Spouse Visa - Present and Settled?!

[nohinsara]

I've run a quick search on this topic and come up with nothing. Please forgive me if this has been asked before.

I am dual national British/Canadian. Husband is Canadian.
From what I gather for the spousal visa there needs to be two major things in place - Money to go over with and accommodations to stay in that aren't "overcrowded".

My husband and I would be going over together. According to the quote below, I must be "present and settled":

How do I qualify to join my husband, wife or civil partner in the UK?
You must show that:
• you are legally married to each other or are in a civil partnership recognized in the UK
• your husband, wife or civil partner is present and settled in the UK (see below)
• you both intend to live together permanently as husband and wife or as civil partners
• you have met each other before
• together you can support yourselves and any Dependants without any help from public funds
• you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your Dependants can live without any help from public funds
• your husband, wife or civil partner is not under 18, and
• you are not under 18.

What does "present and settled" mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. "Present and settled" means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

Is it just me or are the bold parts a bit of a contradiction? One part seems to say we must have secured accommodation, and the other seems to say it's possible for us to come over together. Well if we came over together, how would we have secure accommodation before hand (which is "lived in only by us")?

This haunts me. I don't know how to get around it. Does anyone know a way to get around this rule? It's just not an option for me to go first, we have a baby that needs me.

[nohinsara]

OK I've sort of answered my own question here, but I thought I would post it for the benefit of anyone else that's wondering the same thing.
I don't know if I really believe the answer I got though.

I've called ABTRAN and asked how we could be present and settled if we are going together. I was told that I should put the address of any family or friends we might stay with in the UK. We don't have any family or friends there. I was then asked what we planned to do for our accommodations on arrival. I said we planned to stay in an inexpensive hotel until a flat could be secured. She said that that is what I could put on the application, in the form of a covering letter, complete with details of the booking etc.

I asked if my husband would be rejected if we did put the address of a hotel rather than a proper home address, and was told that I wouldn't be.
So I guess, really... according to that it's just a matter of coming up with the cash.

[nohinsara]

Still more information as I just don't trust ABTRAN. This is my email to UKvisas and the response I got from them. I hope it helps someone out there that has the same questions I did.

We are preparing to apply for the spousal visa for my husband (he's Canadian, I'm British, we live in Canada). I understand I have to fill out the VAF2 visa application form. We plan to enter the UK together, as it is impossible for me to go over first to establish a flat and be "present and settled".
I have two points to clarify:
1) Must we have savings in place before we go if we intend to work right away on entering the UK? Will we be rejected if we fail to show evidence of savings?
2) We plan to live in an inexpensive hotel when we enter the UK as we have no family or friends to stay with. We will only stay in the hotel until we can secure a flat. Will we be rejected if we cannot show that we have a flat established to go to upon entry to the UK?
If you could clear up these points I would greatly appreciate it.
Thank you!

Their reply:

1) You should be able to show that you will be able to maintain and accommodate yourselves without recourse to public funds for at least the first month if you have employment pre-arranged or two months if not.

2) It is not a requirement to have permanent accommodation pre-arranged. The visa applicant and spouse/partner must, however, have plans for securing their own accommodation (questions about this may arise during the visa interview) and a knowledge of the cost of housing in the UK (which is high by Canadian standards) could be useful. See also what I said above.

Sent by:
Public Enquiries , UKvisas, London SW1A 2AH

[roninxxx]

Well that was good of them to reply to your correspondence - some don't bother!

Good luck!

[nohinsara]

Maybe they sensed the frustration and desperation in my email and felt a bit sorry for me - Who knows?
Thank you for the wish of good luck. We can certainly use all the luck we can get!