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My understanding is that a requirement of the spouse visa is that the British citizen needs to show at least 6 months worth of payslips to prove income above £18,600.

I am a US citizen currently living in the US, while my British husband is living in the UK. He does make the minimum £18.6k but right now he cannot show 6 months consecutive payslips, as he was just recently visiting me in the US for 3 months. So since he's been back in the UK, he has only 2 months in a row to show and he will will not make it to 6 months since he needs to come back to the US for the birth of our first child. At that point, he will have worked for 5 months so he'll just miss it and will need to start over from 0 once he returns to the UK, so we can qualify to apply for a spouse visa for me.

My question is, am I allowed to come and stay with him (and our child) for 6 months on a visitor's visa while he is working? After the 6 months are up, I would go back to the US and apply for the spouse visa.

My concern is that immigration officials will not believe I intend on leaving the country after 6 months, especially if I have a British husband and child there and am not working myself. How can I prove that I am actually going to leave besides showing a return ticket, because I doubt that will be enough? I don't want to be denied entry into the country.

We do plan on applying for the visa, but in the meantime, we would like to be together with our firstborn while we wait to qualify for it.

  • To clarify, do you plan to travel to the U.K. together as a family with your husband and child, or will you travel separately with your child? – Traveller Apr 11 '18 at 17:35
  • The minimum income requirement rises to £22,400 including the extra £3,800 for your first child. – Traveller Apr 11 '18 at 17:44
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    I would like for all of us to travel together as a family but at the moment it looks like he will have to go back ahead of me, and I will join him later on and bring the baby with me. I thought the extra £3,800 was only for non British children? Our child will have a British passport so does that still apply to us? – Amy Apr 11 '18 at 18:33