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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi, Im a naturalised british citizen (originally from Philippines)

Customer Question

Im a naturalised british citizen (originally from Philippines) and my husband is currently working in United States as working visa holder but due to expire now,can he apply a spousal visa to come here and live w/ me in UK w/o going home to Philippines?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.



Thanks for your question.


The UKBA will reject an application from an applicant from a country other than their home country if they do not have leave to remain in that country. So, if your husband has sufficient leave to remain in the US to enable him to apply for a spouses visa (ie. Settlement) and that leave to remain shall not expire during the course of the application then he would be able to apply.

If as you have stated his visa is expiring now then I would not advise applying from the US because he would not have leave to remain at the time of application, which would mean that they would reject the application. It would be complicated further if he left the US after the expiring of his visa as this suggests a chequered regard for immigration rules which the UKBA would not look to kindly on and would probably result in putting them on an adversarial footing.



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