LindseyAnn

Hi, my daughter and myself (both British) returned from the US in 2011. My daughter was born here and then myself and US husband left when she was 18 months old to return. I had been working in the US, met my husband, and we returned here before my daughter was born, intending to stay till she was about 6 months old and return - hence my husband came to the UK only with a passport. At that time (1997) he then got a visa and permit to work, as we stayed longer.
So - we returned to the US, me with permanent residency. I never got my US citizenship (like I should have) and my Greencard expired Dec 2011.
I could not take living there anymore. My daughter was diagnosed with type 1 diabetes at a time when we were without insurance and you know how that is. We got a $14,000 bill for a 3 day stay in the hospital and we then had to struggle for the next 5 months trying to pay out of pocket for supplies/hospital visits etc. I broke my wrist and we had to pay for my surgery on a credit card. My husband had to give up his business he had been building up for 5 years so we could meet the income guidelines for my daughter to get CHIP, in Texas, this was out last resort. Even on this I was arguing constantly to get her supplies, the insurance would not pay on time and she would get down to hardly any insulin and pump supplies. My husband became very depressed and was visiting a clinic and was diagnosed with severe depression. During that time, I was working, taking care of my daugher, dealing with everything as some days he could not cope. My husbands family were not living anywhere close and could offer no support. After dealing with this for several years I could not take it anymore, I wanted a better situation for my child and needed family support. We let our house foreclose (as we wouldn't have got near the price for it, plus I would've had to deal with it all) sold our truck and myself and daughter came back in June 2011. I got a job in July 2011 but was laid off Aug 2012. The plan was for me to work, then my husband would follow. Well I signed on JSA for the first time ever, still haven't found employment (Teesside area) and don't see how I can satisfy the income requirements for a spousal visa. We haven't seen my husband since we left and I am living with my parents until I can find a job and get my own place. The only option I can see if for us to return to the US, but I really really don't want to at all - I was miserable there, there is no family support there, I have a child who is type 1 diabetic. My husband does have medical insurance now with his job but it only covers 90%, so we would still have to make sure we had the rest. I have a heart valve problem and my Aunt who had the same problem had to have hers replaced with a pig valve and we would never have the money for the 10% needed for such a surgery. My husband also suffers from bouts of depression still (not helped by our circumstances) so I don't feel that I could rely on him and the health insurance.
We have known each other since 1992 been married since 1997, and we spent from 1999 - 2011 together in the US. I understand that the income guidelines are $18,600 for a spousal visa, but in Teesside and in the job I am used to doing (Montessori Teacher) I cannot make this. I have looked at Montessori positions in London and they can make up to £20,000 but the cost of living is too high and we would not make it.
What are my options with regards to the spousal visa? I honestly didn't think too much about income requirements and the future when we left the US, I was more interested in getting home and my child's health situation.

Any advice would be greatly appreciated.

SanDiegogirl

To qualify for a spouse visa for your husband YOU have to be earning 18,600 per annum, OR you have to have savings/investments to make up the shortfall or you have 62,500 GBP where there is no income.

The guidelines are here:

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary


That's about it really, unless your husband has a job which can transfer him to the UK.

LindseyAnn

Thanks for this link. I was aware of the income requirements, its the income requirements in this area of England that are the issue. We actually do have the savings needed for the shortfall, aslong as we don't need to use any of it. I was in employment since leaving college, because I've worked as a Montessori Teacher in the USA and was making $40,000 with bonuses etc at my last job. Here Montessori Teachers make minimum wage in the North East of England. I have looked and applied for other types of work, but the job situation is so bad here they are only hiring those who they don't need to train. The advisor at the job centre told me that my CV was too professional and needing dumbing down, this was why I wasn't getting anywork - they are not interested in my 20 years worth of skills and abilities in teaching if I am applying for a retail job.
I have been turned down for jobs that I can do standing on my head and wouldn't normally touch with a barge pole and that is the situation here. It was great in the US for me jobwise, but with the added stress of the medical situation and having no support network, its harder to deal with.

