Spouse Considerations...

[hughjars99]

Hi all,
I posted a little while ago about my girlfriend being American and the possibility of coming here on visa-waiver type temporary situation several times a year. This was pretty much kyboshed by most, and rightly so too (thanks for all the advice!) but our situation has changed quite a lot over Easter.

I flew to her last week and we got married on Easter Monday. It was something that we had talked about for a while, we both knew that we were supposed to be together and we havent got married on the back of making her visa application any easier.

So now she is my wife and we are going to get cracking with her application for her Spouses Visa in the next few weeks. But I have a few questions, if anyone has information for me.

If (when?) she is granted her visa and can come here, I was wondering what her entitlements are? For a start, when she's here I don't want her to work straight away, I want her to get used to her new area, build our home, explore and make herself comfortable in this country. But what happens in this time period if she was to get ill and need a doctor? Is she entitled to our NHS as my wife or will I be stuck with a bill or something like that? I have absolutely no idea where to start looking for all this information. I have seen what we are not entitled to (JSA, Council Tax benefit....etc) so can I assume that everything else like our National Health Service is available to her?

Will my wife be issued a National Insurance number if (when?) she is granted her visa so she can work?

Any help in this would be appreciated, or any links to where I might find some answers would be great. I have to get all my bases covered and have all considerations met before we start the application process because I dont want to have to work around a worst case scenario if (when?) she arrives.

[darksquid]

Wow, congratulations! Welcome to the wonderful world of visas! You might want to prepare your wallet for what's ahead - it just got alot more expensive, I'm afraid!

First off, here is the official website for guidance on, and applications for, the spouse visa:

http://www.britainusa.com/visas/article ... 00&a=41033

Read and re-read the guidance, and make sure you submit all the documents they request! And it is a good idea to hold off on booking any plane tickets until you have the visa in hand - your wife's previous refusal may add a bit of processing time to the application.

To answer some of your questions...

She can work immediately upon arrival in the UK with a spouse visa. Trust me on this - she was settle in ALOT faster if she finds work sooner rather than later. Getting to work, interacting with colleagues, making friends, taking public transport, etc are probably the best things a new immigrant can do to make settling in alot easier.

The NHS is available to her immediately as well, whether or not she's working. She will just need to walk into your local surgery and request to be registered. They may or may not ask to see her visa and proof of address.

As you rightly say, she is not allowed to claim any benefits for herself until she has ILR, but you may continue to claim any benefits for yourself.

She can apply for a National Insurance Number as soon as she begins to search for work. Some local offices may want to see a job offer before allowing her to apply, but this is wrong - she just has to show she is looking for work. Here is the information on applying for a NIN:

http://www.dwp.gov.uk/lifeevent/benefits/ni_number.asp

Hope this helps you get started. Congratulations again!

[hughjars99]

darksquid, yet again your advice has proved invaluable. Thanks so much for your help.

I've had a look at the website about guidance for getting her spouse's visa and also looked at the application fees. You intimate that this is going to hit me hard in the wallet area, but from what I can gather, I'm only going to have to shell out $1,000 for the visa. Is this the only fee that I am likely to have to pay? Obviously there will be other costs (flight, shipping her stuff, moving into a bigger house....) but with regards to her visa, is this $1,000 the only charge I am facing?

And is there a rough guide on how long it all takes to go from application submission to receipt of the visa? A week, a month, longer....? She does have this denied entry hanging over her and there is the stamp in her passport saying as much, so perhaps that will elongate the time it takes, but as a rough guide am I looking at months if I was to submit something soon?

Wonderful world of visas? The hint of sarcasm is well and truly detected!

Again, many thanks for all your help with this.

[yankeegirl]

but with regards to her visa, is this $1,000 the only charge I am facing?

That is the only visa related cost as far as the spousal visa goes, which is valid for 2 years. After that she will need to apply for Indefinite Leave to Remain (ILR) which costs £750. Prior to applying for ILR, she will also have to take and pass the Life in the UK test.

The application process is fairly quick in the US. If she applies in person at the embassy, visas are usually approved/issued same day. If she applies by post, from this and other sites I've looked at, it seems that people are recieving their visas back within two weeks. As far as her previously being denied entry, that may lenghten the process a bit. However, there are many instances where someone has overstayed, been denied entry etc and have gone on to be successful in getting a spousal visa. Jus be sure that your application is very thourough.

