How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My application for UK citizenship was recently approved, and

Resolved Question:

My application for UK citizenship was recently approved, and I hope to move to the UK with my American wife in late May of this year.

We are planning to apply for a spousal visa for her with me as her sponsor, but we are unsure about the best timing.

In connection with this:

1. Is it correct that if the visa is approved, she is required to enter the UK within three months of the date of her visa application (NOT approval)?

2. Is it acceptable for an applicant to apply for a spousal visa, then travel to the UK under a visitor's visa while application is pending, return to the country of application after the decision is made, and finally come back to the UK under the new spousal visa?

3. Do I, as a new UK citizen, need to first of all get a UK passport overseas before relocating to the UK, or can I enter the UK with my existing US passport and/or UK citizenship certificate, and get my UK passport after my arrival?

4. My wife and I currently reside in Japan (where both of us have permenant resident status), and she is a US citizen. Is it correct that she can apply for a UK spousal visa from either Japan or the US?

5. If my wife first joins me briefly in the UK under a visitor's visa (to help set up our house), and then goes out of the UK to apply for her spousal visa, can she go to a nearby third country (such as France or Germany), or would she need to return to either the US or Japan?

Thank you very much.

-Customer
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

In 2 above, are you referring to just you travelling to the UK Ltd r your wife as well? The ukba would have her passport..

Tom
Customer: replied 1 year ago.

I will be relocating to the UK, as will my wife once her spousal visa is approved. The timing of her application is the issue.


 


Regarding her passport, can a certified copy (notarized by the U.S. Embassy in Japan) be used for the application? This was acceptable for my own citizenship application.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Using your numbering:-

1. She can attempt to enter at any time after the leave to remain is granted in her passport. Technically she can enter at any time, however if one were not to enter for 6 months after the grant then they would be subject to questioning.

There will be no problem provided that she enters within 3 months of the date of the start of the leave to remain. This is used as a threshold for the purpose of the residence period, if a person enters within three months of the date of their grant of leave to remain then they will be regarded for the purpose of the residential requirement to have entered on the date the leave was granted.
2. I doubt highly that they would accept a notarised copy of her passport. This is because the UKBA are extremely concerned with overstayers and I know it seems counter intuitive that one would apply for a spouse visa and then enter on a visitor’s visa with a view to staying but unfortunately the UKBA view this as a possibility. You can try to ask , but I would expect them to say “withdraw the application and we will return the passport, or wait until we have determined the application.
3. Provided you have your certificate of naturalisation and your US passport and your certificate refers to your passport then you should be fine. You will probably have to explain why you have not applied but I would expect them to permit entry
4. An applicant should apply from the country in which they are permanently resident, so if you have permanent residence in Japan and have been habitually resident there in the recent past then there is no problem applying from there, though if she holds a US passport she could also apply from there.
5. She could only enter the UK if she had not applied yet for a spouse visa (see 2 above). If she did do this then she would have to return to the country where she permanently resides in order to make her spouse visa application, so I would expect problems if she simply went to France to make the application.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience