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I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Child

I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Child

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Old Jul 31st 2014, 11:58 am
  #31  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by Vadio
I'm honestly not sure re: your father in law's company.
I think he can do this, but as you say, he will need to be earning that for 6 months and I believe he will have to stay with that job until the first visas are issued. Does changing jobs before that mean a delay in applying for the first visa??? More payslips required??

As you say, apart from ksand on uk-yankee who is very good on family visas and will lay it all out clearly, there is also immigrationboards.com who are also very good on all the UK visas. Perhaps try both sites?

EDIT. The latter of those sites is very good at being proactive to any new UK rule changes about to come in.

Last edited by formula; Jul 31st 2014 at 12:25 pm.
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Old Jul 31st 2014, 1:03 pm
  #32  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by formula
Yes, it was relevant to the quote. Read it again.

You haven't read the Immigration Act 2014, have you? It also address the NHS levy to be brought in for those that don't have PR (ILR or citizenship).

I thought they said "may" be put on a 10 year route. Has that changed to "will"? Is it going to be instant? The 10 year route that replaced DL came in 2(?)years ago and they seem to be waiting months/years to be granted that. Many pay an immigration solicitor to make sure they put in the best application to be allowed to stay, which is difficult without a British child. Are those rules changing to make it easier?

Illegals aren't only those that arrived in the country illegally, many have overstayed their visas. Even those that apply to regulaise their stay on the 10 year route before their visa runs out, can no longer can have free NHS once their visa expires. If they are granted a new visa or a visa on the 10 year route (which is taking months to get) then they can use the NHS again for free although they will be unable to get free treatment at a dentist if they are low income until they get ILR.

It's not the easy route you seem to think it is and it's not designed to be. It was an easy route on DL. They replaced DL with this route, round about the time they brought in the financial requirement for a partner to stay and that both partners salaries can be combined to make the 18.6 together.
I have read the 2014 act.

A levy for the NHS is not quite the same as being banned from renting property, driving, or banking.

As for reading, the July 2012 rules laid out the 10 year path for those failing on further applications. I think you will find that I used the word "may" when describing it.
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Old Jul 31st 2014, 1:21 pm
  #33  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

In the spirit of what I believe is the intended use of this forum:

Each week, somewhere on the internet (often times here on BE) I read at least one query exactly like the original post in this thread. A query from a British expat family abroad who would like to return home, but had not heard about the 2012 changes. In my mind, I see a real person out there, sitting behind a keyboard in stunned disbelief at what they are reading. It's not hard to imagine them if you try. The questions they ask us, their family scenario they tell us about - if the writer doesn't outright tell us that they are nearly in tears over what they are reading, the tone of their posts says it all.

I do not believe it is helpful to enter into these threads and pound on these poor people about why these changes were put in place. I don't think a family who has just learned they must endure a separation just to return home needs a lecture about the public purse, or the benefit system, or foreign born criminals. They don't need to hear about how their Human Rights have been watered down. That fact is very much obvious to them.

The financial aspect of these rules is impossible for some families to meet. For others, they will find a way with some planning to come home. Even those who know immediately that they qualify financially sweat the application process because it is so dogged.

I really think that if one cannot offer some hopeful insight to these British citizens who just want to come home, then one should keep their comments to themselves. Coming into threads and hosing down the OP with stereotypes and political diatribes is the internet equivalent of snatching candy from a baby. To put it bluntly, it's really mean.
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Old Jul 31st 2014, 3:07 pm
  #34  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by rebeccajo
In the spirit of what I believe is the intended use of this forum:

Each week, somewhere on the internet (often times here on BE) I read at least one query exactly like the original post in this thread. A query from a British expat family abroad who would like to return home, but had not heard about the 2012 changes. In my mind, I see a real person out there, sitting behind a keyboard in stunned disbelief at what they are reading. It's not hard to imagine them if you try. The questions they ask us, their family scenario they tell us about - if the writer doesn't outright tell us that they are nearly in tears over what they are reading, the tone of their posts says it all.