Good luck and congratulations on the wedding!!!!!

[Wanderer]

darksquid, yet again your advice has proved invaluable. Thanks so much for your help.

I've had a look at the website about guidance for getting her spouse's visa and also looked at the application fees. You intimate that this is going to hit me hard in the wallet area, but from what I can gather, I'm only going to have to shell out $1,000 for the visa. Is this the only fee that I am likely to have to pay? Obviously there will be other costs (flight, shipping her stuff, moving into a bigger house....) but with regards to her visa, is this $1,000 the only charge I am facing?

And is there a rough guide on how long it all takes to go from application submission to receipt of the visa? A week, a month, longer....? She does have this denied entry hanging over her and there is the stamp in her passport saying as much, so perhaps that will elongate the time it takes, but as a rough guide am I looking at months if I was to submit something soon?

Wonderful world of visas? The hint of sarcasm is well and truly detected!

Again, many thanks for all your help with this.

There's the ILR visa fee to pay after two years, 750 quid/$1500 or 950 quid/$2000 in person.

Then if she wants citizenship there's a charge for that but i forgot what it is, prolly $500 again.

Having a foriegn partner myself I'd say some bigger costs would be flights home for her/you, that sort of thing.

[hughjars99]

Thanks to all for your help, its much appreciated.

Going forward, what are my potential problems with relocated to the States if and when we decide to move there? Will I have to go through the same rigmarole to get there that my wife is currently going through to get here?

[darksquid]

Thanks to all for your help, its much appreciated.

Going forward, what are my potential problems with relocated to the States if and when we decide to move there? Will I have to go through the same rigmarole to get there that my wife is currently going through to get here?

Rigamarole? Despite being increasingly more expensive, the British system is far from a 'rigamarole'! The British system is actually quite straighforward as far as immigration goes. If you want to see REAL rigamarole, try the US system.

In my opinion, the US process is far far more complicated, involving far far more paperwork, and far far more invasive interrogation (turn your head and cough, anyone?) Yes, you will need a medical to get a US spouse visa. And, it can take about 10 times as long.

It was because of this that we decided to make Britain our home. Neither of us wanted to go through the US system - at the time we were applying, we would have had to wait up to 16 months for a US fiance visa. I got my British fiancee visa in 6 days.

Start reading up now - you will soon learn the real definition of rigamarole!

[yankeegirl]

I agree with darksquid. It would have been much more difficult/time consuming for me to bring my hubby to the US so I came over here. That said, if/when you decide to try to relocate to the US, there are many forums on line geared specifically at US immigration; which can be notoriously confusing.

[hughjars99]

Hi all.

My circumstances have changed for the worse I'm afraid to post. My wife was attacked on her way home last night and now I want to fly to her as soon as I can get a flight. On my way over to see her for Easter and for our wedding, I was stopped at US Immigration and questioned as to my flight activity over the last 3 months. I have flown over there for short periods (no more than a week's stop over) 3 times in 3 months and this was obviously deemed suspect last time. I need to get there now to be with my wife, but how do I go about getting over there smoothly. I dont think that she, or I, could take it if I wasnt allowed into the US to be with her at this time.

Also, I want to bring her out of the US with me on my return if and when I can get over there. These are special circumstances, I dont want her to remain there on her own after this attack. How do I a) go about getting myself there for one more short term stay and b) go about getting her clearance to return to the UK with me?

Is it even possible?

[Wanderer]

Also, I want to bring her out of the US with me on my return if and when I can get over there. These are special circumstances, I dont want her to remain there on her own after this attack. How do I a) go about getting myself there for one more short term stay and b) go about getting her clearance to return to the UK with me?

Is it even possible?

Sorry to hear about ur woes but it does prove my point that the UK/US visa-waiver program does mean hassle-free and easy international relationships....

Anyway, no special circs I'm afraid, USA is not Iraq although it might seem like it lately. You need to just carry on with ur spouse visa app, get it in the post asap and make sure it's watertight. Cover all the points about her poor immigration history and counter them.

As for u going there - no idea, u might have to apply for formal US visitors visa, I dunno....

Just goes to show, in this game u need to squeaky-clean, and not take unnecessary chances, expect every move to be suspicious in the eyes of the immigration guys and u should be ok.