LindseyAnn

I've just been looking at the wiki link at the top of the Spousal visa page. There aer exceptions to the rules and one of these is that if the person applying for the visa has a subsisting parental relationship with an under 18 year old who is in the UK, who is a British citizen and where it would be unreasonable for them to leave the UK.
Looking at this rule, I think this would also apply to us. My daughter is 16, is British citizen, and it would put us in a position trying to fund her medical needs if we had to return.
Can anyone comment on this or know of anyone that has applied for a visa with this exception?

thanks

SanDiegogirl

Please provide the link to the exception you are referring to.

rebeccajo

Zambrano

rebeccajo

If you've got the savings to make up the shortfall in income, then just do the application, get the visa and get him here.

His income from legal employment will count for future applications.

AngelaV

LindseyAnne, I know exactly how you feel. My story is somewhat similar to yours i.e. sick child, medical bills, unable to work etc. although my husband and I have never been separated, thank goodness.

We are currently doing the Surinder Singh route in Ireland so that we can get back home. It seems to be the only way that families like ours can get back into the UK. It was our only option but all going well, we will be back in the UK by November.

LindseyAnn

This is the wiki link I was referring to that I found on the Spousal Visa page on this website.

Exceptions
There are very few exceptions to these rules, the most notable are:

E-ECP3.3/E-LTRP3.3 where the British citizen must be receiving one or more of the following
disability living allowance
severe disablement allowance
industrial injury disablement benefit
attendance allowance
carer's allowance
EX1 the applicant has a genuine and subsisting parental relationship with a child who
is under the age of 18 years;
is in the UK;
is a British citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and
it would not be reasonable to expect the child to leave the UK
Note: Under this exception the route to indefinite leave is extended to 10 years! It is also not applicable to applications made outside the UK but does remove the requirement for you not to be in the UK in breach of immigration laws
People who are currently economically active in a different EEA country - this is known as the 'Surinder Singh route'
Parents of children who are currently living in the UK, with someone who is not the applicants partner may be able to enter as a parent rather than a partner. This looks like a loophole - treat with caution!

thanks for all the replies and advice. I have a job interview on Thursday so hopefully there maybe a good outcome. I loved the US and there is so much I miss there, but if you have ongoing or long term medical issues then it can be a nightmare living there and friends of mine have died because they couldn't get treatment.

SanDiegogirl

You would need to get professional advice on this exception since you would probably have to prove your case forcibly. I see one issue which could cause a problem and that is:

is a British citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application;

If I understand your case correctly you moved back to the UK in 2011, after several years in the US, so something to think about.

You say that your husband is now working and has health insurance which pays "only" 90% of bills. While I understand your reluctance to return to the US, that is very good health coverage. Many of the good group schemes have a limit of 80% coverage.

Dani89

Hello! I just had a question about the Surinder Singh route. My partner (BRIT) and I (US) are in the UK currently. I'm on a 6 month tourist visa. My partner has been applying for jobs left and right since we entered the country. 2 months later and STILL nothing. The plan was he'd find a job, by the time my 6 months is up we would marry in the states (we want to marry there for my family) and then it wouldn't be too long to wait before I can apply for the spouse visa for the UK. but now that 2 months has gone its going to be 2 months I'll be in america at least before I can apply! and that's if he gets a job reasonably soon. Every day that goes by is more time we will be apart and right after we marry! Who wants to spend their honeymoon alone huh? :/

So if this keeps up we will just have to do what you guys are doing! How long do you have to be in Ireland? and is there a form or something you have to fill out before you try to enter the UK? I can't really find clear cut rules for this route.

AngelaV

Hi Dani,

If you have a look at the post "My experience of doing the Surinder Singh route", there is some links there that will get you going with this. You have to be in Ireland for 3 months+ with the BC working at least 12 hours per week.

Dani89

Thank you AngelaV x

I'm hoping we will not have to resort to that. I'm so sick of feeling like our lives are always on hold and waiting. :/ But it's been brilliant having people such as yourselves online to help with all these processes and sharing experiences.