Spouse Visa

[megmog]

Hi all,

I was wondering is someone might be able to clarify for me...

Is it possible to apply for a settlement (spousal) visa for my husband (who is south african - I am British) if I am not actually in the UK?

I am intending to go to the UK with him (at the same time) from South Africa... I have a job offer in the UK that is open ended as well as accomodation...

I ask because most of the guidance I have read on this board is relavent to people applying for a spousal visa whilst the sponsor is present in the UK...

I would really appreciate any guidance on this matter... If i have left any relavent information out please ask!

Many thanks

[John]

Yes, it is totally possible for your husband to apply for the spouse visa while you personally are still there in SA. The fact that you have a job to go to, and accommodation arranged, will obviously assist with the application.

How long have the two of you been married? If at least 4 years, the following is worth noting. If your husband was to travel to the UK as a visitor, and then take and pass the UK Citizenship Test, and then return to SA to make the spouse visa application, that visa when issued should be ILE ... indefinite leave to enter .... rather than just a 2-year visa. In other words it would cut out the need to apply for ILR in the UK in 2 years time .... thus cutting out the £750 or £950 cost of that ILR application.

I emphasise this only works if the two of you have been married for at least 4 years. Even if that is the case, you might consider it just too much hassle.

[megmog]

Thanks John... another question if you dont mind..

Myself and my husband are in Ireland awaiting the outcome on the Form EU1 (which is a whole other issue! basically Ireland is now requesting that you live in a member state prior to arriving in Ireland in order to exercise your EU rights of abode with family members - spouse etc.) We feel that there is a good chance that we will be rejected (although we were told by the Irish Justice Dept that we would be within our rights before we moved across the world with everything we own!) as we moved to Ireland from South Africa.

Now, we could be waiting another 4/5 months to hear from them regarding our application but we want to be prepared for the worst. I had been thinking that we would have to relocate back to SA (worst case scenario) and apply for a spousal visa for the UK from there... but now I am wondering - can we apply from Ireland whilst our EU1 application is being processed? Or would that not be allowed?

Sorry about the length of this... just wanted you to have the background!

[megmog]

just wondered if anyone had a chance to read my query and had any ideas or answers...

thanks

meg