I do not believe it is helpful to enter into these threads and pound on these poor people about why these changes were put in place. I don't think a family who has just learned they must endure a separation just to return home needs a lecture about the public purse, or the benefit system, or foreign born criminals. They don't need to hear about how their Human Rights have been watered down. That fact is very much obvious to them.

The financial aspect of these rules is impossible for some families to meet. For others, they will find a way with some planning to come home. Even those who know immediately that they qualify financially sweat the application process because it is so dogged.

I really think that if one cannot offer some hopeful insight to these British citizens who just want to come home, then one should keep their comments to themselves. Coming into threads and hosing down the OP with stereotypes and political diatribes is the internet equivalent of snatching candy from a baby. To put it bluntly, it's really mean.
I completely agree.

The reality is harsh enough for some... they don't need long haranguing lectures as though they are acting like naughty children in seeking to bring their non-EEA spouse to live with them in their own home country.

They need their questions answered clearly and sensibly, with plain facts and helpful links. No diatribes.
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Old Jul 31st 2014, 11:46 pm
  #35  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by rebeccajo
In the spirit of what I believe is the intended use of this forum:

Each week, somewhere on the internet (often times here on BE) I read at least one query exactly like the original post in this thread. A query from a British expat family abroad who would like to return home, but had not heard about the 2012 changes. In my mind, I see a real person out there, sitting behind a keyboard in stunned disbelief at what they are reading. It's not hard to imagine them if you try. The questions they ask us, their family scenario they tell us about - if the writer doesn't outright tell us that they are nearly in tears over what they are reading, the tone of their posts says it all.

I do not believe it is helpful to enter into these threads and pound on these poor people about why these changes were put in place. I don't think a family who has just learned they must endure a separation just to return home needs a lecture about the public purse, or the benefit system, or foreign born criminals. They don't need to hear about how their Human Rights have been watered down. That fact is very much obvious to them.

The financial aspect of these rules is impossible for some families to meet. For others, they will find a way with some planning to come home. Even those who know immediately that they qualify financially sweat the application process because it is so dogged.

I really think that if one cannot offer some hopeful insight to these British citizens who just want to come home, then one should keep their comments to themselves. Coming into threads and hosing down the OP with stereotypes and political diatribes is the internet equivalent of snatching candy from a baby. To put it bluntly, it's really mean.
Originally Posted by WEBlue
I completely agree.

The reality is harsh enough for some... they don't need long haranguing lectures as though they are acting like naughty children in seeking to bring their non-EEA spouse to live with them in their own home country.

They need their questions answered clearly and sensibly, with plain facts and helpful links. No diatribes.
+1, and +1.
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Old Aug 2nd 2014, 2:39 am
  #36  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by rebeccajo
I really think that if one cannot offer some hopeful insight to these British citizens who just want to come home, then one should keep their comments to themselves. Coming into threads and hosing down the OP with stereotypes and political diatribes is the internet equivalent of snatching candy from a baby. To put it bluntly, it's really mean.
While having sympathy for those affected, it is really unhelpful to frame this as an issue of "rights". Non-citizens do not have an entitlement to settlement in a country. And that includes spouses of citizens. That's reality, not rights. Obviously this principle is poorly understood out there, which is why there are so many cases where the spouse had permanent residence in the past and then abandoned it without becoming a citizen, but it's no less a reality.

That said, the rules in the U.K. for spouses, since 2012, are far more restrictive than is the norm in peer nations. Much more so than in the United States, Canada or Australia, or the majority of European nations. An arbitrary income rule for the British spouse, as opposed to a process that would assess the earning capacity of both the sponsor and the spouse, is unreasonable. And in particular, a period of 5 years in a second-class, temporary status, is a very long time. It creates even more complications if there are non-British children involved. It's not clear why anyone would choose to move to a country on that basis if they have any reasonable alternative country to live in.
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Old Aug 2nd 2014, 12:55 pm
  #37  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by JAJ
While having sympathy for those affected, it is really unhelpful to frame this as an issue of "rights". Non-citizens do not have an entitlement to settlement in a country. And that includes spouses of citizens. That's reality, not rights. Obviously this principle is poorly understood out there, which is why there are so many cases where the spouse had permanent residence in the past and then abandoned it without becoming a citizen, but it's no less a reality.

