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British citizen living abroad? Non-EEA spouse? This may affect you!

British citizen living abroad? Non-EEA spouse? This may affect you!

Old Feb 3rd 2013, 9:48 am
  #1126  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Blackpudlian
Guys, thanks for your advice, I am in a real mess, what can I do, I just want my little boy to grow up with his UK family.

let me give more details, I apologise beforehand as its a long story.
I am actually in Malaysia now,

I had been out of the UK for 10 years, working in SE Asia, I have a 3-1/2 year old boy, I had worked non stop over here for 8 years then took a year out to get married, I got married in the Philippines in aug2011 and couldnt find a job over here, so I returned to the UK and worked near home as a limited company starting end sept 2012, my wife and sun arrived in England in Dec 2012 on a 2 year visitors visa ( max180 days per stay) which is the one we were told to get, we were advised that if you had a 2 year visa you could apply for ILR from inside the UK, I read somewhere in early January by chance on the internet that this wasnt true, tried to contact the authorities, rang every official number I could find, but nobody would tell me for sure Yes-or-no, so I desperately rang a visa assistance company in Croydon I found on the net, who first told me that I could apply and had a good chance of approval, the same day I got a job offer from Malaysia I wasnt sure if it would affect our application so asked the Visa company who said it would not affect anything as long as I had 3 months payslips in the UK, which I did, So I resigned my job in the UK ( 160 GBP per day) and took the job over in Malaysia, it pays considerably more, and have now found out that to apply I do actually need a job in the UK, and wish I hadnt resigned, the problem I have now is the job in Malaysia splits your salary, I have no say in it, I will be getting about 6K per month paid into a Malaysian bank account, where Malaysian tax is paid, and the rest, considerably larger portion, paid into any account outside Malaysia, but not taxed at source, could I declare this on my application, would the embassy pass info this on to the tax man??????.

The job will soon move offshore onto an oil rig, which is 4 weeks on, and then 4 weeks leave where I would be going back to the UK to spend time with my family in the UK, if they were there of course!!

In a couple of months I will have the 62K needed , then have to keep it in the bank for 6 months then apply for a spouse visa for my wife, but I am running out of time, my boy starts school in the UK in September.

But I do have some shares, in the form of share certs for AIM listed companies, they are worth more that 62K, would the authorities accept paper certificates instead of 62K in a bank account??
What should I do, Can somebody help me get out of this mess

Mill66
The 62K must be liquid, and in your bank account for at least 6 months. There is no way around this. Because you are pressed for time, is there anyway you could impose upon relatives to loan you the money until your house sells? You cannot technically take a loan (such as with a bank) but you can accept "gifts."
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Old Feb 3rd 2013, 10:34 am
  #1127  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Blackpudlian
BLACKPUDLIAN- WEB Blue, thank you for your comments, my apologies about messing up teh Quote system on here, im not with it today, with all this going on in my head and affecting my sleep
anyway I have only worked for 4 months this year in the UK , I earned 14400, and collected rent from my little house of 3900, that will make a total of 18200, by the end of the year, not enough !!!

BLACKPUDLIAN-I can prove part of my foreign salary, the part that is declared by my agent to the malaysia authorities for being taxed at source, it is RM1000 per day, roughly GBP200, I work 7 days a week now, but when I go offshore I will be working 28/28 so I only actually work 6 months hence my salary actually halves, I expect my salary for the rest of this tax year to be ( Feb, March 12k, )( April May June 6K) Then an average of 3 k a month after that for the rest of the year( 1 month 6k/next month nothing and so on)

BLACKPUDLIAN I was LTD Co in the UK for 4 months but not now

BLACKPUDLIAN had a look at the wiki, there`s a lot to digest, I think I really need an expert who knows the system.

BLACKPUDLIAN had a look at the wiki, there`s a lot to digest, I think I really need an expert who knows the system.
You'll figure out the quote system--don't worry.

Blackpudlian, I think your best bet right now is to breathe in & out. Saurus is right that you may have the resources to do this, but it may take time and study.

If you do decide to seek professional advice, be careful that the immigration advisor is regulated by a governmental organization such as the OISC (http://oisc.homeoffice.gov.uk/about_oisc/). These rules are very new and there are lots of dodgy immigration "specialists" who will try to take your money for their useless 'advice'.

