Where to Start?

Old Oct 8th 2017, 3:35 pm
  #1  
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Default Where to Start?

Hello - thank you for taking the time to respond to all these inquiries, I'm sure you receive the same questions numerous times!

I am a British expat with a UK passport. Been away for 30 years but am ready to move home. I am also a US citizen, married to a US citizen.

1. Do I need to apply for a visa for myself to return?
2. Do I need to be living in the UK before my husband joins me?
3. Do we apply for a spouse visa or a settlement visa for my husband?

We are planning on applying using the savings route vs the salary basis.

Thank you, very overwhelmed.
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Old Oct 8th 2017, 4:25 pm
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Default Re: Where to Start?

1. No, you just need a British passport.

2. No, or at least probably not. It depends on how you qualify to sponsor a visa for your husband. If you have sufficient income or sufficient liquid assets (cash in the bank) then you can get the visa ahead and travel together.

3. The visa you will need is a "family of a settle person" visa - you will be deemed "settled" as soon as you arrive back in the UK with the intention of living there.

To qualify to sponsor your husband you will need income of £18,600, OR £62,500 of cash savings, held for a minimum of six months (the six months is waived if the cash is the proceeds of selling property). The two requirements can usually be combined, BUT when prorating savings, only savings in excess of £16,000 can be included. So if you have income of £9,300 then "half" the savings would be £39,250 - being (£62,500-£16,000)/2 + £16,000.

FWIW if you have the pension income, then, unless you happen to have £62,500 lying around in a bank account, the income route would be easier, or equally easy, as qualifying based on savings.

Please don't feel overwhelmed, the process isn't as daunting as you might fear, and the BE members here have helped hundreds if not thousands of people navigate the process successfully. Ironically we hear relatively frequently of issues that people have experienced when they decided to pay a lawyer to "help" them with what was otherwise a very straightforward process for them and the family.

Last edited by Pulaski; Oct 8th 2017 at 4:45 pm.
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Old Oct 8th 2017, 4:30 pm
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Default Re: Where to Start?

1. No, you only require a valid British passport.

2. Not necessarily. If you can fulfil the financial requirements of your husband's spouse visa now then he can apply for a spouse visa and you can move together.

3. These terms are often used interchangeably. If you sponsor your husband for a visa based on your relationship then he will be granted a spouse visa. The correct option on the online application form is 'Settlement>Settlement>Husband'. After 2.5 years in the UK he can then apply for Further Leave to Remain for another 2.5 years. At the end of five years he will then became eligible for Indefinite Leave to Remain. Once granted he can then apply immediately for naturalisation as a British citizen.
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Old Oct 8th 2017, 5:29 pm
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Default Re: Where to Start?

Originally Posted by jackierichter
We are planning on applying using the savings route vs the salary basis.
You will need to have £62,500 worth of cash savings for at lease six months in order to satisfy the financial requirement.

However, if your cash savings come from a house sales, you will be exempted from the six months rule.

Another point - you may want to check on your own UK state pension forecast to see how much you will get in UK state pension and whether it will be worthwhile to make addition voluntary National Insurance contributions in order to get more UK state pension.

https://www.gov.uk/check-state-pension
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