spousal visa extension - application to remain with family question

[jjspicoli55]

Good Afternoon,

I have an interesting question regarding an application to remain with family in the UK as the next step from a UK spousal visa. Here’s the scenario. Husband marries a British citizen in the US. They have a child who is both a US and British citizen. Husband and wife and baby move to the UK to be closer to her family. Husband is allowed in to the UK on his original passport on a 6-month stamp. He leaves after 2 months to go back to the states to submit his application to the home office and complete his biometric requirements for a UK spousal visa. And then he waits. And waits. And waits and waits and waits and waits.

Meanwhile his wife and toddler are in the UK. She is waiting. She has secured a job and starts work in a few weeks. They meet the income requirement for him to come over. But as the months pass and still no answer from the home office she is getting more and more worried about childcare for their 2 year old. Luckily friends and family are helping but all are running out of sick days and vacation days and time off to use for childcare. Nursery is not an option as all the daycares in the area are all full.

Wife calls husband in tears almost everynight. As well as beginning a new job in London she is 1 month pregnant. Husband is trying to figure out a way to help. He reaches out to the US Dept. of State in hopes of gaining any sort of advice possible. In speaking with an advisor he is told that under the circumstances (he needs to provide childcare to his 2 year old as he is thr primary caregiver) he is eligible to apply for a second temporary passport under the authority of United States 22 CFR 51.2.b. In short, he gets the passport, flies over to London and takes care of his kid.

A month later the home office contacts him with a decision. He gets his spousal visa and life carries on.

And now he is here. Wondering if anyone knows or has heard about a similar circumstance regarding entering the UK on a second passport while awaiting a decision for a visa while the home office processes an original passport. Also wondering if anyone knows or has any advice on how to present this issue on the application for renewel/extension family route visa. Thanks for taking the time to read this.

[CR001]

Unclear what the question actually is. Many people have 2 passports for various reasons.

Presumably the husband returned to the US to collect his approved visa and returned to the UK on his spouse visa to activate it.

[jjspicoli55]

HI CR, thank you for responding and apologies for the lack of clarity. The question is this:

Husband entered the UK on a second passport after waiting for UK home office decision regarding spousal visa because of the circumstances regarding his 2 year old and the need for him to provide full-time childcare as he is the primary caregiver to his child.

He did not leave the UK to return to the US to collect his visa upon decision by the Home office. It was mailed to him in the UK by a family member. He then was able to collect his biometric residency card at the local post office.

The question is, now that he needs to apply for his visa extension to remain with family in the UK, how will his coming to the UK (albeit legally) prior to the issuance of his spousal visa be perceived by the Home office in consideration for his family visa approval?

[seagul]

Your first post is highly unclear and only meaning can be assumed that in US there is another type of passport available in order to be able to travel to UK for childcare without getting visa like a temporary alternative to visa.

[Casa]

HI CR, thank you for responding and apologies for the lack of clarity. The question is this:

Husband entered the UK on a second passport after waiting for UK home office decision regarding spousal visa because of the circumstances regarding his 2 year old and the need for him to provide full-time childcare as he is the primary caregiver to his child.

He did not leave the UK to return to the US to collect his visa upon decision by the Home office. It was mailed to him in the UK by a family member. He then was able to collect his biometric residency card at the local post office.

The question is, now that he needs to apply for his visa extension to remain with family in the UK, how will his coming to the UK (albeit legally) prior to the issuance of his spousal visa be perceived by the Home office in consideration for his family visa approval?

Assuming 'he' entered the UK as a non-visa national, the entry stamp generally activates the Spouse visa BRP. In this case this step will have been missed and may raise questions when applying for FLR(M).

What passport did he enter with?

[CR001]

HI CR, thank you for responding and apologies for the lack of clarity. The question is this:

Husband entered the UK on a second passport after waiting for UK home office decision regarding spousal visa because of the circumstances regarding his 2 year old and the need for him to provide full-time childcare as he is the primary caregiver to his child.

He did not leave the UK to return to the US to collect his visa upon decision by the Home office. It was mailed to him in the UK by a family member. He then was able to collect his biometric residency card at the local post office.

The question is, now that he needs to apply for his visa extension to remain with family in the UK, how will his coming to the UK (albeit legally) prior to the issuance of his spousal visa be perceived by the Home office in consideration for his family visa approval?

Assuming 'he' entered the UK as a non-visa national, the entry stamp generally activates the Spouse visa BRP. In this case this step will have been missed and may raise questions when applying for FLR(M).

What passport did he enter with?

OP entered on second passport as a visitor. Passport with spouse visa posted to the UK.

[jjspicoli55]

Good Afternoon, thank you for the replies. And yes, OP did enter the UK on his second passport, issued to him by the US state dept under 22 CFR for reasons of extenuating circumstances involving the need for him to return to the UK to care for his child as his wife, a British citizen was starting a new full time job in London.

He did not enter on his original passport with an issued UK visa stamp as is the prescribed route. He entered on the second passport as mentioned above. Three weeks after he was back in the UK His UK spousal visa was granted to him and posted by a family member back to him in the UK.

Any advice on how to present this to the home office when he applies for his family route visa extension?

[CR001]

Unsure how he managed to collect his BRP card from the Post Office as he would have been required to show the entry stamp on his spouse visa for this as far as I am aware.

His date of entry on his spouse visa, which is what his 5 years residency counts from, could potentially be an issue as he has never 'entered' on this visa.