Dallwright

My wife and I would like to move to the UK next year. My UK passport is on the way and now I would like to focus on the visa process for my wife. We are both currently living in the US. I have both US and UK passports.

Appreciate help on how to apply. Requirements to qualify. Whether it makes sense to obtain the assistance of an attorney or if the process is fairly straightforward. Also does it matter if we apply from the US or while residing in the UK.

We had both lived and worked in the UK during the 80s but from what I have read this doesn't necessarily support our case.

Thanks in advance.

David

SanDiegogirl

You, as the British citizen, must sponsor your wife for a spouse visa (settlement visa):

https://www.gov.uk/join-family-in-uk

There are financial requirements, together with accommodation and relationship evidence.

The financial requirements are below:

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

Basically, you have to show income or assets to be able to support your wife.

You have to apply for the visa from the US.

ukmancoll

Quick question: my wife and my three daughters are US citizens, BUT my daughters are also British citizens (have a British passport, etc).

Am I right in thinking that I just need to focus on the spousal visa with no children/dependents?

DigitalGhost

Yes but if your kids are still young and dependent upon you then the Home Office will take them into account when they assess your financial situation.

spouse of scouse

I don't think that's correct - if your children are British citizens then you only have to meet the financial requirements for your spouse, i.e. £62,500 savings or the basic salary requirements (don't know what they are sorry!) But I could be wrong

DigitalGhost

When my friend sponsored his then-new wife from America they took into account both the daughter he already had from a previous relationship and the child that his pregnant wife was expecting at the time.

He did only have to provide funds for his wife though but both the child and the child to be were mentioned in the application as dependents. Both of his kids have UK passports but obviously the younger one is a dual citizen.

spouse of scouse

Quite right, the kids have to be declared on the application. I don't think they have any bearing on the HO's decision to grant a spouse visa or not though.

DigitalGhost

I think with FLR and SET, the issue is whether or not you can prove that the person you're sponsoring will not be a burden on the country's finances. In my case it was an inland process and was simple enough because my girlfriend was working in the UK at the time herself so the requirements were minimal. I was actually between jobs at the time but they didn't seem to have a huge problem with it.

When you're sponsoring someone from outland though it is a lot easier when you are already in the UK and working yourself like my friend was otherwise you really need to prove that you have enough savings to support both you and the foreign partner as well as any of your other dependents.

spouse of scouse

That's why people have to meet the financial requirements initially, at FLR and at ILR, to prove that they have enough funds to support their spouse. British citizens, including children, don't enter into the financial requirements.

Pulaski

The process is quite straightforward so long as you can complete bureaucratic forms, so unless your wife has complicating factors, such as a criminal record, you shouldn't need to retain a lawyer to help you.

DigitalGhost

Oh, she may need to take the Life in the UK test as well. Britain is one of the very few countries that has an exam for PR as well as naturalisation.

BritInParis

That's at least five years away.

DigitalGhost

Aren't spouses eligible to apply for SET(M) immediately rather than go through the probationary FLR(M) visa first if they have been married to the sponsor for longer than a few years?

mikelincs

No.

DigitalGhost

I'm sure that was the case when we did it but admittedly that was a few years ago now.