US Spouse visiting UK with UK Spouse

[FXR_1340]

I am a UK Citizen born in Scotland. I hold a UK Passport. I currently live in Florida USA with my US Wife. We want to visit Scotland for up to 6 months. I understand my Green Card can potentially expire if I am outside US for more than 6 months or at least exceeding 6 months can lead to problems on Re-entry to US. We already know that, as a Visitor, my US Spouse cannot be employed.

As we are married (6 years), during our stay we will be living as a married couple.

As a UK Citizen I do not expect any questions about my Entry to UK.

The question is what is the minimum funds my wife will require to have to satisfy Passport Control on entry which will permit her to visit for up to 6 months? Is there a minimum funds required?

[Casa]

I am a UK Citizen born in Scotland. I hold a UK Passport. I currently live in Florida USA with my US Wife. We want to visit Scotland for up to 6 months. I understand my Green Card can potentially expire if I am outside US for more than 6 months or at least exceeding 6 months can lead to problems on Re-entry to US. We already know that, as a Visitor, my US Spouse cannot be employed.

As we are married (6 years), during our stay we will be living as a married couple.

As a UK Citizen I do not expect any questions about my Entry to UK.

The question is what is the minimum funds my wife will require to have to satisfy Passport Control on entry which will permit her to visit for up to 6 months? Is there a minimum funds required?

I will leave others to advise on your minimum funds query. However, although as you rightly say, you don't expect there will be any entry issue for you, it would be prudent to bear in mind that although your wife is a non-visa national, UK Border Control Officers will stamp an entry visa into her passport on arrival, which will be valid for a maximum of 6 months.

The challenge will be to convince them that your wife is a genuine visitor and doesn't intend to remain in the UK with her British husband. They may well want to see documented evidence of stronger reasons to return to the US than she has to remain in the UK. You may also be questioned on how you will be able to stay for the maximum 6 months if you have responsibilities/family ties/work commitments etc., in the US.

[FXR_1340]

I am a UK Citizen born in Scotland. I hold a UK Passport. I currently live in Florida USA with my US Wife. We want to visit Scotland for up to 6 months. I understand my Green Card can potentially expire if I am outside US for more than 6 months or at least exceeding 6 months can lead to problems on Re-entry to US. We already know that, as a Visitor, my US Spouse cannot be employed.

As we are married (6 years), during our stay we will be living as a married couple.

As a UK Citizen I do not expect any questions about my Entry to UK.

The question is what is the minimum funds my wife will require to have to satisfy Passport Control on entry which will permit her to visit for up to 6 months? Is there a minimum funds required?

I will leave others to advise on your minimum funds query. However, although as you rightly say, you don't expect there will be any entry issue for you, it would be prudent to bear in mind that although your wife is a non-visa national, UK Border Control Officers will stamp an entry visa into her passport on arrival, which will be valid for a maximum of 6 months.

The challenge will be to convince them that your wife is a genuine visitor and doesn't intend to remain in the UK with her British husband. They may well want to see documented evidence of stronger reasons to return to the US than she has to remain in the UK. You may also be questioned on how you will be able to stay for the maximum 6 months if you have responsibilities/family ties/work commitments etc., in the US.

Interesting points. We both used to live in Scotland, my wife had a Spouse Visa, however we left before First Renewal was required. You are correct about the potential need for convincing there are ties back in US greater than remaining more than 6 months in UK. The dates we have in mind is when the Lease on our Rental Property is at an end, we will have no work committments in US as we will both be resigning any work we may have to visit UK. As for family, my wife has a daughter who lives in the city in which we currently reside. The daughter is due to give birth early next year. My wifes 4th grandchild (2 in New Jersey). In addition, my wifes mother lives 20 minutes from us here in Florida. To think I was just concerned about minimum financials.

Thank you Casa for your response.

[Casa]

You're welcome.Just be prepared for your wife's expired Spouse visa to come up, as information on her UK immigration history will be held on the UKVI system and may well give rise to more questions regarding her previous intention to settle.

If you want to have peace of mind that she can enter the UK without any issues at Border Control, you may want to consider applying for a visitor visa before you travel.

Regarding having sufficient funds for a 6 month visit, this will depend on where you intend to stay while you're in the UK.
e.g Hotel, Air B&B, with friends or family.....?

[blondesafari]

Also, remember to take out travel insurance for your wife. She will be charged at 150% if she uses the NHS. She won’t be entitled to use it for free.

[Frontier Mole]

I would seriously consider applying for a visit visa for your wife given the circumstances you have set out. I appreciate it is hassle but it is far better than trying to explain to a Border Force Officer on arrival that you intend to stay for 6 months and will return to the USA. It is just not seen as a credible story. There is also a particular bias against US citizens coming to the U.K. with this kind of story and many have been refused entry and returned. So while your circumstances may well be honourable and honest unfortunately those before you have not been and that will colour the decision at the border.