That said, the rules in the U.K. for spouses, since 2012, are far more restrictive than is the norm in peer nations. Much more so than in the United States, Canada or Australia, or the majority of European nations. An arbitrary income rule for the British spouse, as opposed to a process that would assess the earning capacity of both the sponsor and the spouse, is unreasonable. And in particular, a period of 5 years in a second-class, temporary status, is a very long time. It creates even more complications if there are non-British children involved. It's not clear why anyone would choose to move to a country on that basis if they have any reasonable alternative country to live in.
But there is a right to family life in Britain. The same as in an any other EU country. It is however a qualified right, and not a human right as I understand the concept. I do understand what you are saying though, just so you don't think I'm looking to argue the point.

Since you mention peer nations - no such right to family life exists anywhere in US law and that very difference is one thing I find so fascinating when comparing family migration to the UK versus the US. Even the US system, with its myriad migrant categories and numerical limits, offers concessions to foreign born spouses and children rather than throwing up roadblocks.

I concur with you that some people do not understand the technicalities of residency based upon their immigration status. If some of the blended families don't even understand, it is no wonder that John Q. Public does not understand and is so easily misled by misinformation. The same thing happens here in the US. Most US citizens believe that if a foreign born person marries a US citizen, that marriage instantly confers US citizenship upon the foreign spouse. It is no wonder they cannot understand the immigration status of Mexican children smuggled across our southern border, let alone their plight.

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Old Aug 3rd 2014, 3:54 am
  #38  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by JAJ
It's not clear why anyone would choose to move to a country on that basis if they have any reasonable alternative country to live in.
Indeed. Many families choose to move to a different country instead. Net migration goes down. The Tories get re-elected.

The 2012 changes sound like a very effective piece of legislation to me - for the Tories.
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Old Aug 4th 2014, 3:00 pm
  #39  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Gozit…. I will have to look into what you mentioned about "making a life" in an EU Country. I am not sure that this will pan out for us and more than likely my husband will not move to another country and go this route. He is not "qualified" to make the income requirement of 22,400 pounds a year.. (he only holds an associates degree and has been working as a butcher for the last 5 years) I have been looking online and in his area of Scotland there are not a lot of positions that pay the 11 pounds an hour that would be required for our visa to be approved… I feel sick and disappointed.. as far as EVER having the 72k pounds for a savings… this won't happen… in the USA that is $122,270 USD… which is 4 years of his income…. that is if we saved every penny and had no bills or mortgage. I can not believe this income requirement. We have been living in the US on almost half that amount (I've not worked for 7 months and have stayed home with my daughter) and I have never received a penny from the government for help.. or food.. or anything! Some people just may not get a great job but are not bums who would live off the government. Sorry I'm ranting…. we are in a bad place and have no idea what to do other than not move… which is not want we want. Ok.. I'm going to go cry a river now lol… Thanks for your help everyone…. seriously! Thank you!
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Old Aug 4th 2014, 7:56 pm
  #40  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by johnandlindsey
Gozit…. I will have to look into what you mentioned about "making a life" in an EU Country. I am not sure that this will pan out for us and more than likely my husband will not move to another country and go this route. He is not "qualified" to make the income requirement of 22,400 pounds a year.. (he only holds an associates degree and has been working as a butcher for the last 5 years) I have been looking online and in his area of Scotland there are not a lot of positions that pay the 11 pounds an hour that would be required for our visa to be approved… I feel sick and disappointed.. as far as EVER having the 72k pounds for a savings… this won't happen… in the USA that is $122,270 USD… which is 4 years of his income…. that is if we saved every penny and had no bills or mortgage. I can not believe this income requirement. We have been living in the US on almost half that amount (I've not worked for 7 months and have stayed home with my daughter) and I have never received a penny from the government for help.. or food.. or anything! Some people just may not get a great job but are not bums who would live off the government. Sorry I'm ranting…. we are in a bad place and have no idea what to do other than not move… which is not want we want. Ok.. I'm going to go cry a river now lol… Thanks for your help everyone…. seriously! Thank you!
I agree. The UK spousal requirements are absurd... But unfortunately there isn't much people can do.
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Old Aug 4th 2014, 9:08 pm
  #41  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by johnandlindsey
Gozit…. I will have to look into what you mentioned about "making a life" in an EU Country. I am not sure that this will pan out for us and more than likely my husband will not move to another country and go this route. He is not "qualified" to make the income requirement of 22,400 pounds a year.. (he only holds an associates degree and has been working as a butcher for the last 5 years) I have been looking online and in his area of Scotland there are not a lot of positions that pay the 11 pounds an hour that would be required for our visa to be approved… I feel sick and disappointed.. as far as EVER having the 72k pounds for a savings… this won't happen… in the USA that is $122,270 USD… which is 4 years of his income…. that is if we saved every penny and had no bills or mortgage. I can not believe this income requirement. We have been living in the US on almost half that amount (I've not worked for 7 months and have stayed home with my daughter) and I have never received a penny from the government for help.. or food.. or anything! Some people just may not get a great job but are not bums who would live off the government. Sorry I'm ranting…. we are in a bad place and have no idea what to do other than not move… which is not want we want. Ok.. I'm going to go cry a river now lol… Thanks for your help everyone…. seriously! Thank you!
I feel for you I really do. I am here in the UK with my wife as a tourist. She is supposed to leave by December!!
We have a 4 year old starting primary in September.
We were both made redundant overseas so decided to come back home.

