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can we apply for a spouse visa from a third country

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jlj
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can we apply for a spouse visa from a third country

Post by jlj » Mon Sep 19, 2011 11:10 pm

My wife is currently on a tier 2 work permit in the UK. She has resigned her job and will be leaving for US to do an externship for 3 months.
I too am on a tier 2 visa which will be eligible for IDL in december.
Can we apply for her to join me on my visa while she is in the US?
we are both from Malaysia.
Alternatively can she return to the UK on a visitor visa and apply while back in London?
She has lived in the UK the last couple of years, will she still need to prove competency in english?
Is it worth engaging an immigration agent to do this?
Any advice would be appreciated.
Thanks

batleykhan
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Post by batleykhan » Tue Sep 20, 2011 8:01 am

Applications for all other types of entry clearance, including PBS* and settlement (*see tier 5 exception below) should be made in the applicant's country of residence. 'Country of residence' is not necessarily their country of origin and refers to wherever the applicant has permission to reside, for example, for work or study purposes. Many countries will issue overseas nationals with residency cards in these cases. An applicant who has permission to stay in a country as a visitor for 6 months, for example, is not a resident.

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Casa
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Post by Casa » Tue Sep 20, 2011 9:19 am

She will still need to comply with the English pre-entry test requirement.

geriatrix
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Re: can we apply for a spouse visa from a third country

Post by geriatrix » Tue Sep 20, 2011 10:17 am

jlj wrote:Alternatively can she return to the UK on a visitor visa and apply while back in London?
No.
Life isn't fair, but you can be!

jlj
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Joined: Mon Sep 19, 2011 10:58 pm

Post by jlj » Tue Sep 20, 2011 2:37 pm

Still need an English pre-entry test even after working for an English company for 2 years? That's annoying.
Her stay in the US is not on a special visa, as its an short term externship, the Uni says she is fine on a visitor visa.
Sounds like this is now going to make an application from there a no go.
I think I might have to bite the bullet and get in touch with an immigration specialist on this.
Thanks for the feedback.

batleykhan
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Post by batleykhan » Tue Sep 20, 2011 5:56 pm

jlj wrote:Still need an English pre-entry test even after working for an English company for 2 years? That's annoying.
Her stay in the US is not on a special visa, as its an short term externship, the Uni says she is fine on a visitor visa.
Sounds like this is now going to make an application from there a no go.
I think I might have to bite the bullet and get in touch with an immigration specialist on this.
Thanks for the feedback.
You are welcome to seek specialist advice from other sources,however have you noticed that three seperate Mods have answered your questions :wink:

jlj
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Posts: 20
Joined: Mon Sep 19, 2011 10:58 pm

Post by jlj » Wed Sep 28, 2011 3:21 pm

Ok. thanks guys. Going to opt for the dependant visa instead.

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