[hughjars99]

Hi all,

Sorry to keep readdressing this with what may seem stupid questions, but unfortunately, I have one more.

Is it advisable for me and my wife to get ourselves an immigration solicitor to handle all our visa application details, or is this an unnecessary expense? Should this be a last resort if (and hopefully it won't come to this) we are denied a Spouse visa so that our appeal can be handled from a more legal angle?

[John]

Where are you now? And where is your wife? And if your wife is in the UK, on what immigration basis?

By now you have no doubt downloaded the form VAF2 and INF4 Guidance Notes and examined the documentary requirements mentioned therein. You ask whether you need professional help. I counter that by asking ... and you having any particular problem getting the supporting documentation together? Any problem area?

[hughjars99]

I am still in the UK and my wife is in Baltimore still. We are planning to submit her application at the end of July. I've got together all my paperwork, bank statements, pay slips, phone bills, marriage certificate, employment letter etc and she's done the same. Submitting the application in July gives us 3 months to save some more money and tie up all the loose ends in both countries.

Why I suggested this immigration solicitor is because of my wife's first refused entry to the UK when coming here in February as a visitor. I am that worried at the moment that this will go against her that I was toying with the idea of gaining legal assistance before we put in her application.

Separae question, now she is in Baltimore its a 3 hour commute to New York and the embassy where she is to get her visa. If she makes an appointment do they grant (or reject) her visa that same day?

[yankeegirl]

The New York consulate deal with in-person applications same day, unless there are very unusual circumstances that need to be referred elsewhere. Your wife's previous refusal of entry would not fall under this. Just really make sure you have all the documentation with the application that is suggested. I believe there is a place on the app to explain things like entry refusals, overstays etc. Just include a brief, clear, concise explanation of why she was refused at that time. There have been many instances where an applicant has previously been refused entry, or overstayed, etc and go on to successfully obtain a spousal visa.

Oh and just to give you a heads up for when you are closer to the time of applying; the procedure for applying for an in-person appointment is different that for Chicago or LA. For NYC, you must first submit your application on-line. Once you have submitted the online application, you print it off, along with a page containing the confirmation number. You MUST save this as you can't get make the appointment without the confirmation number. You will then get a link emailed to you to set up the appointment. When booking the appt, it will ask you for the confirmation number before it makes the appointment. It varies how far in advance they open up dates. Sometimes its a week or two, other times its only a few days. I had submitted mine about 10 days prior to when I wanted to appt and was able to get it ok. Then you just bring the printout of the online app and all supporting documentation, passports etc to the appointment.

[hughjars99]

Just a few quick questions regarding this

1) Do we need to have a flight reserved (whether paid for or not) when we apply for the visa, or can we just show that we have the funds to purchase a ticket as and when the visa is granted?

2) Can she fly and return to the US whenever she likes (Christmas etc..) on this spouse visa without needing to reapply for any other kind of documentation?

3) Can she work as soon as we are granted her visa and have obtained a National Insurance number?

Any help, as ever, would be much appreciated!

[yankeegirl]

Using your numbers to answer...

1) No you don't. In fact the Consulate website recommends that you wait until you have visa in hand before making travel arrangements.

2) Yes, she can come and go pretty much as she pleases on the spousal visa. Just take care for her not to be out of the country so much that it hinders on her future ILR application.

3) Yes she can work.

[hughjars99]

Its been a while since I posted on here, but there have been some invaluable other threads that I have read on here in the last few weeks that have answered my own questions.

But one question has cropped up. I was reading through the immigration policy of me going to the States (the opposite of what my wife and I are attempting now). There is a paragraph that says:

If you’re a citizen of a foreign country, in most cases you’ll need a visa to enter the United States. A visa doesn’t permit entry to the U.S., however. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed your application, and that the officer has determined you’re eligible to enter the country for a specific purpose. Consular affairs are the responsibility of the U.S. Department of State.

A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.

My question is this. This paragraph says to me that even after a visa has been granted for eligibilty to enter the US, it is still no guarantee that entry will be given. My wife's application to come here is as thorough as we could have possibly made it; we have even waited an extra month so that we could swell our savings that little bit more. All the guidelines for applying have been adhered to and we have gotten together everything that they suggest we submit in support of our application. But after all of that, is it still possible then that once the Spouse Visa is granted she could fly into Heathrow or Gatwick, be a matter of feet from the arrivals lounge and then still not be allowed to come through to start her new life in this country with me?