We are so stressed about splitting up and dragging our 4 year old out of school (will be interesting to know what the education board will say as you cannot take your child out of school during term time without a fine - well speak with the home office as they are responsible for this, send them the bill).
My son is just getting used to the new culture and language but then we'll drag him out again for several months and then again back here disturbing him and may have to repeat a year at school!!!
All due to the government classing my wife and my sons mother as an 'illegal immigrant'?

I am know looking at Article 8 of the European Convention for human rights.
Look it up and it may be of interest.


Good luck and don't despair. Fight and fight for your human rights and don't listen to anyone calling the spouse as an illegal immigrant.
It's not the term we should be using. They are our family members and should be protected under article 8.
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Old Aug 4th 2014, 10:01 pm
  #42  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by alfista1

All due to the government classing my wife and my sons mother as an 'illegal immigrant'?

I am know looking at Article 8 of the European Convention for human rights.
Look it up and it may be of interest.

The UK Government has never called your wife an illegal immigrant. In fact, from following your story, she was allowed to enter the UK as a tourist for 6 months without any type of visa.

You used this route in order for her to be in the country while YOU got yourself a job in order to fulfill the financial requirements. At the end of the 6 month period she is expected to return to Uruguay while her visa is being processed. She was allowed into the UK - in good faith - with this in mind.

Visa processing is taking about three to four months at present if all documentation is correct.

You were provided with all sorts of great information when you first came onto this forum asking for details of how to obtain a spouse visa. One of the ways you could have done it was to sell your foreign property to use the savings route. This you declined to do.

By the sounds of it you now intend to claim "unfair" or that your "human rights" are being violated.

You were earlier refused an L1 visa into the US, and then made redundant. Stressful and painful situations to go through; but now you seem to think that getting a spouse visa to the UK is your "right".

She should return to Uruguay and apply for her visa.
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Old Aug 4th 2014, 10:32 pm
  #43  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by SanDiegogirl
The UK Government has never called your wife an illegal immigrant. In fact, from following your story, she was allowed to enter the UK as a tourist for 6 months without any type of visa.

You used this route in order for her to be in the country while YOU got yourself a job in order to fulfill the financial requirements. At the end of the 6 month period she is expected to return to Uruguay while her visa is being processed. She was allowed into the UK - in good faith - with this in mind.

Visa processing is taking about three to four months at present if all documentation is correct.

