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Discussion Starter #1
Hey all,

Here's my situation. My wife is a British National we've been married for 6 years, we have a two year old that is dual citizenship. I'm from the USA. My wife moved over to the UK to seek employed back in January 2015, now she is in her second month of employment. Since we have been apart for over five months I tried to visit them in UK last week, but was denied entrance because my visit was too long (5.5 months) I did have a return ticket. I work in the USA, and can work remotely from anywhere. My hope was to assist in caring for our child and working from home while I visited as a tourist, and apply for spouse visa while there, after 6 months of employment for my spouse have lapsed.

Can my U.S. income contribute to the financial eligibility restrictions for spouse visa? or do I have to wait until my wife has worked 6 months to apply?

Since I was denied entry, how can I go about visiting them, or is my best option to wait it out and get the spouse visa?

What are the processing time for spouse visa? Is there any other visa I could apply for to meet my immediate need of reuniting with the family.
 

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Several issues which led to your refusal of entry:

You cannot work while in the UK as a visitor
Your stay of 5.5 months would lead to a suspicion of working illegally in the UK
You cannot apply for a spouse visa while in the UK

Since you have already been refused entry to the UK, do no apply again or try to enter the UK until such time as your wife has worked the full 6 months at which time you can apply for the visa.

The visa should take about 2 to three months.

No, there is no other visa applicable to you.
 

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If you want to visit your wife and child, you will have to meet them in a neutral third country like France or the Republic of Ireland.

One word of warning if you do choose to go to the Republic of Ireland... please don't think that you can try to sneak into the UK undetected by the Home Office - you can't.

While there is no border check upon leaving the Republic of Ireland and entering directly into the UK, the Home Office has now implemented a policy of exit checks whereby all passengers departing the UK, including for passengers travelling within the Common Travel Area, are screened prior to departure. The Home Office will receive information that you are trying to leave the UK whilst not having any record of your arrival. This will seriously jeopardise your spouse visa application, especially given that you have a recent entry refusal (which you must declare on your visa application)... consequences could include being banned from entry into the UK for up to 10 years, which would result in an automatic refusal of your visa application(s) for the duration of your banishment.
 

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Yeah would have been better to put in that you were going to visit for 2 months. As Crawford said I think reapplying may be met with another refusal unfortunately.
Good thing with the States is that there's priority visa processing so once the 6 months has elapse you can apply and have your settlement visa in 2-4 weeks.
 

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Discussion Starter #5
Do you think it's worth applying for another visitor visa, and trying to make my case that I will make a shorter trip to the UK and will return to the USA in order to apply for the spouse settlement visa.

Yes, retrospectively I think the biggest issue here was the length of stay that I intended to be in the UK for 5.5 months. In the whole detainment process I never denied that I want to settle in the UK when my wife has worked the 6 months and all i'm trying to do is visit my family. I provided evidence that I can support myself my working remotely from the UK.

At this point my wife is in a new job that she needs to keep for the said 6+ months, so her coming to visit me or even us meeting elsewhere is difficult to do, she has not accrued enough holiday leave.
 

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Now don't take my word for it but I think I saw one of the mods suggest a possible option to someone in a slightly similar situation, they were told to apply for a visa the way most other countries do i.e. not just turn up in the UK to get a visa through port entry clearance but actually send an application.
Not sure if this would help or not but I totally understand how frustrating it is to be apart from your partner so I thought it might be worth a shot to mention it. Been apart from my husband for 8 months now. He's visited thrice but it's so not enough.

Hopefully a mod can come and give a suggestion of their own for a way forward.
 

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You cannot switch from a visit visa to a spouse visa, so even if your wife met all the requirements, you would have had to return to the states.

If I were you, I would meet in France - she can take the eurostar to Paris (which might be easier for little one than flying to Ireland or another country) and be there in no time.

She could leave on Friday and return on Sunday, so no time missed from work at all. Or add a few days to this if she has accrued any leave from work.
 

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You can't work, even remotely for a US company, while on a tourist visa in the UK. If you mentioned that while at passport control, that would be a problem.

Perhaps you could apply for a two week visit visa ahead of time? This may allow you to see your family, but you would need to be on vacation... leaving you work laptop at home. <- hoping others will jump in here to advise if this is a viable idea.
 

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Yes, retrospectively I think the biggest issue here was the length of stay that I intended to be in the UK for 5.5 months. In the whole detainment process I never denied that I want to settle in the UK when my wife has worked the 6 months and all i'm trying to do is visit my family. I provided evidence that I can support myself my working remotely from the UK.
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....... but providing evidence that you intended to work was totally against the premise of the US citizen being able to visit the UK without a visa. Together with the 5 month duration - hence your refusal.

If you don't apply for a visitor visa then you won't know if you can get one. Apply for a short duration, with no mention of work
 
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