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About brian rogers
Expertise
I have been a United Kingdom Immigration Officer for many years and am now retired.I am willingto offer advise on all matters of United Kingdom Immigration. Who needs a visa and who does not? Where to apply for work permits. In particular I have found that many people are worried about marriage to UK citizens and the rukes connected with that I can help

Experience
Before being an Immigration Officer I was a Captain in the Merchant Marine. I feel that I have a good understanding of many cultures
 
   

You are here:  Experts > Business > International Law > UK/Scottish/Welsh Law > Spousal Visa

Topic: UK/Scottish/Welsh Law



Expert: brian rogers
Date: 6/7/2004
Subject: Spousal Visa

Question
I am a UK citizen and my new wife is a US citizen.

Since our marriage, we have only lived together on Dutch soil as temporary expats (by virtue of my job).  

We eventually plan to settle together in the UK rather than the US...in the next year or so.

May my wife go ahead and apply for the UK spousal visa from afar...i.e., while we are still residents of the Netherlands?  She would like the certainty of knowing her visa and work-permit status so that she might begin a UK job search via the internet. This will be key to deciding WHERE in the UK we actually choose to live.  

Is it possible to get her paperwork straightened out before we actually land on UK soil with the intent to stay?

Thanks,
Allan  

Answer
Hi Allan,
You can apply for the visa from the country in which you both live i.e. Netherlands.

One problem is that the visa once issued is only valid for entry up to six months later.

A further problem might be that you have to show that you have a place to live in the UK and that you can support your wife without access to Public Funds.

The place to live can be with your parents or a friend and will not be likely to be checked up on. Public Funds would
be harder to show but no doubt your job can be done in the UK.

So I think you will need to leave it until you are sure that within six months you will be in a position to travel to UK. Once admitted there is nothing to stop your wife and you leaving again. She can travel as often as she likes but after one year they will look at how much time she has spent in the UK and if she was out of the UK was it with you. If it was with you that is fine and after one year she should be granted indefinite leave to remain.

Hope that helps
All the best
Bjrian


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