Moving back home - with US citizen spouse
#1
Just Joined
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Joined: May 2019
Posts: 2
Moving back home - with US citizen spouse
Hi, just looking for some advice please.
I am a UK citizen who has been living and working in the USA for the past 7 years. My dual citizen son is 8 years old and my US citizen husband and I have been married for 12 years.
We want to return to the UK. My husband did live in the UK with me for a couple of years back in 2010-2012 on a conditional residency visa, but it looks like it's all changed since then and now we have to jump through hoops. (Karma for flip flopping across the pond, I guess, lol)
So I have a few questions and scenarios to run past anyone who has the experience and time to answer me.
Are we still able to have someone in the UK sponsor my husband so we can go back there together? (I really hate the idea of us having to be apart for a while).
Or, would I need to go back there with my son and secure a job that pays the minimum threshold amount, get a place to live and then have him come over on a spousal visa?
Or, would we somehow be able to all go back together and work something out that end?
Am I right in assuming that as I'm just a permanent resident in the USA (albeit I have lived here for 7 years), that I can literally walk back in to the UK with my son and live and work there?
For some reason this is so confusing to me.
Any help is greatly appreciated, thank you.
I am a UK citizen who has been living and working in the USA for the past 7 years. My dual citizen son is 8 years old and my US citizen husband and I have been married for 12 years.
We want to return to the UK. My husband did live in the UK with me for a couple of years back in 2010-2012 on a conditional residency visa, but it looks like it's all changed since then and now we have to jump through hoops. (Karma for flip flopping across the pond, I guess, lol)
So I have a few questions and scenarios to run past anyone who has the experience and time to answer me.
Are we still able to have someone in the UK sponsor my husband so we can go back there together? (I really hate the idea of us having to be apart for a while).
Or, would I need to go back there with my son and secure a job that pays the minimum threshold amount, get a place to live and then have him come over on a spousal visa?
Or, would we somehow be able to all go back together and work something out that end?
Am I right in assuming that as I'm just a permanent resident in the USA (albeit I have lived here for 7 years), that I can literally walk back in to the UK with my son and live and work there?
For some reason this is so confusing to me.
Any help is greatly appreciated, thank you.
#2
Re: Moving back home - with US citizen spouse
Hi, just looking for some advice please.
I am a UK citizen who has been living and working in the USA for the past 7 years. My dual citizen son is 8 years old and my US citizen husband and I have been married for 12 years.
We want to return to the UK. My husband did live in the UK with me for a couple of years back in 2010-2012 on a conditional residency visa, but it looks like it's all changed since then and now we have to jump through hoops. (Karma for flip flopping across the pond, I guess, lol)
So I have a few questions and scenarios to run past anyone who has the experience and time to answer me.
Are we still able to have someone in the UK sponsor my husband so we can go back there together? (I really hate the idea of us having to be apart for a while).
I am a UK citizen who has been living and working in the USA for the past 7 years. My dual citizen son is 8 years old and my US citizen husband and I have been married for 12 years.
We want to return to the UK. My husband did live in the UK with me for a couple of years back in 2010-2012 on a conditional residency visa, but it looks like it's all changed since then and now we have to jump through hoops. (Karma for flip flopping across the pond, I guess, lol)
So I have a few questions and scenarios to run past anyone who has the experience and time to answer me.
Are we still able to have someone in the UK sponsor my husband so we can go back there together? (I really hate the idea of us having to be apart for a while).
You cannot have someone in the UK sponsor you by providing a financial guarantee, that alternative was removed.
Not necessarily. You could sponsor your husband using "cash in the bank", literally (no other asset values are allowed; the amount is £62,500), and the cash has to have been in a bank account continuously for six months unless it was from the sale of a home. Alternatively if you currently work in the US and are paid at least the minimum (equivalent of £18,600pa), then all you need is a written offer of work in the UK at at least the minimum of £18,600pa. In either of thses cases you can travel back together. If you don't qualify for these alternatives then yes, the back-stop alternaive would be to return to the UK ahead of your husband and take a job that would support a visa application for him.
