emma4

Hi All,

I am British by birth (born in the UK), I have lived in the USA 10 years.
I have a daughter with a USA and UK passport, (she is a British citizen by birth to me, although born in the USA). My partner (her dad) is American, we have been together 3 years. We are wanting to move to the UK. I just want to double check what is the best visa to apply for him would be?

We are not married or engaged, but can be if it helps?

We both work full time in the USA and can not transfer jobs from the USA to the UK. We will not be moving until December this year (hopefully).

Any advice welcome, we understand he may not be able to work straight away but we want to move home as a family and not be split up.

Thank you.

BritInParis

Unless your partner has recent British, Irish or other European ancestry then the normal way for him to immigrate to the UK would be on a spouse visa. You don't need to be married providing you can demonstrate you have been in a relationship akin to marriage for at least two years but it will make the paperwork less onerous if you do decide to marry before making your application.

You, as the British citizen sponsor, will need to meet the requisite financial requirements in order for your partner's visa to be issued. In short, you need to have been earning at least £18,600 p.a. for the six months prior to making the application AND have a job offer in the UK starting within three months of your proposed return earning at least £18,600 p.a. Alternatively if you are selling a property in the US before moving back then providing the profit is at least £62,400 and you have owned the property in either of your names or jointly for at least six months then you can use this to meet the requirements. There are alternative methods to meet the financial requirements but these are the most commonly used routes. More information is available on the wiki. Your partner can start working in the UK immediately on a spouse visa.

SanDiegogirl

You asked many questions regarding your financial situation in October 2016.

Has your situation changed?

Then, you had worked in the US but could not show 18,600 GBP over the past 12 months, and you did not have a job to go to in the UK.

Your options then were:

- savings of 62,500 GBP
- YOU, as the Brit sponsor, moves to the UK, obtains a job of 18,600 GBP per annum and after 6 months apply for the visa.

Unless you can show you have earned 18,600 GBP within last 12 months AND have job to go to OR you have the necessary savings, you cannot move over together as family.

emma4

Thank you BritInParis.

SanDiegogirl, I apologies for asking yet again, it is confusing to some of us. I had asked prior if anyone recommended a lawyer to help because it is confusing, I was told I could ask as many questions on the same subject and not to get a lawyer because people on here are happy to keep helping.
When I asked back in October I was on maternity leave and clearly not earning money for a period of time while I was on leave, I had questions that I did not understand. I am now back at work earning again, so in a way, yes my situation changed, if I am doing this alone then yes I want to make sure I am doing it properly.
The earning of 18,600 GBP equivalent states it is for 6 months like BritInParis quoted, you have said it is for a year, so with me having a maternity break in the midst of that, yes I am still confused and have many questions, sorry.

SanDiegogirl

Whether you have to produce payslips for 6 or 12 months depends on which financial category you qualify for.

Read the following document carefully to see under which category you can apply.

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

If you want to be able to apply for the settlement visa for your partner from the US using income, then Categories 5.2. and 5.4 apply to you. Note, that these categories also require that you have a job to go to in the UK starting within three months of your return as well as your job/income requirement in the US.

You can add savings to any income shortfall.

If you cannot fulfill the financial requirements from the US then YOU, the British sponsor, must return to the UK, find a job earning 18,600 GBP and after 6 months then apply for the visa.