You were provided with all sorts of great information when you first came onto this forum asking for details of how to obtain a spouse visa. One of the ways you could have done it was to sell your foreign property to use the savings route. This you declined to do.

By the sounds of it you now intend to claim "unfair" or that your "human rights" are being violated.

You were earlier refused an L1 visa into the US, and then made redundant. Stressful and painful situations to go through; but now you seem to think that getting a spouse visa to the UK is your "right".

She should return to Uruguay and apply for her visa.
1- I was not refused any L1 visa. The company never proceeded with the application.

2- of course human rights are being violated, more so my 4 year olds who is in the middle of this shambles. Doesn't take a rocket scientist to work that out.

3- I was warned against taking my wife in as a tourist, as it looked suspicious but they welcomed her with open arms not even asking her for a return ticket or funds.
Too many scaremongers out there. Of all the families who entered the UK without issues most will not comment on this forum. ONLY the ones who had issues which I imagine was probably less than 1%.

In good faith? Excuse me since when was travelling and being allowed into the UK with her British husband and son classed as good faith?

4- Yes it is taking longer than expected to find a job so YES it is UNFAIR that our family is going to be split up for more time and affecting a 4 year old more importantly. If a child is involved then we need to take further action if their well being will be affected hence the research into ECHR.
More people should be encouraged to fight for their rights as family members with children involved.
This should be a case for NSPCC for crying out loud.
I have both sides of my family on our side and looking for ways as not to unsettle our child any further.
He is in the best of our interests and we will not give up lightly.

yes maybe we hit dead ends and she has to go back in December and take our son out of education (again!) and splitting us up for a long time but for me to sit down quietly and settle for this as the only option is not an option.
There are couples out there who have fought and WON.

But of course if we hit dead ends I will make sure she does not overstay her stay here. She leaves.





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Old Aug 4th 2014, 11:13 pm
  #44  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

2- of course human rights are being violated, more so my 4 year olds who is in the middle of this shambles. Doesn't take a rocket scientist to work that out.
Nobody has a right to live anywhere, unless they are born there or have gone through the proper procedures. The country gets to decide what those procedures are. What's stopping you returning to your wife's home country?

In good faith? Excuse me since when was travelling and being allowed into the UK with her British husband and son classed as good faith?
Because she does not have a right to live here. They let her in 'in good faith' that she would leave at the end of her visa.

Yes it is taking longer than expected to find a job so YES it is UNFAIR that our family is going to be split up for more time and affecting a 4 year old more importantly.
So you're asking why someone who is unemployed and cannot support the people that he brought into the country should not be allowed to keep them here indefinitely?

I made the choice to move to the US just prior to these changes because I believed the financial requirements would be higher than they were ultimately, I don't regret that decision, nor do I whine about how I know cannot bring my wife back to the UK. The rules are the rules, they aren't going to change for one simple reason - they are immensely popular.

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Old Aug 5th 2014, 12:45 am
  #45  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Wow. The whole lot of you are being really insensitive towards alfista's situation.

Why is it that I, as a Maltese citizen can apply for any non-Maltese spouse I may have, an "exempt persons status" permit for their foreign passport, which is basically PR, and after 5 years, the spouse becomes a Maltese citizen by registration. The 5 years is of marriage by the way. So I can marry a Canadian and after 5 years of marriage, even if she had never stepped foot in Malta, she could get Maltese citizenship and passport.

As a Canadian, I can bring any foreign spouse into the country by getting them a PR visa, and they have PR upon landing in Canada, and citizenship by naturalisation after 3 years of residence in Canada.

Why does the UK impose these rather stupid restrictions on British citizens? Especially when any EU CITIZEN can bring their NON EU spouse to the UK WITHOUT financial requirements? But if your British? Sorry, you can't bring your spouse to the UK unless you earn xxx or have xxx absurd amount in savings.

Sorry but its just not fair to British citizens and their families.

Alfista, in light of the circumstances, instead of the whole lot of you going back to Uruguay, could your wife not just return whilst you find a job, and then when you do, could you not apply for a spouse visa then for her, enabling her to come back?
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