ShesleyWalsh

Hi all

I have read the wiki and several threads and still slightly confused so please forgive a newbie for asking questions that have been asked before.

I an a dual national British and US citizen who has been out of the UK for 20 years and now for family reasons wish to return and settle in the UK with my American wife who I married in the UK and 3 daughters who were all born in the USA.

I have been a stay at home parent for the last 8 years and need to find a job a job in the UK.

First I cant show the income requirements for the last 6 months of GBP 18600, is it a requirement to show both this and a contract of employment for GBP18600 or is it an either or situation.

Second as all children will have UK passports on entry is the value of cash savings required GPB 64,000. Does this also need to have been in a bank account for 6 months.


Finally to help in the job finding process could we all fly to the UK with my wife on a 6 month tourist visa with return flights booked to the US and while in the UK I find employment and then apply to settle as a family. How does that impact the income and savings requirements?

Many thanks
SW

theoldgit

As you are returning to the UK to, hopefully, work you have to satisfy two requirements.


If you can show cash savings of £64,000, which have been under your control for six months, you can use this to meet the first part of the financial requirement, that being employment overseas.


Secondly the you must also have a confirmed offer of salaried or non salaried employment in the UK, starting within 3 months of your return, however cash savings can be used to satisfy that requirement.


You seem to be aware that the possession of a UK Passport for you and your children allows you to live and work in the UK, you're probably also aware that your wife's earnings cannot be used to meet the requirement.


You're wife could in theory enter the UK as a tourist whilst you are seeking employment, though you need to be aware that a Standard Visit Visa is meant for a regular tourist, and if it was believed that she was using the tourist route to circumnavigate the settlement route, which you don't seem to be doing, then a visa, or entry could be denied. Using a tourist visa, wouldn't impact on your plans for settlement.


As I read the guidance, which is attached, if you have sufficient cash savings you can use these to meet the financial requirements.

SanDiegogirl

Read the Appendix as attached to the post above carefully to see how you can qualify.

AS you are sponsoring your wife only (your children are already British citizens) then, if going the savings route you need 62,500 GBP which you must have had for a minimum of 6 months untouched.

If you have the savings you do not need a job either currently or within 3 months of returning to the UK. The savings are sufficient. You can apply for the visa immediately.

Since you have not worked in the past year the only way you can qualify with income is if you go to the UK, find work earning 18,600 GBP minimum, remain in this job for 6 months and then apply for the visa.

You wife can visit you if you have to return and work for 6 months - she has to have strong ties to the US to prove she will return to the US to apply for the visa. The income and savings requirements remain the same whether she visits you or not.

Pulaski

If the £62,500 came from the sale of property, e.g. your home, and you can prove the flow of funds, then the six month requirement is waived.

To recap what the others have said - your wife cannot complete her settlement visa process from within the UK, she must return to the US to complete the process, though she can visit in the interim.

SanDiegogirl

Yes, good point - not sure that detail is included in the FM 1.7 Appendix.

It IS in the FM-SE Appendix regarding sale of property:

https://www.gov.uk/guidance/immigrat...ified-evidence

Also of course, investments, pensions can be used to meet the financial requirments.

AndrewE73

Quick question on the cash savings route...does it matter if during the 6 month period that I transferred the £62,500 to UK account? The funds remained in possession of my wife and I over the 6 month requirement.

mikelincs

Sorry, but the bit I have highlighted in red does NOT apply if moving by the savings route, it is not needed, using the savings route you can apply for the visa and move as soon as you get it, BUT the money does have to be in your control for the 6 months prior to the application, unless it is from the sale of your home.

The blue coloured part is incorrect, the visa MUST be applied for from outside the UK, no exceptions.

theoldgit

I did say that the employment route didn't apply if you used cash savings, that's what I meant when I said "however cash savings can be used to satisfy that requirement", maybe I should have been more clear,


I didn't say or imply otherwise, his wife can of course enter as a tourist, but as I said she would need to satisfy the Border Force Officer that she was a genuine visitor, of course a Settlement Visa has to be applied in her own country, as I say I didn't imply otherwise.