You can also use a mix of cash savings and income, but only cash over £16,000 counts, so if you have income of £9,300 (half the minimum annual income), then the corresponding "half" the savings amount would be £39,250.
No, your husband must apply for his visa from the US, that is not a process that can either be started or completed from within the UK. He could visit the UK during the interim period.
Yes, you have that inalienable right as a British citizen to the return to the UK to live any time you like and without having to give any reason or justification. And being a US/ dual citizen would have absolutely no bearing on that right, none whatsoever. In other words being "just a permanent resident" is not an appropriate way to think of yourself, you can have another nationality, in fact multiple other nationalities, and it still in no way negates or diminishes your British citizenship. (See also my further advice below.)
As your son is British, he has the same right, and barring him renouncing his British citizenship (which is rather hard to do, even if you want to) he will have the same right throughout his life too. He will need a British passport if he doesn't already have one. And as for you, above, being a dual citizen has no bearing on his right to live in the UK either.
….Or, would I need to go back there with my son and secure a job that pays the minimum threshold amount, get a place to live and then have him come over on a spousal visa?
You can also use a mix of cash savings and income, but only cash over £16,000 counts, so if you have income of £9,300 (half the minimum annual income), then the corresponding "half" the savings amount would be £39,250.
… Or, would we somehow be able to all go back together and work something out that end?
…. Am I right in assuming that as I'm just a permanent resident in the USA (albeit I have lived here for 7 years), that I can literally walk back in to the UK with my son and live and work there?
As your son is British, he has the same right, and barring him renouncing his British citizenship (which is rather hard to do, even if you want to) he will have the same right throughout his life too. He will need a British passport if he doesn't already have one. And as for you, above, being a dual citizen has no bearing on his right to live in the UK either.
…. For some reason this is so confusing to me.
Any help is greatly appreciated, thank you.
Any help is greatly appreciated, thank you.
To avoid replicating the mistake your husband made, you should apply for US citizenship before you leave the US, which will give you the unalienable right to return to the US whenever you like, either to work, or perhaps later if your son returns to the US when he is older and settles down to visit, or live close to him and his family. If you do not so this your status as a US "permanent resident" will expire soon after you cease to live in the US, You might succeed in hoodwinking USCIS for a few years, but they will notice eventually, and if not before then, you won't be able to renew your green card at the end of the ten year validity of the card.
Your husband will also have to a pay an access charge for NHS coverage of £400pa for the validity period of his visa, which will initially be 2½ years.
Last edited by Pulaski; May 21st 2019 at 1:05 am.
#3
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Joined: May 2010
Location: San Diego, California
Posts: 9,654
Re: Moving back home - with US citizen spouse
Read the following document carefully to see how you could qualify under the financial requirements:
https://assets.publishing.service.go...ent-ext_1_.pdf
In some situations you can combine employment income and savings eg. if you get a job in the UK which does not pay 18,600 GBP per annum you can use savings to make up the shortfall.
https://assets.publishing.service.go...ent-ext_1_.pdf
In some situations you can combine employment income and savings eg. if you get a job in the UK which does not pay 18,600 GBP per annum you can use savings to make up the shortfall.
#4
Re: Moving back home - with US citizen spouse
Hi, welcome to be BE.
I’d strongly recommend you look into getting your US citizenship before you leave, that way you’re not at risk of losing your permanent residency status, and will have the freedom to come and go in case you decide you want to move back there in the future.
Best of luck with the move.
I’d strongly recommend you look into getting your US citizenship before you leave, that way you’re not at risk of losing your permanent residency status, and will have the freedom to come and go in case you decide you want to move back there in the future.
Best of luck with the move.
#5
Just Joined
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Joined: May 2019
Posts: 2
Re: Moving back home - with US citizen spouse
Thanks everyone!