BtotheR

So we are looking at the possibility of moving back to the uk (back for me as I am from there) and I can only do it if my partner of 13 years and 3 month old baby can do so too. For baby she should be able to get a uk passport.

For my partner it is more complicated and the U.K. Government website is very confusing. So it looks like we need to get her either a spouse or visa. But to do this it gets confusing - it looks like I have to go back and get a job that pays £18600pa to support ourselves and/or £68000 in the bank.


So does that mean as long as of course she has no criminal convictions, health issues etc - if we have money in the bank from selling out house that there is no reason we shouldn't get the visa? One friend in a similar situation was put off as he thinks he has to go to the uk on his own for 6 months to get work sorted before his kiwi wife and baby can join him - which he isn't willing to do.

We are both in our mid 30s and she works as a payroll manager here so she should look a good prospect.

Anyone had this experience and been through it as the website is horrendously confusing!!

Many thanks in advance.

MrsFychan

I would suggest you have a read and possibly post this in the Returning to UK forum,
Citizenship/Passports and Spouse/Family Visas (UK) - British Expats

mikelincs

Yes, you are getting very confused as is your friend. The financial requirements are an income of £18,600 a year for 6 months, that is true, but if you are earning that in NZ, and can get a job paying that to start within 3 months of arrival in the UK then you can just apply for the visa, you can even travel together as you are deemed to be 'settled' in the UK as soon as you arrive there. The savings requirements will only be £62,500 as you do NOT need to include your child who, as long as you are a British Citizen other than by descent, is automatically a British Citizen. The money, if from the sale of a house, does NOT need to have been in your bank account for the 6 months and can be used in the application as soon as it is in your account.

leandra21

I don't know your background and what is pushing this move but from personal experience I would recommend to hang on to the property in NZ. The reality is you don't know if your wife will like living in the UK or if you will settle back.There are so many posts (not only on this forum) of people that ends up ping ponging between countries.With your job you should be able to get a salary of £18,600 without the need of selling your property.Once back and settled for a few years than you can really say that the move can be "for good".

BtotheR

Thank you Mikelincs! You make far more sense than the website that seems to be vague and filled with sublinks that you can get lost in trying to understand if it applies to you or not. Looks like we would family or a spouse visa for my partner. But you beleive we can fly to the and then apply for the visa once I have a job that pays over this £18600 amount? Seems quite risky as what happens if for some reason I don't get the job - would she be deported after the 3 months?
Also with the £62500 savings - obviously they check in this to see that you haven't just borrowed it but you think they will recognise money from the sale of our house as OK?

I guess our situation is more complex as I am freelance here in nz but if I had to I would get a job over there to meet the criteria. It's really annoying as the British consulate here in nz won't answer any questions like this and refer you to the one in the uk.

Frustrating as each case has its individual elements and situations of which the guide online do not answer specifically. I guess we just want to be sure before we do anything major that we will be able to do it or not.

Thanks again.

BEVS

I will move this into our UK forum for you. There are lots of folk in there that will be able to help you with this, having been there and done that.

BritInParis

If you sell your property and you make more than £62,500 from the sale of the property then you can apply immediately for a spouse visa from New Zealand which will allow both of you to travel together to the UK with your child once the visa is approved.

mikelincs

No, she will have to have the visa BEFORE she travels. You will have to show some proof that the money is from a house sale.

Inselaffen

As you are freelance (self employed) you will need to provide your last 12 month's financials to prove you have been earning at least GBP18,600. You will also need a job offer for a job earning GBP 18,600 which will start within 3 months of your intended arrival date.

It would probably be simpler in your case to sell your house and use the savings route.

also was either of your partner's parents born in the UK?

BtotheR

Thanks Inselaffen. Unfortunately no - she is South African born so that doesn't help. Humm yeah the job offer part is a real drag as my work is not the sort you get a job offer. Would potentially have to go back to my old line of work for a while to do this.

Food for thought thank you. Have you been through a similar situation?
Cheers

quiltman

Just to add, the only other way is for you to return to UK and get a job paying £18,600 , then after 6 months she can apply for a spouse visa but this MUST be applied for outside the UK. you cannot come to UK on say, a visitor visa , and apply to change to a spouse visa.
So, the easiest way is sell the house and use the savings route , but you will need to have accommodation in the UK to come to - relatives, rental property etc and there are various rules regarding the suitability of the accommodation.

BtotheR

Thanks BritinParis - that said do you mean then there is no worry about the job offer/income proof or as well as?

SanDiegogirl

You should read the following document carefully, to see the options for qualifying under the financial requirements:

https://www.gov.uk/government/upload...ment_Final.pdf

IF, you have savings/cash assets of 62,500 GBP then you do not need to prove you meet the financial requirements through employment income.