The opposite Visa process (UK to the US) seems to suggest that this would be the case for me to go there - is it potentially going to be as difficult to finally get her here in a few weeks time?

[Christophe]

As far as I know, a UK visa (now) confers leave to enter: in other words, the passport control officer will not need to cross-examine the visa holder about the circumstances that led to the granting of the visa but merely be satisfied that the visa is genuine and that the person presenting the passport is indeed the legitimate holder of the passport.

That said, there is never an absolute right to enter the UK unless one has the right of abode in the UK (as, for example, British citizens do). However, if your wife is granted a spouse visa there is no reason to suppose that she would be denied entry if her circumstances haven't changed between the issuing of the visa and her arrival at the port of entry. In particular, any previous denials of entry will not affect her entry with a spouse visa.

I think that you are worrying when there is no need to. For all its faults (and its expense) the UK visa issuing policy and practice is generally pretty good and easy to negotiate, at least in comparison to that of many other countries (including the USA).

[hughjars99]

Christophe, thanks a lot for your advice. This site really has been invaluable for me and my wife in sorting our visa requirements out.

I think that this is the last question though. We have followed everything to the letter, we have fulfilled everything in the guidelines except for the issue about my passport.

I have been told that it is not recommended to send my passport out of the country if I am not accompanying it (i.e. travelling). I have taken my passport to a solicitors here in the UK, had it certified and the pages photocopied, signed and stamped and have sent these pages to my wife in support of her application. The website however, says:

"If your spouse is a British citizen by birth but does not hold a British passport then a full (long form) British birth certificate giving parents’ names will suffice. A British Visitor’s Passport is not sufficient.

If your spouse is entitled to right of abode in the United Kingdom but travels on a non-British passport, that passport containing the Certificate or stamp of the Right of Abode must be produced.

If your spouse is a foreign national with indefinite leave to remain in the United Kingdom, produce that passport.

If your spouse holds a British citizen passport, produce that passport."

Which intimates that the original needs to be produced when my wife goes for her interview. I cannot go to the States for the time of her interview, so I cannot take my original passport to her.

Will these certified photocopies from the solicitors suffice in support of our application or will I indeed have to send the original?

Again, thanks in advance for all your time and advice.

[jes2jes]

hughjars99 wrote:

Which intimates that the original needs to be produced when my wife goes for her interview. I cannot go to the States for the time of her interview, so I cannot take my original passport to her.

Will these certified photocopies from the solicitors suffice in support of our application or will I indeed have to send the original?

Again, thanks in advance for all your time and advice

.

The certified copies are fine and you do not need to send your original passport unless of course you are there in person. What happens if you send your passport and you need to make an emergency travel out of the UK? A certified copy is all you need and as Christophe told you, you are worrying yourself too much

All the best mate!

[hughjars99]

hughjars99 wrote:
The certified copies are fine and you do not need to send your original passport unless of course you are there in person. What happens if you send your passport and you need to make an emergency travel out of the UK? A certified copy is all you need and as Christophe told you, you are worrying yourself too much

All the best mate!

No doubt once all this is finalised and my missus walks through at arrivals at Heathrow next month I will indeed agree that I worried too much. Its just that this is the only thing that matters for either of us and we dont know our arses from our elbows where this process has been concerned.

To all that have helped on this thread and others, thank you very much!

[Christophe]

Good luck - and do let us know what happens!

[hughjars99]

To everyone that has helped with their wisdom and advise, can I just post this in thanks for everything that you have all done. My wife received confirmation this morning that her spouse visa has been received, accepted and issued!

This site has been invaluable, we were pulling our hair out both sides of the Atlantic and if it hadnt been for the assistance and direction from the people on this site then I really don't think that we would have gotten to this point this soon.

She'll be here in a fortnights time, so from myself and my wife - thank you all so very much.

[John]

Congratulations! Glad it all worked out!

And also great that she is going to enter the UK within the first 28 days of validity of the 2-year spouse visa. Doing that will cut out a potential problem when she applies for ILR in nearly 2 years time.

[avjones]

Many congratulations - here's to a long, happy marriage!