figthefox

I married an American in the UK and due to the nature of his job had to leave and live in the US. I have been living in the US for five years now, we have small children and in a couple of years we might have an opportunity to leave the US and live somewhere else. I would love to move back to the UK and live close to my family. He would be working away two weeks of every month working for a US company and I would be at home with the kids. Eventually I would like to work again but I would not be making enough to support us all. His job would be enough to support us. We would like to settle in the UK permanently. Can anyone offer information about where to start with this?

MidAtlantic

One thing to consider is naturalizing as a US citizen, if you have not already done so. You would then be free to return to the USA as necessary without any complications.

Novocastrian

Read the threads in the MBTTUK forum on the subject. In particular look at the financial requirements for UKC's to sponsor non-EU spouses.

From what you've said, your only chance would be to have savings of (or in excess of) £62,500 held in liquid cash funds for at least 6 months on the day you apply to sponsor your husband. Assuming you were born in the UK (which means that your kids are already UKCs) they don't add to the financial requirements.

Welcome to BE by the way.

SanDiegogirl

YOU, as the Brit, would need to sponsor your husband for a settlement visa.

His earnings in the US are irrelevant.

There are financial requirements. Read the following document to see how you would qualify - income, savings, investments can be used to meet the criteria.

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

verystormy

Will just add on the savings front, the amount doesn't need to have been held for 6 months if it is from the sale of a house

figthefox

Thanks for all the helpful input. Am I right in thinking that the kids and I would no longer be entitled to the NHS and we would have to pay for health care? The savings route is an option for us if we sell our house in the US. Yes, I'm a UKC and I would look into becoming dual US before we sell up. With the settlement VISA does he have an opportunity to become a UKC after a certain amount of time living in the UK?

mikelincs

As UK citizens you would be able to access the NHS from day 1 as you were returning to live.

SanDiegogirl

He could apply for British citizenship after living in the UK for five years and obtaining Indefinite Leave to Remain.

Novocastrian

No.

HKG3

Is your husband 'away two weeks of every month working for a US company' means that he is out of the UK?

If this is the case, he may be in danger of not meeting the residence requirement for naturalisation to become a British Citizen.

https://www.gov.uk/becoming-a-britis...ritish-citizen

Your children are likely to be British Citizens if you were born or naturalised in the UK. You should apply for their British passports now if not already done so.

https://www.gov.uk/overseas-passports

You may be able to claim child benefit for your British Citizen children once you are back in the UK.

https://www.gov.uk/child-benefit

You may also wish to consider paying voluntary National Insurance contribution to cover the years you are in the US.

https://www.gov.uk/pay-voluntary-cla...rance/overview

holly_1948

On the face of it, an American man would not need any visa to be present in the UK for two weeks every month provided he did not do paid or unpaid employment during those two weeks. Truthfully telling the immigration official at the airport "I'm here for two weeks to visit family".

But it would be necessary to keep detailed paper records of comings and goings and be certain never ever to spend more than half a year in Britain in any 365 day period. Bearing in mind that part days count as full days (7 nights is 8 days). The rest of the time wherever, for example split between USA, Middle East and the odd week on holiday (with you and the kids) in Spain. Just examples.

The good news is that there would be no liability for UK income tax. The bad news is that no progress is being made towards permanent residency or citizenship. Except accumulating savings to meet the GBP62.5k in liquid money requirement.

figthefox

Yes, he would be working outside of the U.K for two weeks of every month working for a US company. Two out of three kids have British passports but I need to get the baby one. Thanks for the links, lots to think about.

figthefox

If we did want to go down the VISA route is the family one the best option? Looks like he would be able to stay for 2.5 yrs to start.

HKG3

Have you, the British Citizen, consider moving to the Republic of Ireland before Brexit and exercise EEA treaty right in the RoI (as a self-sufficient person - remember to get health insurance) so that your husband can get an Irish EEA family permit?

Family Members of EU/EEA /Swiss Citizens

It is a cheaper way than the UK spouse visa.

holly_1948

It wouldn't help. The problem is that husband does not intend to be present full time. Only two weeks per month.