# Spousal visa - British passport holder does not reside in UK



## Almoody (Jan 29, 2013)

Hi there, 

My husband and I are currently in Australia and are wanting to relocate to the UK for an indefinite period. We are wanting to relocate sometime in 2014, after a working holiday in Canada. 

My husband has a British passport and I was wondering if we are able to apply for a spousal visa for myself if he at the time of applying for the visa does not reside in the uk? We have savings (and could prove that savings over a time period if required) that would prove we could support ourselves before gaining employment. 

If we couldnt get the visa because my husband doesnt reside there, is there another visa we could pursue? I have already had a uk working holiday visa so wouldn't be able to get that. What about Irish working holiday visa??

Any advice regarding the spousal and/or Irish working holiday visa would be greatly appreciated!

Cheers


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## nyclon (Apr 3, 2011)

Almoody said:


> Hi there,
> 
> My husband and I are currently in Australia and are wanting to relocate to the UK for an indefinite period. We are wanting to relocate sometime in 2014, after a working holiday in Canada.
> 
> ...


If your husband has been working in Canada for 6 months or more earning £18,600/year or more AND he has a guaranteed job offer in the UK starting within 3 months of arriving and also earning a£18,600/year or more, you can apply for a spouse visa. If he can't satisfy both of those conditions then you will need savings of £62,500 which has been sitting untouched in a readily accessible account for 6 months or more.


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## Joppa (Sep 7, 2009)

As for your husband not living in UK, the rules are you either have to travel back to UK together or he goes ahead of you. What you cannot do is for you to arrive first, regardless of whether he will join you later or not. Settlement visa is for a couple to live, and eventually settle, together in UK.


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## Almoody (Jan 29, 2013)

Hi guys,

Thanks very much for your advice. It's very much appreciated


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## pjdon2 (May 6, 2013)

Hi Guys,

I've seen your post here and relate to it quite closely! I'm a British passport holder (ancestry) as of today, living in Australia and have and job in the UK with my company. Right now I'm trying to fill out my wife's Visa application (Australian citizen) and can't figure out which Appendix to include with the VAF4A online form.

_Appendix 1:
The adult dependent relative of a person who is present and settled in the UK; or
The adult dependent relative of a person with limited leave to enter or remain in the UK as refugee or beneficiary of humanitarian protection.

Appendix 2:
The spouse or civil partner of someone settled in the UK; or
The child of someone settled‚ or going to settle‚ in the UK; or
The adopted child of someone settled‚ or going to settle‚ in the UK; or
The fianc+® (e) or proposed civil partner of someone settled in the UK; or
The unmarried or same sex partner of someone settled in the UK; or
The Post Flight family member (spouse or civil partner‚ unmarried or same-sex partner) of someone with limited leave to enter or remain in the UK as a refugee or beneficiary of humanitarian protection; or
The Post Flight child of someone with limited leave to enter or remain in the UK as a refugee or beneficiary of humanitarian protection.
_

What worries me is the following text is written on each Appendix form after the requirements:
IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

I think we should be able to migrate together to the UK but these appendices would suggest that I need to be living there first?

I'm very grateful for any help anyone can provide. Thanks.


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## Joppa (Sep 7, 2009)

Appendix 2.
As a British citizen with the right of abode, you are considered settled the moment you arrive in UK.


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## pjdon2 (May 6, 2013)

Thanks so much much for your time and the answer Joppa. In my situation I have not ever visited the UK, so would I be settled? 

sidebar: I assume this means that I should fill out "NA" on all questions in my wife's visa application where she is asked for her husband's address in the UK?

Thanks again!


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## Joppa (Sep 7, 2009)

If you choose the option that you as UK sponsor are living outside UK, your wife shouldn't have to answer questions on your current UK address.


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## Ley (Feb 18, 2013)

Joppa said:


> As for your husband not living in UK, the rules are you either have to travel back to UK together or he goes ahead of you. What you cannot do is for you to arrive first, regardless of whether he will join you later or not. Settlement visa is for a couple to live, and eventually settle, together in UK.


I recently applied for my spouse visa , n it was approved in Feb 2013. We live in Spain . My husband is self employed in Spain and we did not have to provide information on a job for him for UK. What we did say on our application form, his nature of work can be done on email,Skype and he travels a lot for his work. Also provided financial documents with our savings n his earnings in Spain. We have been married for 16 years. I do travel to UK a lot on my own or with the children. We haven't moved yet as we are waiting for the children to finish school etc.... I have been back to UK to get things sorted before our move to UK. I travelled on my own and have been back few times since getting my spouse visa. I did have a letter from my husband to say he is is Spain with the children as I am trying to sort work, a home etc . UKBA did not question me why I was travelling on my own. My spouse visa on my passport was stamped .  just wanted to share our experience . We are hoping to settle in UK very soon and make it our home.


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## Joppa (Sep 7, 2009)

Your circumstances are probably different from the OP's, so may not be strictly comparable. It's mainly to do with Spain being in EU and your husband exercising treaty rights there.
You could have applied for EEA family permit rather than spouse visa.


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## Ley (Feb 18, 2013)

Joppa said:


> Your circumstances are probably different from the OP's, so may not be strictly comparable. It's mainly to do with Spain being in EU and your husband exercising treaty rights there.
> You could have applied for EEA family permit rather than spouse visa.


You are right . I was not not aware of the EEA permit till I discovered your forum. I must thank you all for doing a fantastic job .i have gained so much information and still learning . We are looking at Switching to EEAfamily permit but not sure if we should . What advice would you suggest ?


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## MrsKytro (Apr 28, 2014)

pjdon2 said:


> In my situation I have not ever visited the UK, so would I be settled?


Hello! I'm also an Aussie with a UK passport by ancestry, and my husband and I want to move to England together, and we'll try to apply for the VAF4A online form. It seems the 'settled' wording has been clarified, but as I have never worked in the UK I don't have a National Insurance number. When I called, I was told I can't apply for one until I arrive - but the appendix 2 requests my NI!

I just wanted to see if you had any issues with your application for this reason? Being an older post I assume it's all gone through now...
Cheers!


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