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British Citizen moving back to UK after 12 years in USA

British Citizen moving back to UK after 12 years in USA

Old Nov 29th 2016, 7:25 am
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Default British Citizen moving back to UK after 12 years in USA

Many thanks in advance for your help!

My sister moved to USA 12 years ago to marry along with her son who is also a British citizen. They now both also have US citizenship. My sister and her husband have just lost their house as he was ill earlier in the year and lost his job as a result. They have no family over in the US and life is very hard. They now want to return to live in the UK as all our family are here. My sister has worked legally in US for the whole 12 years she has lived there. They both intend to work when they return and don't envisage, due to the type of work they do, that they will have a problem finding work here in the UK. Is it correct that once my sister secures employment with a salary of at least £18,600 she would be able to apply for a visa to bring her husband here as well? I'm not sure if I read correctly but does she have to have been working here with those earnings for at least 3 months before he can apply for his visa to join her? He has a strong employment lead with high salary, is there anyway if he gets offered the job that he can apply for some type of work visa here in his own right? He was a US serviceman in the marines, does this make any difference to the rules on financial sponsorship or eligibility to live/work in the UK?

Also, my nephew is a British citizen with dual citizenship in the US. He married a Brazilian woman a couple of years ago in the US. Would the same rules as above apply to them when they move back here as well?

Many thanks for your assistance. We just want to make sure everything is done correctly and there arent things we havent thought about that weve missed!
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Old Nov 29th 2016, 8:01 am
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by Daerje
Many thanks in advance for your help!

My sister moved to USA 12 years ago to marry along with her son who is also a British citizen. They now both also have US citizenship. My sister and her husband have just lost their house as he was ill earlier in the year and lost his job as a result. They have no family over in the US and life is very hard. They now want to return to live in the UK as all our family are here. My sister has worked legally in US for the whole 12 years she has lived there. They both intend to work when they return and don't envisage, due to the type of work they do, that they will have a problem finding work here in the UK. Is it correct that once my sister secures employment with a salary of at least £18,600 she would be able to apply for a visa to bring her husband here as well? I'm not sure if I read correctly but does she have to have been working here with those earnings for at least 3 months before he can apply for his visa to join her? He has a strong employment lead with high salary, is there anyway if he gets offered the job that he can apply for some type of work visa here in his own right? He was a US serviceman in the marines, does this make any difference to the rules on financial sponsorship or eligibility to live/work in the UK?

Also, my nephew is a British citizen with dual citizenship in the US. He married a Brazilian woman a couple of years ago in the US. Would the same rules as above apply to them when they move back here as well?

Many thanks for your assistance. We just want to make sure everything is done correctly and there arent things we havent thought about that weve missed!
Welcome to BE.

Please have a read of this Wiki article to see just what is needed to bring your husband to the UK

Spouse Immigration-UK : British Expat Wiki

Yes the same would apply to your nephew.

It's the British Citizen who has to fulfil the earnings/savings part. If you have been earning more than £18,600 a year while in the US, and have a written job offer here in the UK starting within 3 months of your arrival then you can apply from the US and move together.

Last edited by mikelincs; Nov 29th 2016 at 9:23 am.
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Old Nov 29th 2016, 8:55 am
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by mikelincs
Welcome to BE.

Please have a read of this Wiki article to see just what is needed to bring your husband to the UK

Spouse Immigration-UK : British Expat Wiki

Yes the same would apply to your nephew.

It's the British Citizen who has to fulfil the earnings/savings part. If you have been earning more than £18,600 a year while in the US, and have a written job offer here in the UK starting within 6 months of your arrival then you can apply from the US and move together.
Has the timeframe changed? I thought it the job had to be starting within 3mths of arrival?
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Old Nov 29th 2016, 9:07 am
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by mikelincs
Welcome to BE.

Please have a read of this Wiki article to see just what is needed to bring your husband to the UK

Spouse Immigration-UK : British Expat Wiki

Yes the same would apply to your nephew.

It's the British Citizen who has to fulfil the earnings/savings part. If you have been earning more than £18,600 a year while in the US, and have a written job offer here in the UK starting within 6 months of your arrival then you can apply from the US and move together.
Does that 18,600 include non salary income such as pensions or investment income ? Any time frame on how long it would have to be earned ? Or if not earned, does a job offer on arrival in UK for same amount qualify ?

Just curious what would be usual timeframe for granting such a visa ?

Does it make a difference if non-British spouse mother of British citizen under age 16 ?
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Old Nov 29th 2016, 9:24 am
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by teza
Has the timeframe changed? I thought it the job had to be starting within 3mths of arrival?
Yes, three months, shows that you need to proof read before posting and going shopping straight away.
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Old Nov 29th 2016, 9:28 am
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by morpeth
Does that 18,600 include non salary income such as pensions or investment income ? Any time frame on how long it would have to be earned ? Or if not earned, does a job offer on arrival in UK for same amount qualify ?

Just curious what would be usual timeframe for granting such a visa ?

Does it make a difference if non-British spouse mother of British citizen under age 16 ?
not sure about investments, but pensions are certainly allowed, nationality of child is of no consequence except that if the child is moving as well, and is NOT a British Citizen, then the financial requirements are greater. BritinParis will, I'm sure, be along shortly to give you the information
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Old Nov 29th 2016, 10:59 am
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by mikelincs
Yes, three months, shows that you need to proof read before posting and going shopping straight away.
I asked because although you edited, as can be seen from my quote, you said six months, just don't want to confuse people
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Old Nov 29th 2016, 3:30 pm
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Default Re: British Citizen moving back to UK after 12 years in USA

If you already have a job abroad earning 18,600 GBP AND you have a job in the UK starting within 3 months of your return then you are able to apply for visa immediately and family travels to UK together.

If Brit citizen has no job to return to, then the Brit citizen returns to the UK, obtains a job, and after 6 months in said job, the applicant can then apply for the visa. When visa obtains the applicant enters the UK.

These are two very different scenarios.

Pensions/investment can be used to make up financial requirements.

Read the following document carefully to see how you qualify:

https://www.gov.uk/government/upload...equirement.pdf
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Old Nov 29th 2016, 5:01 pm
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by SanDiegogirl
If you already have a job abroad earning 18,600 GBP AND you have a job in the UK starting within 3 months of your return then you are able to apply for visa immediately and family travels to UK together.

If Brit citizen has no job to return to, then the Brit citizen returns to the UK, obtains a job, and after 6 months in said job, the applicant can then apply for the visa. When visa obtains the applicant enters the UK.

These are two very different scenarios.

Pensions/investment can be used to make up financial requirements.

Read the following document carefully to see how you qualify:

https://www.gov.uk/government/upload...equirement.pdf
Anyone know on average how long applying for such a visa takes ? Would it be appreciably less time than the SS approach I read about ?
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Old Nov 29th 2016, 7:03 pm
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Default Re: British Citizen moving back to UK after 12 years in USA

Originally Posted by morpeth
Anyone know on average how long applying for such a visa takes ? Would it be appreciably less time than the SS approach I read about ?
The UKVI websites usually quote 12 weeks - the timescales are not guaranteed and times change depending on where you are applying from.

At certain centres you can purchase priority service which can reduce the time to 4 to 6 weeks.

https://www.gov.uk/visa-processing-times
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