# Visiting the UK whilst waiting to be eligible to apply for Spouse visa



## Twoshoes (Sep 23, 2012)

My fiance (he is from the USA) and I are currently living and working abroad but we are hoping to move to the UK soon by either applying for the fiance visa or the spouse visa (depending on when we get married). We have savings but not enough to meet the financial requirement. As a British citizen, I have been applying for jobs back in the UK, but I'm finding it really difficult to get an interview when i live overseas. 

Therefore, we are starting to think that we may have to do "option A"- where I return to the UK, get a job and we apply for the visa after I have been working for 6 months. We really don't want to spend that time apart but we are worried there are no other options, so i have a few questions about the 6 month period:

- Can my partner visit me on a tourist visa whilst i am working in the UK? We won't have applied for the spouse visa at this stage). 
- Will border agency officials allow my partner to visit me during the 6 month period in the UK if we are already married?

If anyone can shed any light on this, I would be really grateful!


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## Joppa (Sep 7, 2009)

Twoshoes said:


> My fiance (he is from the USA) and I are currently living and working abroad but we are hoping to move to the UK soon by either applying for the fiance visa or the spouse visa (depending on when we get married). We have savings but not enough to meet the financial requirement. As a British citizen, I have been applying for jobs back in the UK, but I'm finding it really difficult to get an interview when i live overseas.
> 
> Therefore, we are starting to think that we may have to do "option A"- where I return to the UK, get a job and we apply for the visa after I have been working for 6 months. We really don't want to spend that time apart but we are worried there are no other options, so i have a few questions about the 6 month period:
> 
> ...


The answer to both questions is yes, but with conditions.
There is nothing to stop your partner from visiting you in UK, and as an American he doesn't need a visit visa. But you need to make sure he meets all the conditions for a visit, and is able to convince the border official that he can be admitted as a visitor. Bearing in mind your deep, committed relationship (engaged or married), they need to be assured that he won't try to overstay or get a job illegally. So carry evidence of adequate funds (either his or with support from you or your family, such as free accommodation), that he has strong ties in US, and that he will leave UK when he says he will. That can be a letter from his employer with the expected date of return to work. It's very important that he states clearly his intention to apply for a settlement visa in US. Also it's prudent not to ask for a long stay, so weeks rather than months (but once he gets a six-month stamp in his passport, he can re-book his flight for a later date if desired).


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## Twoshoes (Sep 23, 2012)

Joppa said:


> The answer to both questions is yes, but with conditions.
> There is nothing to stop your partner from visiting you in UK, and as an American he doesn't need a visit visa. But you need to make sure he meets all the conditions for a visit, and is able to convince the border official that he can be admitted as a visitor. Bearing in mind your deep, committed relationship (engaged or married), they need to be assured that he won't try to overstay or get a job illegally. So carry evidence of adequate funds (either his or with support from you or your family, such as free accommodation), that he has strong ties in US, and that he will leave UK when he says he will. That can be a letter from his employer with the expected date of return to work. It's very important that he states clearly his intention to apply for a settlement visa in US. Also it's prudent not to ask for a long stay, so weeks rather than months (but once he gets a six-month stamp in his passport, he can re-book his flight for a later date if desired).


Thanks for this,it's very useful advice!


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## Twoshoes (Sep 23, 2012)

As being apart for 6 months is really our last option. Would we be eligible to apply for a spouse visa under category B?

_Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for less than the last 6 months, the applicant can count the gross annual salary at the date of application towards the financial requirement. _

I (the sponsor) have a good job abroad and earn over the threshold. My plan would be to leave ahead of my partner (the applicant) and go to the UK and find a job as quickly as possible. I guess my question is, does the gross annual salary mentioned above have to be from employment in the UK or could it be from overseas? And therefore, would we be eligible to apply for the spouse visa under category B?

Thanks so much for your help, i really appreciate it.


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## Joppa (Sep 7, 2009)

Twoshoes said:


> As being apart for 6 months is really our last option. Would we be eligible to apply for a spouse visa under category B?
> 
> _Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for less than the last 6 months, the applicant can count the gross annual salary at the date of application towards the financial requirement. _
> 
> I (the sponsor) have a good job abroad and earn over the threshold. My plan would be to leave ahead of my partner (the applicant) and go to the UK and find a job as quickly as possible. I guess my question is, does the gross annual salary mentioned above have to be from employment in the UK or could it be from overseas? And therefore, would we be eligible to apply for the spouse visa under category B?


The wording can be clearer, but the context clearly indicates it refers to UK employment only. So the only way your partner can apply for a visa without waiting for 6 months is if you have a firm job offer starting within 3 months of arrival AND you are travelling to UK together. Or there is nothing to stop you going to UK to job-hunt (using your holiday allowance) and find a job, then fly back and apply for your fiancé's visa, and when granted, travel to UK together. If you leave for UK ahead of your partner, get a job and start work, he has to wait at least 6 month before he can apply, or you have combined savings of £62,500 untouched for 6 months.


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