If I were you, I would take a look at page 13 of the official UKBA Fiancial Rules document:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Page 13 sets out some of the possible combinations of cash savings and various income streams that will meet the requirement. It may help give you an idea of what the Home Office is looking for in terms of a more complex employment situation like yours. This is knowledge that will help you even if you decide to take advice from an immigration professional.
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Old Feb 3rd 2013, 10:55 pm
  #1128  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Sarus
I don't quite understand why you consider yourself in such a mess Blackpudlian. You've got property, savings, income and shares. You are plenty wealthy enough to take your family home.

Lets be precise here, it is only difficult for us Brits who have no money. My little boy has no chance.
Hi Saurus, You are right in my opinion I can afford to take my family home, but cant tick all the boxes as they want, and in the end, its not my opinion that matters its theirs.
I do have a job earning enough money,but in a foreign country, I dont know where I stand, working abroad, month out of UK, month in the Uk, will it count against me??

I have money in the bank, 30K, not 62K at the moment, I will have in a couple of months, but it wont have been in the bank for 6 months as required.

I have shares, and am in the process of transferring them into an online trading account so I can sell them, but I dont think they will accept these.

I have a house in the UK with no mortgage to speak of. it doesnt seem to matter to them that I will not have any rent to pay.

I have a house in the Philippines, up for sale, wish I could sell it quickly.

I shouldnt have listened to a Visa Co in The Capital ,( Croyden hint hint), who gave me duff info, I would never have packed my job in back home and got in this mess if they hadnt advised me it would make no difference, told me I had 100% chance of it being accepted, then a few days ago told me I would probably be refused.

Does anybody know if theer is a Visa that I could go for that would allow my wife to remain in the UK as a carer for our son,???

I just dont know what to do, I feel sick to the stomach when I think of this, which is most of the time.
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Old Feb 3rd 2013, 11:48 pm
  #1129  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Blackpudlian
Hi Saurus, You are right in my opinion I can afford to take my family home, but cant tick all the boxes as they want, and in the end, its not my opinion that matters its theirs.
I do have a job earning enough money,but in a foreign country, I dont know where I stand, working abroad, month out of UK, month in the Uk, will it count against me??

I have money in the bank, 30K, not 62K at the moment, I will have in a couple of months, but it wont have been in the bank for 6 months as required.

I have shares, and am in the process of transferring them into an online trading account so I can sell them, but I dont think they will accept these.

I have a house in the UK with no mortgage to speak of. it doesnt seem to matter to them that I will not have any rent to pay.

I have a house in the Philippines, up for sale, wish I could sell it quickly.

I shouldnt have listened to a Visa Co in The Capital ,( Croyden hint hint), who gave me duff info, I would never have packed my job in back home and got in this mess if they hadnt advised me it would make no difference, told me I had 100% chance of it being accepted, then a few days ago told me I would probably be refused.

Does anybody know if theer is a Visa that I could go for that would allow my wife to remain in the UK as a carer for our son,???

I just dont know what to do, I feel sick to the stomach when I think of this, which is most of the time.
Honestly, there are only two choices: have a job there lined up paying 18,500, or have 62K in the bank for 6 months. I am sure you don't want to be separated from your wife for any length of time, but it may be your only recourse if you must have your son in school this year. Maybe you might want to think about delaying your move for another year? That way you will have plenty of time to get things in order. Take a deep breath...it will all work out.
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Old Feb 4th 2013, 12:29 am
  #1130  
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Angry Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by perthhomeschool
Honestly, there are only two choices: have a job there lined up paying 18,500, or have 62K in the bank for 6 months. I am sure you don't want to be separated from your wife for any length of time, but it may be your only recourse if you must have your son in school this year. Maybe you might want to think about delaying your move for another year? That way you will have plenty of time to get things in order. Take a deep breath...it will all work out.
Thanks Perthhomeschool.
The sickening thing is, that I did have a job there, paying GBP160 per day I resigned mid January for this job that pays more, on the advise of the Visa co that I mentioned in my previous post, They advised me that everything would be ok and she had a good chance of getting her ILR from within the UK on her present 2 year family visit visa, as they had done it before,-- then changed their mind and said that she would have to leave the UK and reapply from the Philippines, but me working abroad would not matter, which actually suited me, because I would only be a 3 hour flight away, so I took the job here, after I resigned and started the job here in Malaysia the communication dried up, I managed to get hold of them and they eventually said that it would matter that I was working abroad, and she would probably be rejected on financial grounds, ( too late the damage was done) apolologised, refused to handle my case any further, or talk to me even, and refunded my 400 quid. They are registered advisors and I will be complaining, I would like a second opinion though.

