and place to apply for the spouse visa, if we even have a choice in the matter. Our plan is that I would travel to Scotland and establish a residence for us. At this point, our hope is that my wife could either a) start the application process from the US and join me when the spouse visa is approved, or b) she could come with me and apply from the UK.

We like "b" better, but the government guidance seems to say that one cannot apply for a spouse visa if she is here on a visitor visa of six months or less. Six months is, as I understand it, the typical time granted to an American who just shows up as a visitor or tourist.

Does anyone here have insight on this, or perhaps even a similar recent personal experience?

[CR001]

She cannot apply to switch to a spouse visa within the UK if she is here as a visitor. The rules don't allow this. So your option b won't work.

She must apply for the spouse visa from her home country and wait for approval.

[seagul]

, we each have US college degrees so no English language worries.

It won't be needed since the applicant is American national

https://www.gov.uk/uk-family-visa/knowledge-of-english

[orojim]

She cannot apply to switch to a spouse visa within the UK if she is here as a visitor. The rules don't allow this. So your option b won't work.

She must apply for the spouse visa from her home country and wait for approval.

I was afraid of that. We can live with option a. Thanks very much for the info.

[orojim]

, we each have US college degrees so no English language worries.

It won't be needed since the applicant is American national

https://www.gov.uk/uk-family-visa/knowledge-of-english

Good to know. Thank you.