cynsleigh

Hi. We r moving to the uk. My hubbie is a Brit cit. He lives here in the US with me and my child. I hear that the income requirements are over £22,000. He will be going over there a few months before me and our child so he can set up house. He already has a job making £32,000. Over here he has made in the past 12 months just under £1000 pounds of the £22,000. He has only about $8000 saved. Problem is we have to file the visa before Dec 22 when our daughter turns 18. So he can't move over there for 6 months before applying for the visas. Does this sound doable. Or r we out of luck. We r short by so little. I would think they will see what he will be making and his savings and income and it should be ok. He has to go back with or without us I am so worried that we might have to divorce. Please help. Thanks.

WEBlue

See page 6 of this document, Cynsleigh. The income requirement is exactly £22,400 income for your husband to sponsor you and your US citizen child.

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

This is unclear. He earned less than the £22,400 in the last 12 months? How much less? As I understand the new financial rules, he needs to have at least £16000 in cash savings as a baseline PLUS an additional 2.5 times whatever the amount he's lacking in income. Read through section 5.3.2 on pages 9 & 10 of the link above (the savings multiplier is on p. 9).

You and your husband need to study this financial requirements very carefully and crunch your income and savings numbers. You may not have enough in savings at present to make up the shortfall.

I hate to say this, because I know you don't want to hear it, but UKBA are very strict. From all I've heard, being short by "just a little" will most likely result in your application failing.

holly_1948

If your husband was born in the UK and is named on her US birth certificate then she is a UK citizen (regardless of when you married). If so she can get her own UK passport and, once she turns 18, she is not a dependent, not part of the equation. This allows you to defer the visa application until you all qualify.
That is to say with her UK passport she can move to the UK independently of you, at least as regards paperwork.
Even if your husband is a citizen by descent as long as one of his parents was born in the UK you should be able to get a UK passport for her. Or rather I should say - she can get one for herself!
By asserting her rights as a UK citizen she does not lose her US citizenship until / unless she joins the British Military forces. She will then need both passports, because the US requires its citizens to use a US passport when leaving the country.

Oh, I'm sorry, I just picked up that you wrote "my child" rather than "our child".
I think you need to talk with a UK immigration attorney quickly. He may need to formally adopt her before she turns 18 (I'm not sure about this, you need professional advice soonest).

holly_1948

I meant talk with a UK immigration attorney quickly, specifically about possibilities of a UK passport for your daughter.

Sorry I was too late to merely edit the post.