3

I am a British citizen and my partner is an American. We have only taken part in a religious ceremony and have the certificate. She has just finished visiting me for 4 months. On a previous visit, she stayed in the UK for 1 month.

I have been told that, since I am on a fixed-term employment contract (FTC which started in April 2016 and concludes in November 2016), a spouse visa would most likely be declined even though I can show more than 6 months of payslips. What effect would being an FTC have on the application for a spouse visa; is there any chance that it would be accepted?

Also, my wife has literally just left the UK after her 4-month stay, entering the UK as a visitor. Could she or I apply for visitor visa again in a couple of months for her to come and stay for approximately 5 months (if the spouse visa is not viable)? Or will I have to wait a certain amount of time, since she has been here for 4 months (and 1 month before)?

  • 2
    regards to if she can come as a visitor it will be down to the discretion of the border guard. They may feel she is trying to stay in the UK indefinitely as she has just been. She could theoretically stay 6 months, leave for a day and come back for 6 months if the border guard let her in. If you want to be safe it might be better to apply for the visitor visa to be safe, so she doesnt have to waste money on a flight if it gets denied. I'm currently in the process of applying for my wifes spouse visa, we are waiting on a verdict. I'll happily answer that when we get a decision – BritishSam Oct 7 '16 at 15:32
  • Ye it's just a shamed that it all depends upon the IO's mood also. IM assuming you did that with a permanent role? I hope your visa works for you buddy :) – Polyscript Oct 8 '16 at 18:08
  • 1
    yeah permanent.. well i think its 33 months but then you can apply for extension in the UK then after 5 years you can apply for perm residency. I'll be happy to answer questions on that when it all goes through(hopefully). I've spoke to immigration lawyers so have a lot of knowledge on it. But I dont want to tell you something wrong now if mine doesn't go through. We'll be applying in the states if it doesn't but thats an even longer process :( – BritishSam Oct 10 '16 at 9:44
2

Could she or I apply for visitor visa again in a couple of months for her to come and stay for approximately 5 months (if the spouse visa is not viable)?

There is no required cooling-off period between visits, and Americans generally do not require entry clearances. But stays like that start to get dicey. First we'll look at the guidance (sorry for the page break)...

enter image description here

...this echos what is written in the rules, Appendix V 4.2 (b)

(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and

...and if your wife has just left from a 4 month visit and then wants to return for a 5 month visit, the Immigration Officer will be entitled to assume that she is making the UK her home. So she should expect a challenge, the outcome of which will depend upon her personal impact and articulation skills. If successful, she will get 'stamped in' for 6 months; if not successful, she will either get a temporary admission (not a good thing) or she'll be served removal papers (a bad thing).

Many times Americans in her situation will get an entry clearance beforehand (even though it's not required) because it avoids wasted air fares and the distress of removal from port.

Or will I have to wait a certain amount of time, since she has been here for 4 months (and 1 month before)?

Wrong. It's her landing interview and her her responsibility to either apply for entry clearance or to explain herself to the IO. You are a sponsor and a stakeholder, and getting the roles mixed up can set off their radar.

In summary, the answer to your question is indeterminate. In theory and on paper what she proposes to do is fine. But the IO has the option to see things differently.

  • Do you think a spouse visa would work with my fixed term contract? – Polyscript Oct 8 '16 at 18:07
  • Yes I do think it can succeed, but the timing is key critical. You can take up this area about spouse visas at Expats expatriates.stackexchange.com/questions for more info. – Gayot Fow Oct 8 '16 at 20:01
  • I will make sure to ask there also, again, thank you ever so much for your help- you always provide the best information. – Polyscript Oct 9 '16 at 15:04

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.