I'm trying to find out what our options are.
Background: I'm from UK, hubby from USA. We married in US in April 2012 and hubby came over to UK in June 2012. We've been here since only leaving for a short trip to our orphanage in Ghana and visit to uncle in Lanzarote. We've not been back to the states at all in nearly 2 years. Bth work full time and have done consistently.
Last year we started applying for my spouse visa to move back to the states. We hired a lawyer (big mistake!) and have since had a number of issues with them. A a result my visa application won't even be looked at until sept 2014. Hubby's visa runs out in August 2014.
I am also pregnant and due in August. We are worried hubby will have to leave when I'm due to give birth.
We were looking at the possibility of him applying for ILR so he can stay and then moving later once my visa comes through and baby born. The issue we have is that it's so expensive and we don't have the funds right now and we're going to have to save money to pay for baby things but at the same time, we don't want to be apart, especially now I'm pregnant.
I want to find out if we have any other options. Is it possible to just extend his current spouse visa so he can continue living and working here temporarily until my visa comes through or do we have to apply for ILR?
Any advice would be much appreciated.
You don't have to go for ILR and can just extend it, but since the difference in fees is £473, can you just save a bit more, borrow, beg etc and go for ILR? This will give your husband option to return to UK within 2 years of leaving for US. Simple extension means when it expires, he will have to leave UK and if he ever wants to return, he will be under the new rule of financial requirement, in which only your income - yes, with a young child and all - will count, and it will take 5 years to attain ILR.
Thanks Joppa. That's really helpful. We'll have to do what we can to get the money together.
Am I right in thinking we have to apply from May (he arrived here June 2012)?
Yes, from 28 days before his second anniversary of UK arrival.
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