Indianabound

I moved to the US in 2009 from the UK on a work-visa. Since then I have got married to a US citizen and we had a child 3 years ago. I have also become a US permanent resident.

We are considering moving to UK to be closer to friends and family. I work for an international company and would be able to continue my current job in the UK. My wife is a Registered Nurse, working part-time currently and raising our son.

I'd like to get some advice from members of the forum who may have been in a similar situation.

What would we have to do/criteria we would have to meet to move to the UK? I am a British citizen but my wife and son are US citizens.

Thanks
AT

BritInParis

If you were born in the UK it is likely that your son is also a British citizen. You only need to apply for his passport.

https://www.gov.uk/overseas-passports

Your wife however will need a visa. The main bugbear with the current rules regarding spousal visas is that you must have been earning the equivalent of £18,600 in the US for at least six months before you lodge your application and have a job offer in the UK that will also pay a minimum of £18,600. Providing you meet these financial requirements the rest is fairly straightforward.

http://www.ukba.homeoffice.gov.uk/vi...led/spouse-cp/

If your wife has any recent British, European or Commonwealth ancestry you may wish to investigate the possibility of her obtaining a British/Irish/EEA passport or UK ancestry visa to avoid the fees and restrictions that come with partner visas.

Englishmum

Whatever you do, apply to be a US citizen before you leave! It costs approx $800 and you can get it really quickly.

I applied for mine in on 9th May 2012 and became a US citizen on 22nd August the same year You don't need to file via an immigration attorney, I just downloaded the application form online and sent it off via FedEx with my photos and a cheque drawn on my normal checking account. Easy peasy (the questions at your interview are not difficult at all).

There are other threads on the forum about the income requirement (I think you need to earn approx 18,500 pounds per annum) to bring your non-EU spouse into the UK but as you seem to have a senior position I imagine that you comfortably meet that.

Do look around on the 'sticky' sections at the top of the page for more info on how to apply. I will post the links for applying for your US citizenship if you wish (need to see to something cooking right now lol!)

Indianabound

Thanks for the replies

Yes, I was born in the UK - so it sounds straight forward for my son.

Unfortunately my wife has no UK, Commonwealth ancestry so we would have to go the visa route...

Regarding a spousal visa - is the GBP18,600 amount her income or would mine count? Could we all move if I had a job in the UK arranged but she did not? Currently her income alone is short of that figure (as she works part-time) although we could workaround that (work more hours prior to applying to meet that equiv amount)

Thanks again for the advice
AT

BritInParis

Only the British spouse's income is counted at this stage so your wife's current income is irrelevant. Providing you are currently earning above £18,600 in the US and will continue to do so in the UK then you will meet the requirements. Your wife can choose whether she wants to work in the UK or not. If she does then it will counted towards the financial requirements if you decide to apply for her Further Leave to Remain after two and a half years.

ncoomber

Hello Indianabound,
I just applied for Brit passports for my three young US born kids with no problems. You have to have someone in the UK certify that they know you. And send the application and supporting docs to Durham. It was very fast. We had the passports within two or three weeks.

Like you I plan on moving back to the UK this summer (from VA) with US wife and the three kids. I've lived in the US for 27yrs so its a huge decision for us. The visa is causing me a lot of stress. If you have a job to go to then you should be ok. I will have to use the savings route which is huge (we have to have 62.5K pounds tied up in a bank for six months). I am sorting through all the docs I need right now. You can not apply before 3 months before you leave which I find annoying because I would like this done so that I can focus on selling the house, shipping, schools and all the other important things.

Good luck,
Cheers
Nigel

SanDiegogirl

So you are effectively being transferred back to the UK. If your current post earns more than 18,600 GBP per annum and your job in the UK will earn that amount or more AND it starts within 3 months of your return then you are all set to apply for the visa.

It's only your income which counts, not your US wife. Presuming your son can obtain UK citizenship (you as his UK father and him born in the US makes him British by descent) then its only your wife who needs a visa.

Start here:

http://www.ukba.homeoffice.gov.uk/vi...ners-families/

Bob

No you don't. They can also be USC's.

DebzinUS

Something else to think about. If your wife wants to continue nursing she will need to register with the Nursing & Midwifery Council. This can be a long and drawn out process. The minimum education requirement is a BSN.

englishguygoinghome

Nigel, they have relaxed a number of the rules around this in the past 9 months. You now only need the cash tied up in a bank account by the time you apply as long as you can prove it has been your money, under your control for at least 6 months in the form of other, now liquidated, investments (as per the latest changes this is now including property sales).

Hope that makes your life a touch easier?

Indianabound

Thanks for your reply... What's the main thinking in getting US Citizenship before moving back to the UK?

If I were to get it (like you have) does that mean dual citizenship? I would want to keep my British citizenship so not sure what having US Citizenship would mean. It is an option my employer has suggested is available if I am interested.

Thanks!
AT

Bob

Because you can't get it other wise.

And yes, you'd be a dual citizen.

gal122

Hi,

I'm also a UK Citizen but currently living in NZ with my kiwi husband. I'm considering a move back to the UK due to a number of reasons. Does it really matter if my husband doesn't work whilst on a spouse or ancestry visa (providing I have a job to go to in the UK)?

Thanks,
Claire

SanDiegogirl

No it does not matter. It's YOU that needs to have the job and the necessary financial requirements.

ncoomber

Thanks enlishguy.....I cashed in my 401k last year when I decided to make the move back. The slight relaxing of the rules will help some. The whole thing needs significantly relaxing in my opinion. Getting a visa to live with your wife or husband in your own country just shouldn't be so difficult. I realize my situation is far better than a lot so I shouldn't complain. I will once I get back to Yorkshire write to my MP and will encourage friends and family to do likewise.

Someone else commented about getting US citizenship before moving back. Not something I have done nor will I. If I end up moving back to the US which I doubt but never say never then I will have to re-apply for a green card again.

Cheers,
Nigel