I am an American married to my husband that has dual citizenship, American and British. We met here in America and live here. He now plans to go to university in England. He is updating his passport to show he is a British citizen.
I am applying for a spousal visa intending to return after his school is done (I would like to work, so I can not just get a visitor's visa). We meet all the requirements including the financial between his stipend and our cash savings that we have had for the necessary amount of time. Accommodations will be set prior to my application.
I have an 8yo daughter from a previous marriage. We have joint custody and he is very active in her life. Because of how the school year is structured in England, we feel that visitation would be easier if she was with me in England for 2 years. He is fully on board with this but yet is uncomfortable giving me sole custody and responsibility (any involved parent would). Our divorce papers say that if either of us move over 100 miles, I will obtain physical custody; although, I don't think this will qualify for "sole responsibility." We're thinking about changing it to sole custody and responsibility but having our own personal document outside of the prepared and updated custody agreement that says the custody agreement will be updated when she returns. I don't know how well this will work.
My other idea is to get her there using a Tier 4 (child) student visa. She currently goes to an independent/private school here and we were looking at independent schools there. Some that we were looking at are qualified to sponsor for this visa. We still meet financial/maintenance requirements as needed. She would be living with me and her step dad, so that should take care of accommodations. She would merely need permission to be here from both parents for school versus having an updated custody agreement proving sole responsibility. This is also a lot cheaper as well and would probably be more in line with what we're looking for as she has no intention to settle. Would this work? Would this be a better route? Should I get my spousal visa first then apply for this visa for her? There is very little on the web about this. Any insight would help.
