Moving back lots of questions

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Old Feb 23rd 2017, 12:44 pm
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Default Moving back lots of questions

Hi I am a UKC and my wife is a USC and we are in the US

I've tried to gather as much information as I possibly can about our options whilst in the states so correct me if I am wrong on any of the below.

I need to work for a US employer earning £18.6k (before tax?) per annum for 12 months + have a U.K. job offer of £18.6k


1- Once you have a UK job offer can this be any job or does it need to be in your field, furthermore if you arrive and decide to work for a different employer does this affect your spouse?

2- As we are both be in the states is there anything from a UK employer that is required other than a letter? Or will the employer need to correspond in anyway with the UKBA?

3- Does my wife need to undergo a medical is this conducted in the states or in the U.K and how vigorous is this as my partner previously suffered from depression 10 years ago when she was 17 and was hospitalized for 2 weeks as her family was going through a breakup.

My partner does not suffer from this anymore nor is she on any medication etc and it was a 2 month period in her life would this affect her moving to the U.K? Any USC who moved to U.K. have experience on this or what the entry clearance is like at the airport?

4- If we have a child in the States and register the birth in the U.K thus making the child a British citizen by descent are they excluded from the £2,400 addition to the MIR

5- Do we just need a written letter from my family stating that we will occupy a room in the house, do they need to state it is free of charge or if they will want rent? or is an inspection of the property needed for household size?

[I](Now for questions once residing in the U.K)[/]

6-Then 2.5 years later we can make a fresh application again once in the UK to renew and extend my partners visa and we need to earn £18.6k but her earnings can be combined with mine to make this amount?

7- Do we then apply again 2.5 years later (5 years present in U.K.) with same conditions as before, though is this time for ILR and how long after this can she claim British citizenship?

8- My wife will want to work when in the U.K but if we have a child would she be eligible for paid maternity leave?

9-I understand she would be under immigration control but does it exempt us as a family from
Child tax credit?

Sorry for the magnitude of questions hope members on here can give us guidance with these questions

Many thanks
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Old Feb 23rd 2017, 4:55 pm
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Default Re: Moving back lots of questions

Originally Posted by dee98
Hi I am a UKC and my wife is a USC and we are in the US

I've tried to gather as much information as I possibly can about our options whilst in the states so correct me if I am wrong on any of the below.

I need to work for a US employer earning £18.6k (before tax?) per annum for 12 months + have a U.K. job offer of £18.6k


1- Once you have a UK job offer can this be any job or does it need to be in your field, furthermore if you arrive and decide to work for a different employer does this affect your spouse?

2- As we are both be in the states is there anything from a UK employer that is required other than a letter? Or will the employer need to correspond in anyway with the UKBA?

3- Does my wife need to undergo a medical is this conducted in the states or in the U.K and how vigorous is this as my partner previously suffered from depression 10 years ago when she was 17 and was hospitalized for 2 weeks as her family was going through a breakup.

My partner does not suffer from this anymore nor is she on any medication etc and it was a 2 month period in her life would this affect her moving to the U.K? Any USC who moved to U.K. have experience on this or what the entry clearance is like at the airport?

4- If we have a child in the States and register the birth in the U.K thus making the child a British citizen by descent are they excluded from the £2,400 addition to the MIR

5- Do we just need a written letter from my family stating that we will occupy a room in the house, do they need to state it is free of charge or if they will want rent? or is an inspection of the property needed for household size?

[I](Now for questions once residing in the U.K)[/]

6-Then 2.5 years later we can make a fresh application again once in the UK to renew and extend my partners visa and we need to earn £18.6k but her earnings can be combined with mine to make this amount?

7- Do we then apply again 2.5 years later (5 years present in U.K.) with same conditions as before, though is this time for ILR and how long after this can she claim British citizenship?

8- My wife will want to work when in the U.K but if we have a child would she be eligible for paid maternity leave?

