[kelvingrove]

I have some specific questions about completing the UK spouse visa form and am hoping someone might be able to assist. I am a dual UK\US citizen and my wife is a US citizen. We plan to move to the UK.

1) Is the VAF4A the correct form to complete for our situation (wife of UK citizen moving to the UK)?

2) We will be travelling together to the UK so I'm a little confused about the Appendices. Appendix 2 states "The spouse or civil partner of someone settled in the UK", which seems like the obvious choice however we are travelling to the UK together so I am not "settled" there. Would someone be able to clarify the correct appendix response I should select?

3) Will the application be rejected without a travel date? I'm concerned about buying tickets before the visa has been issued or waiting until the visa has been issued and it is too expensive to travel. Or can I put just a month and year?

Thanks in advance!

 

[AmyD]

How long have you been out of the UK?

 

[kelvingrove]

Hi AmyD

I have been living in the US for over 10 years but grew up in the UK.

 

[AmyD]

Yes, that is the correct form, and yes, use Appendix 2.

However, for my own curiosity, I hope someone else might weigh in on the fact that you're not "settled" in the UK. It was my impression that even if you're a citizen, you can't sponsor someone unless you're settled. But I could be wrong about that so don't panic.

 

[kelvingrove]

Thanks for confirming the form and appendix.

I'm assuming I'm not the first person wanting to travel back to the UK with a spouse and can't imagine we would have to be separated until I became "settled". If anyone else can confirm I would appreciate it.

 

[mehemlynn]

2. If the British partner is settling with the non-British partner, then they count as settled, since they have the "no immigration restrictions" and the British partner is going to become "normal resident in the United Kingdom" at the same time as the non-British partner (and would then be settled). This is what my husband and I needed to select.

Settled status (from the UKBA website)
You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom.

3. You need a travel date, because the visa can't be processed without one (you can only apply up to 3 months before you intend to travel). Do not buy plane tickets, print up an itinerary or two that show what you would like to do when the visa is granted. The thing about the travel date is some agents use it as the start date to your visa, so don't make it after when you might travel (others use the date they do the paperwork).

The challenge for most people is the financial requirements, particularly for couples moving together. Don't forget it is only the UK Spouse's income that counts toward the requirements.

Good luck, come back if you have other questions.

M

 

[AmyD]

He is not "normally resident" in the UK. That's my point. I suspect that he might not be able to sponsor her. Again: I could be wrong, but that's what I'm thinking now.

Edited: Let me clarify. He may be able to sponsor her after getting a job for six months. But since he's been a resident of the US, I'm thinking (again, not positive) that he does not qualify as "settled" and therefore, can't sponsor someone.

Maybe Joppa or someone else will give a more definitive answer.

 

[mehemlynn]

Since my spouse visa was a "moving together" one, I can say that it is possible to move together. The challenge is the financial requirement, which still must be met, but there are slight differences. For example the British spouse must have earned the financial requirement AND have a confirmed job offer starting within 3 months of the travel date. For many couples that isn't possible, so the British spouse moves and makes the income for 6 months before applying.

 

[AmyD]

Ah, okay then. That makes sense. Thanks for clearing that up!

 

[kelvingrove]

2. If the British partner is settling with the non-British partner, then they count as settled, since they have the "no immigration restrictions" and the British partner is going to become "normal resident in the United Kingdom" at the same time as the non-British partner (and would then be settled). This is what my husband and I needed to select.

Settled status (from the UKBA website)
You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom.

3. You need a travel date, because the visa can't be processed without one (you can only apply up to 3 months before you intend to travel). Do not buy plane tickets, print up an itinerary or two that show what you would like to do when the visa is granted. The thing about the travel date is some agents use it as the start date to your visa, so don't make it after when you might travel (others use the date they do the paperwork).

The challenge for most people is the financial requirements, particularly for couples moving together. Don't forget it is only the UK Spouse's income that counts toward the requirements.

Good luck, come back if you have other questions.

M

Thank you this is very helpful. So as long as I step of the plane first I'm considered "settled" and can then sponsor my wife .

With regard to travel date I think I just misunderstood what the travel date was for (I was thinking the visa would be valid only for that day ) but your description helps. It is more an indication to immigration when I need the visa by, correct? In that case, once the visa is issued, do you know how long it is valid for? A year? Longer?

Cheers!