But it increasingly looks like I will have to bring my family over here until I get the 62K in the bank, wait another 6 months, then apply through the wealthy person route, hopefully it will be before Christmas when we get our Visa, and my little boy wont have missed to much school in the UK, or missed his Nana, Friends and everybody back home too much
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Old Feb 4th 2013, 5:43 am
  #1131  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Your employment abroad does count. If you can prove income over the last six months at the required rate, you just need an offer of a job in the UK. No need to work six months first.
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Old Feb 4th 2013, 5:56 pm
  #1132  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Blackpudlian
Hi Saurus, You are right in my opinion I can afford to take my family home, but cant tick all the boxes as they want, and in the end, its not my opinion that matters its theirs.
I do have a job earning enough money,but in a foreign country, I dont know where I stand, working abroad, month out of UK, month in the Uk, will it count against me??

I have money in the bank, 30K, not 62K at the moment, I will have in a couple of months, but it wont have been in the bank for 6 months as required.

I have shares, and am in the process of transferring them into an online trading account so I can sell them, but I dont think they will accept these.

I have a house in the UK with no mortgage to speak of. it doesnt seem to matter to them that I will not have any rent to pay.

I have a house in the Philippines, up for sale, wish I could sell it quickly.

I shouldnt have listened to a Visa Co in The Capital ,( Croyden hint hint), who gave me duff info, I would never have packed my job in back home and got in this mess if they hadnt advised me it would make no difference, told me I had 100% chance of it being accepted, then a few days ago told me I would probably be refused.

Does anybody know if theer is a Visa that I could go for that would allow my wife to remain in the UK as a carer for our son,???

I just dont know what to do, I feel sick to the stomach when I think of this, which is most of the time.
You have the right to go back to the UK at any time. With luck (Assuming you were born in the UK) then so does your son. Your wife, unfortunately does not, you do not have the right to live with your wife in the UK (odd I know!), your son does not have the right to live with his mother in the UK (even odder!) and she may actually be there illegally or at least questionably at the moment.

Your target sounds like it is to ensure that your son is in school on Sept 1 this year. Secondarily to have your whole family living to gether in the UK ASAP.

Is there someone else in the family who your son could live with in the right catchment area?
Do you have the financial means to just stop work and move back to the UK with him?

If you want to have your family together as fast as possible then you need to liquidate 62000 savings (assuming your son has a british passport, otherwise it's more) put it in the bank and apply for a visa for your wife in 6 months.
If you are considering living in the UK and she is living abroad (a requirement for the visa application) then you will need to very carefully look at all the guidance and rules related to a true a subsisting a relationship and make sure that you can fulfil them BEFORE making your next move. There should be links to the rules and the IDIs (internal guidance) on the wiki page. Otherwise find them on UKBA under policy & law.

Depending on what you find in the relationship requirements I'd suggest ignoring any possibilities for your wife to use EX1 or "life as a parent" as these would both be riskier I'd guess.

Note: This is just advice from a non-professional interested amateur who's had about as much luck with professionals as you have
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Old Feb 5th 2013, 12:32 am
  #1133  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Blackpudlian
Thanks Perthhomeschool.
The sickening thing is, that I did have a job there, paying GBP160 per day I resigned mid January for this job that pays more, on the advise of the Visa co that I mentioned in my previous post, They advised me that everything would be ok and she had a good chance of getting her ILR from within the UK on her present 2 year family visit visa, as they had done it before,-- then changed their mind and said that she would have to leave the UK and reapply from the Philippines, but me working abroad would not matter, which actually suited me, because I would only be a 3 hour flight away, so I took the job here, after I resigned and started the job here in Malaysia the communication dried up, I managed to get hold of them and they eventually said that it would matter that I was working abroad, and she would probably be rejected on financial grounds, ( too late the damage was done) apolologised, refused to handle my case any further, or talk to me even, and refunded my 400 quid. They are registered advisors and I will be complaining, I would like a second opinion though.

