Colorfulcool

Hello, I am new to the forum. I have a lot of questions about moving to Scotland with my husband.

I am married to a British man. We lived together a couple of times in Scotland at his home. And we have moved to the USA because my family is here and i thought it would be better for us. Now my husband wants to move back because he lost his support services when he moved away from Scotland.

I'm just wondering how it work to move back, if he is living here with me in USA. I know he needs a certain amount of money in the bank for the financial requirements. But we don't have that amount as we are both on disability from our countries. We have Aspergers syndrome and need a lot of support.

He was on disability in the UK and I have read they have an exemption for people who receive disability benefits. Am I right? Can he still have his exemption if he is not living there now? He doesn't want to leave me alone, but we don't have a lot of information yet...

Please any information would help me.

Thanis90

Welcome to the forum.

I believe you would be looking to go down the route of Adequate Maintenance (like myself and my husband), rather than to try and meet the Financial Requirement.

https://www.gov.uk/government/upload..._8_Annex_F.pdf

This gives you a lot of information about it. I used it a fair bit.

I'm sure a more experienced member will be along to help you soon though if you have any specific questions.

Good luck!

SanDiegogirl

You can only claim exemption from the financial requirements if you are on certain disability benefits at the time you make the application.

If you now live in the US and do not receive these benefits then you cannot apply under Maintenance and Accommodation rules.

Does you husband receive UK benefits currently?

Nutmegger

A little off topic, but how long has your husband lived with you in the US? Did he come in on a spouse visa? I ask because it might be worth thinking about him obtaining US citizenship before moving back to the UK (if he has been in the US long enough to be willing to wait before moving back), so that in future you would be able to move back and forth freely.

Are the British authorities aware that he is living in the US? I had a feeling that living overseas had an effect on UK benefits.

Colorfulcool

Hello thank you for your answer. I had a feeling that we wouldn't be able to use his benefits as he lost a lot of help after moving here. I was actually hoping they might take it into consideration that he was on a lot of support services and disability benefits when he lived there. I'm afraid he might have to go before I am able to join him but we're really trying to see if there's anyway we can avoid that. Thanks for your help.

Colorfulcool

I would really like it if my husband stuck around in the USA with me so he can get his citizenship here. He did so much to get here, and so did I. It's been a very difficult journey but he really is afraid of staying here as we can't get a social worker or any real services for autistic adults.

Colorfulcool

Thank you for answering me, and I have been reading a bit about the adequate maintenance requirement but it is very difficult to understand. Do you think that it would be better to get help from a lawyer? I'm wondering if that is the best way.

mikelincs

The problem he will find is that the criteria for benefits has become a lot stricter since he left and many people who were in receipt of benefits have lost them, or a big proportion of them, and support services have been severely cut as a result of government cutbacks.

Thanis90

I'm not in a position to advise you, but I can tell you about my own experience.

I am going to be honest... Myself and my husband went down the route of a lawyer because we thought the process was incredibly complicated and we hadn't the first idea about anything to do with immigration other than the bits and bobs you hear on the news. (We hadn't found this forum at this point)

Our *so called* immigration lawyer didn't even know about the Adequate Maintenance route. We paid £1000 for their services and all they told us was that I didn't earn enough to meet the Financial Requirement and to contact them again when I did, and that they'd leave my case open indefinitely. (To be fair, there are probably better lawyers out there...) It took for me to find out about it on a forum similar to this... Once I pointed them in the right direction the application finally got moving... (Almost 2 years later...)

The folk on this forum are very helpful and in some cases know more about the application process. About 90% of the knowledge I have now is from browsing this forum. I got barely anything out of our lawyer.

Consider a lawyer to be a mail man/middle man in this situation. You pass them all the correct documents and they send them to the Home Office. I see a lot of people posting their situation and their own checklist based on their circumstances for more senior members of the forum to look at and make sure nothing has been missed. Basically that's what you'd be paying a lawyer to do.

It's up to you, but have a good look into it and ask questions, browse the IDI documents online as well. They are awfully official looking, but most, if not all of the information you need is there somewhere or has been asked already on here.

Good luck!

Nutmegger

Rather than spending the money on a lawyer, do you have a family member who is good at paperwork and would join you in researching and then check the forms over with you? It is perfectly possible for the layman to do this, but if you want a little reassurance that might help you. And of course, come back here to post any questions. Good luck!

With regard to getting assistance for your husband, have you been in contact with an of the volunteer service organizations, such as Autism Speaks, to see if you they might have any tips to help him to settle in the US?

calman014

Hello.

From my own knowledge and experience I would say that the USA probably has more support groups, knowledge, research and resources for Autism, Aspergers and related conditions than many other countries. I would encourage you to do some exhaustive online research first. It could be that there are better resources or even support groups in another state for example.

Try looking at autism.com as a start point.

Good luck!

SanDiegogirl

As stated, your husband cannot apply for a spouse visa for you under Adequate Maintenance and Accommodation, unless, at the date of the application, he is receiving one of the following disability benefits:

 Disability Living Allowance.
 Severe Disablement Allowance.
 Industrial Injury Disablement Benefit.
 Attendance Allowance.
 Carer’s Allowance.
 Personal Independence Payment.
 Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
 Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.

Benefits he might have received in the UK when he was previously living there will not be taken into consideration.

Even if he returns to the UK he will not receive immediate benefits but will need to be be assessed. This could take several months.

Below is an explanatory document for applying under Adequate Maintenance and Accommodation.

https://www.gov.uk/government/upload...Annex_1_7A.pdf

While a lawyer might explain this route, you are not going to be able to use it while your husband lives in the US.