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American moving to UK with British Husband, a few questions

American moving to UK with British Husband, a few questions

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Old May 22nd 2014, 11:10 pm
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Default American moving to UK with British Husband, a few questions

Hey there,

I know these questions have probably been asked a million times, but can I ask real quick? I've looked at some threads, but just need some direction.

1. From everything I read on here, there will be no immigration issues for my husband becoming a US citizen, in regards to losing his UK citizenship. He CAN have both, from what I've read on here. I've never found that information on any "official" site, and want to know if anyone else has? I'm so nervous to have him lose his UK citizenship if/when he applies for his US citizenship. We are planning to move to the UK within the next year.

2. I've read the spouse visa info on the UK government site, and it makes it sound like both partner and applicant's income will be used to determine if one meets financial requirements when applying outside the UK. This site says it won't. I guess I'm reading the government site wrong? (It's not the easiest to understand!)

3. We are planning on being able to prove my husbands income for the spouse visa. BUT, my husband will be moving a month before me, to get everything ready for me and the kids. What would happen if I went over without a visa, then applied while there, before the 6 months is up? Would that be a workable scenario? If so, why don't more people do that?

Okay, those are my questions for now!! Thanks in advance for you thoughts!
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Old May 22nd 2014, 11:15 pm
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Default Re: American moving to UK with British Husband, a few questions

He will not lose his UK citizenship if he becomes a US citizen. One does not recognize the other but it makes no difference; you can still have both.
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Old May 22nd 2014, 11:23 pm
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Default Re: American moving to UK with British Husband, a few questions

Originally Posted by georgia2011
Hey there,

I know these questions have probably been asked a million times, but can I ask real quick? I've looked at some threads, but just need some direction.

1. From everything I read on here, there will be no immigration issues for my husband becoming a US citizen, in regards to losing his UK citizenship. He CAN have both, from what I've read on here. I've never found that information on any "official" site, and want to know if anyone else has? I'm so nervous to have him lose his UK citizenship if/when he applies for his US citizenship. We are planning to move to the UK within the next year.
There's been no restrictions on British citizens holding multiple citizenship since 1949. Here's the official answer.

2. I've read the spouse visa info on the UK government site, and it makes it sound like both partner and applicant's income will be used to determine if one meets financial requirements when applying outside the UK. This site says it won't. I guess I'm reading the government site wrong? (It's not the easiest to understand!)
Only income from the sponsor (your husband) will be considered when you make your initial application if you are relying on salaried earnings.

3. We are planning on being able to prove my husbands income for the spouse visa. BUT, my husband will be moving a month before me, to get everything ready for me and the kids. What would happen if I went over without a visa, then applied while there, before the 6 months is up? Would that be a workable scenario? If so, why don't more people do that?
You will need to apply for your visa in the US and you will need to hand over your passport when you do so. You will need to move together once you have your visa or let your husband go ahead and you follow on.

Last edited by BritInParis; May 22nd 2014 at 11:34 pm.
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Old May 22nd 2014, 11:32 pm
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Default Re: American moving to UK with British Husband, a few questions

You need to read the following document to see how your qualify under the financial requirements:

https://www.gov.uk/government/upload...e_20140324.pdf


As far as income is concerned i.e earnings its only your husband's which will be taken into consideration. There are various scenarios which can be considered for the financial requirements - its all according to your own circumstances.

A couple of scenarios. If hubby has been currently earning over the 18,600 per annum while in the US AND he has a job to go to in the UK starting within 3 months (again over 18,600 pa) of returning then that would qualify you; and you could apply for the visa now. If not earning enough currently then he needs to return to the UK, get a job earning 18,600 or over and then after 6 months apply for your spouse visa.

If no income then you have to have savings/investments to qualify.

You can't enter the UK as a visitor and then switch to any other visa.
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Old May 23rd 2014, 5:40 am
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Default Re: American moving to UK with British Husband, a few questions

Originally Posted by georgia2011
Hey there,

I know these questions have probably been asked a million times, but can I ask real quick? I've looked at some threads, but just need some direction.