But it increasingly looks like I will have to bring my family over here until I get the 62K in the bank, wait another 6 months, then apply through the wealthy person route, hopefully it will be before Christmas when we get our Visa, and my little boy wont have missed to much school in the UK, or missed his Nana, Friends and everybody back home too much
Your little boy is only 3 and a half years old - what significant schooling is he going to miss? Nothing he is not going to make up from now until he finishes college in 18 years time.

You say that you will have the necessary savings in a couple of months; so at the most you are looking at around 8 to 9 months before your application.

Not the end of the world - and you'll have your family with you while you wait.
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Old Feb 6th 2013, 2:57 am
  #1134  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

I'm very much aware that it's a good problem to have but the idea of having 62K in cash for 6 months is very frustrating, considering the interest rates, when I'd rather it was invested and working for me.
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Old Feb 6th 2013, 11:48 am
  #1135  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by hotscot
I'm very much aware that it's a good problem to have but the idea of having 62K in cash for 6 months is very frustrating, considering the interest rates, when I'd rather it was invested and working for me.
I was also thinking that one could not use that money to purchase a house either when returning, forcing you to rent for up to 5 years.
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Old Feb 7th 2013, 12:29 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Anyway it seems like a good thing to offer aid to those who want to come back to the UK.
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Old Feb 17th 2013, 12:26 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by perthhomeschool
I was also thinking that one could not use that money to purchase a house either when returning, forcing you to rent for up to 5 years.
Yes, I was thinking about this too because it's going to be very, very difficult to obtain a mortgage in the UK through high street banks when your visa status is in limbo for 5 years...

Another thing is the huge backlog which is meaning that straightforward cases are still taking 6 months ++ and you have no passport/ability to travel during this time.

Clearly the rules for spousal settlement need to be simplified! That way, the UKBA staff may have an idea about what they should actually be doing!
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Old Feb 17th 2013, 2:00 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rukiddingme
Yes, I was thinking about this too because it's going to be very, very difficult to obtain a mortgage in the UK through high street banks when your visa status is in limbo for 5 years...

Another thing is the huge backlog which is meaning that straightforward cases are still taking 6 months ++ and you have no passport/ability to travel during this time.

Clearly the rules for spousal settlement need to be simplified! That way, the UKBA staff may have an idea about what they should actually be doing!
The amount of stress and pain these new spouse visa rules are causing is unbelievable. You and your family will get to the UK eventually rukiddingme, but my deepest sympathies for all the shit you're having to go through to get there.
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Old Feb 17th 2013, 6:56 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Details of the Committee members and Witnesses for the APPG Committee on Migration on the 11th Feb 2013 can be found here.

I found it easier to listen to each witness a few times before moving on to the next one. Hope this helps.
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Old Feb 21st 2013, 8:34 pm
  #1140  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by robin1234
As someone hoping to return to the UK as a retiree, I can see several complications. As you mention, dunroving, hopefully homeownership will be factored in. Then, what about guaranteed income in the future. For instance, I could say now, I'll start taking my US Social Security; that's $12,000 per annum on the credit side of my income calculation. But what if I prudently decide to defer my SS for three years, so I have a future income stream, starting in 3 years time, of (say) $15,000 each year... but my wife & I want to return to the UK next year, so hopefully their income/assets algorithm will allow for that, and credit the future income somehow...

Then what about assets? $500,000 yields $17,000 per year? $25,000 per year? what assumptions are they going to make?

Boy with hindsight I wish we'd got my wife her citizenship before we left England in 1991!
We are in the same boat - my husband and I are retired and would like to be able to live back in the UK. We have family and friends there and the things we enjoy doing are there. I am the British citizen, he is an American citizen. Only reason I am here is because we got married, I never particularly wanted to in the first place.
We both are receiving Social Security although mine isn't a full amount - so we are not rich by any means, but could support ourselves perfectly well in the UK as here. We would also have the money from the sale of our house, minus moving expenses. None of these things are taken into account it seems in ANY of the forms we have been looking at.
Everything is for the UK spouse having to prove they can support their non-UK spouse who has no income at all.
This is a ridiculous situation for people like us who all they want to do is to go back and live in the country where they were born.
We are being banished from returning to live in our own country and this is wrong!
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