The previous holding of a spouse visa will stand against entry as there has been a clear intention to settle in the U.K. in the past. That plus you are in effect homeless and unemployed in the US when you arrive in the U.K. are major issues.

Money in the bank - you could have a £1 million and it would not sway the border officials… it is all about credibility, balance of probability, previous immigration history.

[secret.simon]

As the spouse is a US citizen, presumably they can use the E-gates with their US passport rather than interact with an immigration officer, if the airport that they fly to has E-Gates.

[Casa]

As the spouse is a US citizen, presumably they can use the E-gates with their US passport rather than interact with an immigration officer, if the airport that they fly to has E-Gates.

@Frontier Mole may be able to advise further on this, but I believe the previous (expired) spouse visa may flag-up on the Border Force Officer's system when the passport is scanned through the E-gates.

[Ticktack]

I personally don't see any problems with re-entry into the UK. Technically, every visitor to the UK is allowed to spend a maximum of 6 months per stay.
As previously mentioned, she might even be using E-gates, and have no need to talk with anyone.

She left here when she had a valid spouse visa and hasn't come back since (that's no crime). She's free to return as a visitor if she chooses.

If you have to meet with an immigration officer, a simple reason of wanting to spend time with family in the UK ends all the speculation.

It's not that deep.

No minimum funds required, just have enough to last you whilst you're here. You (Brit)could even take up temporary work whilst here. Just have your return ticket in hand at the POE.

[Frontier Mole]

It all depends on the parameters set on the E-gates approval protocols. Previous entry took place under a now expired settlement visa that could trigger a redirect to a Border Force Officer. Impossible to give an absolute answer. The U.K. does not routinely gather departure data so it could cause a false negative where the system believes you are attempting to return on an expired visa without the historic knowledge you left the U.K. however many months / years ago.

Alternatively it could let you sail straight through

[Ticktack]

That's absolutely correct. same way getting a visa issued doesn't negate that part as well. A visa allows you to board a plane and request for entry at the other end. It's no guarantee that you get let in.

So why would one need a visa, when you technically already have what a visa allows you to do.

If roles was reversed, and a Brit needed a visa for the US, it would be understandable because a visa allows a Brit to spend 6 months in the US. Whilst the ESTA only allows 3 months.

If a Brit needed 3 months or less and ESTA wasn't denied. Then why would one need a visa? Knowing the Americans, they could deny the visa just for the heck of it.

[FXR_1340]

Thank you all for your comments.

The Complexity of the UK/Foreigner Prism appears to know no end!

It was, at least in part, for such reasons we decided to leave UK!

With all the Possible Scenarios of my wife being refused entry at the POE reinforces to me the shocking mindset of the UK Govt, Present and Previous. We are reconsidering whether we want to visit UK now. We are honest people yet the default position seems to be we are dishonest and will take advantage of all that Uk has to offer!

For further background, my wife and I married in Scotland. As she came on a Fiance Visa (?) and not a Marriage Visa she had to leave the country after the ceremony. Which she did, a number of weeks before her visa required here to do so.

All the points made are undoubtedly, very valid. Is it worth the risk to visit UK given she MAY be refused entry? Probably not.

The recent UK Govts need to get a grip!

[Frontier Mole]

Apply for a visit visa in the US and that takes all the guess work out of it.

[FXR_1340]

Apply for a visit visa in the US and that takes all the guess work out of it.

Thank you.

Should us 2 Old Folks (we are both 60+) decide to proceed with our visit, we shall do exactly that. As a matter of interest, how long does it take to get a Visitor Visa?

Thank you for taking the time. Appreciated

[Casa]

Apply for a visit visa in the US and that takes all the guess work out of it.

Thank you.

Should us 2 Old Folks (we are both 60+) decide to proceed with our visit, we shall do exactly that. As a matter of interest, how long does it take to get a Visitor Visa?

Thank you for taking the time. Appreciated

You aren't able to submit a visitor visa more than 3 months prior to your intended date of travel. At present, the official guidance on the processing time for applications submitted in the US is generally 3 weeks.

[FXR_1340]

Apply for a visit visa in the US and that takes all the guess work out of it.

Thank you.

Should us 2 Old Folks (we are both 60+) decide to proceed with our visit, we shall do exactly that. As a matter of interest, how long does it take to get a Visitor Visa?

Thank you for taking the time. Appreciated

You aren't able to submit a visitor visa more than 3 months prior to your intended date of travel. At present, the official guidance on the processing time for applications submitted in the US is generally 3 weeks.

Thanks for the Heads-Up

We are still considering if the trip (and the resultant cost) is worth doing.

I truely appreciate your guidance.