Uk Spouse Visa - Work Rights

[cernlife]

From this UKBA page (http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/), which talks about "This page explains how you can apply for permission to enter or remain in the UK as the husband, wife or civil partner of a person who is settled here or applying to settle here."

It says "If your application is successful, we will give you permission to live and WORK here for up to 27 months. This is called your probationary period"

From reading this page I assumed that if one applies for a UK spouse visa and if successful then the the wife can work here for the duration of the visa's validity. Is this true/correct?

This was my assumption, however we where down in the local Thai grocery store (here in my hometown of the UK) and got talking to the shop assistant who was Thai. They said that its not that simple and sometimes the UK spouse visa is issued but the right to work is not issued and other times they do issue the visa with work rights. They said it will say on the visa if the holder can work or not. Is this true? And if so what are the reasons why they would give a UK spouse visa with no rights to work.

Also, when I say "UK spouse visa" is this really a settlement visa? whats the correct terminology for the visa for a wife of a UK national?

[toddmeister]

I think the term "spouse visa" covers settlement & fiance visa's. The wife is allowed to work on a settlement visa but not on a fiance visa. To work she has to obtain a National Insurance number and has to show her visa when applying for that

[cernlife]

So there is no truth to the gossip in the Thai shop?

[marksm]

so when i fill in the on-line form for my fiancee do i put spouse visa or fiancee visa ?

[7by7]

A settlement visa is a visa which allows the holder to settle in the UK; as can be seen from the form there are various categories for this and sites such as this use these categories as a form of shorthand. For example, when we talk of a spouse visa we mean a settlement visa as a spouse.

If applying as a spouse this means that you are already married; and must provide proof of this. The visa will be valid for 27 months and after your spouse has lived in the UK for 24 months they can apply for Indefinite Leave to Remain; provided they meet all the criteria, see here.

Spouses can work immediately they enter the UK.

The same applies if applying as a civil partner or an unmarried partner.

If applying as a fiance, this means that you are not married, and intend to marry once your fiance is in the UK. The visa will be valid for 6 months and during that period you marry and then your now spouse applies for Further Leave to Remain, see here. This lasts for 24 months and at the end of this period they apply for ILR as above.

Fiances cannot work until after the marriage and they have obtained FLR.

The same applies to prospective civil partners.

As can be seen, there are distinct advantages to applying as a spouse rather than a fiance; the main one being that the FLR application is done away with and so that fee is saved.

To answer your question, Mark; if you are already married then you put 'spouse', if you are going to marry once she is in the UK then put 'fiancé'.

[meatboy]

So there is no truth to the gossip in the Thai shop?

if you read the posts in gen.topics[ finding freinds for my thai wife in uk]you dont listen to other thais,like what has been said apply for a nat.no.in the uk.if you have a settlement visa,then when the 27months are up and the marriage is stable apply for ilr.good luck.