britabroad2006

Good Morning!

I've read so many of the threads here over the years that I was surprised I didn't have an account... this is an amazing resource and the folks here are fantastic - I feel well informed mostly from direction given on here, so thank you.

I'm a Brit, living in the US since 2006 on a GC sponsored originally by a company. I married my wife, a US national in 2015. We are both planning to move back to the UK to live permanently and have temporary accommodation with family available whilst we organise our own place. Since 2016, she has been the main earner and is self employed. I have been consulting part time since then, but mostly volunteering my time to local small businesses. We have ploughed most of our savings into paying off our family home which we bought in 2011 in the US, which we now own outright. I do not believe I will meet the financial requirements under categories A/B/F/G since my recent earnings in the US fall below the 18.6k/yr threshold, and my understanding is also that I cannot combine cash savings (Cat D) with self employed earnings to make up any shortfall anyhow. I do also have 2 written offers of contract employment - both of which are open ended and can start at any date - which exceed the 18.6k threshold, one from a US based company (who is happy for me to be in the UK and telecommute) and one from a UK based company.

Through repeated suggestions on here - I'm very well acquainted with Appendix FM section 1.7 - but not so sure that my understanding is perfect, so have a few questions to ensure we make our application in the best way.

1 - Is my understanding correct, in that my offers of employment only meet part of the requirements for categories B/F, as I cannot show sufficient earnings in the prior 12 months?
2 - And if I were to take one of the job offers now, and work it for 6 months whilst in the US, would I then have sufficient evidence to meet both requirements? (Or do I just need to work long enough to make 18.6k, if the time is shorter?)
3 - Alternatively, according to my understanding of section 7.4.10, we could sell our house, and if the proceeds after all taxes and fees etc exceed 62.5k, I would meet all requirements necessary? But there is no way to use this equity to start the application process - so we need to make the sale before applying?
4 - Lastly, if we go the house sale Cat D route - do I need to have selected one of the job offers? Or are they not required if using Cat D?

I hope I've provided enough info, if not, please let me know... and thank you in advance for any assistance!

SanDiegogirl

1. Yes.... to apply under Cat B as returning from overseas one has to have earned 18,600 GBP in the prior 12 months.
2. If you were to take a job in the States for minimum of 6 months, which would mean that you earn 18,600 GBP in 12 months AND have a job to go to in the UK then you could apply under Cat A. If you want to apply under Cat B (less than 6 months and returning to UK) you need to have a job in the UK and prove you have earned 18,600 GBP over past 12 months.
3. Yes you need to sell you home and have the proceeds under your control before you make the application
4. If you go the savings route and have 62,500 GBP to meet the full financial requirements, you do not need a job either in the US or the UK

britabroad2006

Thank you SanDiegogirl!

After parsing all your responses, and further reading on the specified evidence required, I believe I could not apply under Cat A or B, as all my earnings have been (and would continue to be) through what would be classed as self-employment - I have taken that to mean that I pay all taxes etc myself, and bill my clients hourly/project-based, being a sole-prop consulting business.

It also appears that there is no way to use a 'snapshot' of recent earnings for Cat F or G - as both need full financial years documentation - so anything that has been earned in this financial year, would not be able to count until the end of this year - am I reading this right?

Thanks again for your time

mikelincs

Have you got US citizenship yet, something that, if you haven't, will make it easier to visit, move back to the US later.

britabroad2006

I have not - I have not yet been married for 3 years (although soon will be) and have had green card for not quite 5 years either.

Would my wife reapplying to sponsor me to move back to the US in the future become harder with my having a history of abandoning prior residence?

SanDiegogirl

Correct.... if all your income is derived from self employment then you cannot apply under Cat A or B.

You need 12 months full financial year documentation to apply under Cat F or average of two years financial records for Cat G

SanDiegogirl

No... it is just that you start all over again with the immigration process.