9-I understand she would be under immigration control but does it exempt us as a family from
Child tax credit?

Sorry for the magnitude of questions hope members on here can give us guidance with these questions

Many thanks
Q4 - as long as you, the British Citizen parent, was born or naturalise in the UK, then your child born overseas will be a British Citizen by descent and excluded from the MIR calculation. It would be best to apply for the US born child's British passport and UK consular birth registration as soon as possible -

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

https://www.gov.uk/register-a-birth

Q6 - correct

Q7 - When the first 2.5 year spouse visa finishes, you will need to apply for FLR(M) for another 2.5 years and the household will need to meet all the Home Office requirements in force at the time. Once your wife got FLR, then she can apply for ILR after five years in the UK. As soon as she gets her ILR, she can apply for British Citizenship due to the fact that she is a spouse of a British Citizen.

Q8 - If your wife wants to work in the UK, she should apply for a National Insurance Number as soon as she arrives in the UK for settlement. Details can be view from the link below -

https://www.gov.uk/apply-national-insurance-number

Your wife can try and open a British bank account with HSBC before leaving the US. Please see link below for details -

https://www.us.hsbc.com/1/2/home/per...banking-center
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Old Feb 23rd 2017, 6:21 pm
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Default Re: Moving back lots of questions

1. Any job as long as it earns 18,600 and above. Once the visa is issued you can leave the initial job at any time. Note that you will have to fulfill financial requirements to qualify for extentions of visa.

2. When making application you will need to include letter of employment, plus contract and provide details of employer. The employer may be contacted by the Immigration authorities to verify job.

3. No
4. Yes
5. Yes, you need approval letter from the owners, plus proof of their ownership and since you are sharing this property an inspection
6 Yes
7. Yes. Once ILR has been achieved she can apply for citizenship immediately.
8. Only if she has worked prior to getting pregnant. Employers do not have to pay maternity pay if employee has not been employed for minimum of, I think, 28 weeks.
9. Only YOU, the Brit, can claim
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Old Feb 23rd 2017, 6:38 pm
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Default Re: Moving back lots of questions

I think you need to have had the job/ a job in the US for the most recent six months, unless it is very high paid, as it is the average monthly pay for the preceeding six months that is required to be over £18,600. And yes, it is gross (before tax) pay.
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Old Feb 23rd 2017, 7:34 pm
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Default Re: Moving back lots of questions

The following document would clarify the financial requirements and categories for application:

https://www.gov.uk/government/upload...equirement.pdf
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Old Feb 23rd 2017, 10:58 pm
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Default Re: Moving back lots of questions

Originally Posted by SanDiegogirl
1. Any job as long as it earns 18,600 and above. Once the visa is issued you can leave the initial job at any time. Note that you will have to fulfill financial requirements to qualify for extentions of visa.

2. When making application you will need to include letter of employment, plus contract and provide details of employer. The employer may be contacted by the Immigration authorities to verify job.

3. No
4. Yes
5. Yes, you need approval letter from the owners, plus proof of their ownership and since you are sharing this property an inspection
6 Yes
7. Yes. Once ILR has been achieved she can apply for citizenship immediately.
8. Only if she has worked prior to getting pregnant. Employers do not have to pay maternity pay if employee has not been employed for minimum of, I think, 28 weeks.
9. Only YOU, the Brit, can claim
Is a contract mandatory? Can an company letterhead employment letter stating salary and working hours be suffice?
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Old Feb 23rd 2017, 11:07 pm
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Default Re: Moving back lots of questions

Originally Posted by dee98
Is a contract mandatory? Can an company letterhead employment letter stating salary and working hours be suffice?
Just a letter would be fine.

The following is taken from Appendix FM-SE regarding the employment letter:

4. In respect of a job offer in the UK (for an applicant’s partner or parent’s partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:
(a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant’s partner’s return to the UK; or
(b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant’s partner’s return to the UK.
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