1. From everything I read on here, there will be no immigration issues for my husband becoming a US citizen, in regards to losing his UK citizenship. He CAN have both, from what I've read on here. I've never found that information on any "official" site, and want to know if anyone else has? I'm so nervous to have him lose his UK citizenship if/when he applies for his US citizenship. We are planning to move to the UK within the next year.
No, there is no concern with holding both. Just beware that there is an ever increasing number of US dual nationals in Europe who are renouncing their US citizenship as they are finding it ever more difficult do such simple day to day tasks as open a bank account, be given a role with corporate oversight responsibilities or find a non-citizen willing to marry them. I guess in your case this is outweighed by your ongoing ties to the country.

Originally Posted by georgia2011
2. I've read the spouse visa info on the UK government site, and it makes it sound like both partner and applicant's income will be used to determine if one meets financial requirements when applying outside the UK. This site says it won't. I guess I'm reading the government site wrong? (It's not the easiest to understand!)
To be specific. Earned income from employment is restricted to the British Citizen's earnings for the first visa application. Once you have a valid visa with right to work in the UK, then your earnings will also be taken in to account. Savings and unearned income (pensions, rent, interest, dividends, insurance settlements etc.) in both names can be used for the first and subsequent visas.

Originally Posted by georgia2011
3. We are planning on being able to prove my husbands income for the spouse visa. BUT, my husband will be moving a month before me, to get everything ready for me and the kids. What would happen if I went over without a visa, then applied while there, before the 6 months is up? Would that be a workable scenario? If so, why don't more people do that?

Okay, those are my questions for now!! Thanks in advance for you thoughts!
Firstly, you would have to leave the country to apply for the visa - you can;'t do it from within the UK if you are here as a visitor. Second, there is a chance that the guys at passport control would refuse you entry, lock you up for a few days and put you on a plane back to the states. (See http://britcits.blogspot.co.uk/2013/...spouse-of.html for one of our own member's wife's stories, she was trying to visit the UK on their way to Ireland where they wanted to move in together)
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Old May 23rd 2014, 8:12 am
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Default Re: American moving to UK with British Husband, a few questions

Originally Posted by englishguygoinghome
No, there is no concern with holding both. Just beware that there is an ever increasing number of US dual nationals in Europe who are renouncing their US citizenship as they are finding it ever more difficult do such simple day to day tasks as open a bank account, be given a role with corporate oversight responsibilities or find a non-citizen willing to marry them. I guess in your case this is outweighed by your ongoing ties to the country.
Really? Although there's a lot of comment relating to these renunciations, they represent only a tiny minority (a few thousand, compared to millions of U.S. citizens overseas). And probably more a reflection of greater awareness of the tax and financial filing obligations of U.S. citizens, which not everyone wants to do.

There have been some cases of U.S. citizens having banking problems in Switzerland, mainly due to U.S. government action against Swiss banks for involvement in large scale tax evasion. This is not the case in the United Kingdom or most other places. As for U.S. citizens supposedly being unable to find a non-citizen willing to marry them? That's wandering into scaremongering ...
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Old May 23rd 2014, 2:01 pm
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Default Re: American moving to UK with British Husband, a few questions

Thanks for all the input!

We know there will be difficulty with taxes and other issues having both citizenships, but we do feel that him being able to come and go between the countries without possible problems to his green card is worth it. My husband's family is in Scotland, mine is here, we have 2 kids that may one day choose to live in the country that we are not, and so we will always be traveling between the two, I'm sure.

I figured the scenario of going over on a visit, then applying for a visa wasn't likely, or else that's what everyone would do! We just barely meet the financial requirements at the moment, and my husband may have a job change next month, which would mean the 6 months would start over!

We were hoping he'd move over there around the beginning of December to begin his job there, then I'd follow a month later with the kids. But, if he begins a new job the beginning of July, it sets us back some. He could go over the first of January, the only problem is I can't apply for my visa until then, and we all know how long getting that can take!!

We've dealt with immigration issues since we got married, nothing new that its complicated, costly, and a pain in the behind!
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