Moving back to UK - US Spouse's work visa

Old Oct 7th 2014, 2:43 am
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Default Moving back to UK - US Spouse's work visa

I am really JUST beginning to get my head around the requirements, so forgive me if this seems obvious. I'm from Scotland, my husband is American. We live in America. Our two children were born in America and have US passports. He is looking to transfer with his company to a branch in Scotland, and has been told they will "sponsor his visa". His income (I am a stay at home parent) is well above the minimum requirements, but we do not have substantial savings at all. Is this going to be a smooth move, given his work will sort out his visa for him? And obviously since I'm British they won't have to do anything for me? I will also be looking into getting our girls British passports too. Any info is so appreciated...I think my head may explode by the end of this
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Old Oct 7th 2014, 3:14 am
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Default Re: Moving back to UK - US Spouse's work visa

If your husband's company is obtaining a work visa for him then everything should go smoothly.

You don't need a visa and neither do the children, once you've obtain their British passports

Last edited by SanDiegogirl; Oct 7th 2014 at 3:28 am.
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Old Oct 7th 2014, 8:12 am
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Default Re: Moving back to UK - US Spouse's work visa

The Tier 2 Inter Company Transfer visa now has a maximum time limit in the UK.
5 years 14 days for those that earn at least £41,000.
12 months if they earn less than that and earn at least £24,500.
6 months if they are a "Skills transfer".
https://www.gov.uk/tier-2-intracompa...-visa/overview


Tier 2 (ICT) no longer leads to settlement in the UK. Therefore if your husband is hoping to become a UK citizen, then at some point he will have to move to a spouse visa to start his 5 year countdown to Indefinate Leave to Remain and then UK citizenship.


Will you be getting your US citizenship before you leave? If you have that, then you will avoid all the hassle of immigration rules if you ever want to return to the US to live.

Last edited by formula; Oct 7th 2014 at 9:55 am.
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Old Oct 7th 2014, 1:50 pm
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Default Re: Moving back to UK - US Spouse's work visa

Thank you formula! Do you happen to know if he would have to earn the 41,000 (sorry, no pound sign on computer, eye roll) the entire time? He would likely be slightly under that when arriving, but may reach that after about a year. Or, if it ends up being a 12 month visa, at what point during that may we move to a spouse visa, so that we can stay longer than a year? Is it any easier to obtain a spousal visa if he is already in country with me?

I don't have plans to become a US citizen before I leave. I'm aware of a few stipulations I'll have as a permanent resident if we want to return, which ones did you mean? Thanks for all the info :-)
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Old Oct 7th 2014, 5:36 pm
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Default Re: Moving back to UK - US Spouse's work visa

Originally Posted by sineface View Post
Thank you formula! Do you happen to know if he would have to earn the 41,000 (sorry, no pound sign on computer, eye roll) the entire time? He would likely be slightly under that when arriving, but may reach that after about a year. Or, if it ends up being a 12 month visa, at what point during that may we move to a spouse visa, so that we can stay longer than a year? Is it any easier to obtain a spousal visa if he is already in country with me?

I don't have plans to become a US citizen before I leave. I'm aware of a few stipulations I'll have as a permanent resident if we want to return, which ones did you mean? Thanks for all the info :-)
One of the most important causes of concern if you leave the US as a Green Card holder is that, if you wish to return after a few years, your Green card status will have/may have lapsed and you would need to start YOUR immigration back to the US all over again.
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Old Oct 7th 2014, 5:40 pm
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Default Re: Moving back to UK - US Spouse's work visa

Originally Posted by sineface View Post
Thank you formula! Do you happen to know if he would have to earn the 41,000 (sorry, no pound sign on computer, eye roll) the entire time? He would likely be slightly under that when arriving, but may reach that after about a year. Or, if it ends up being a 12 month visa, at what point during that may we move to a spouse visa, so that we can stay longer than a year? Is it any easier to obtain a spousal visa if he is already in country with me?

I don't have plans to become a US citizen before I leave. I'm aware of a few stipulations I'll have as a permanent resident if we want to return, which ones did you mean? Thanks for all the info :-)
You can start the application for spouse visa as soon as you like once you are in the UK.

Both your and your husband's income can be taken into account since you would both be in the country legally and able to work. The fact that YOU will probably not have an income (being a stay at home mum) will not be detrimental to your application - since your husband is earning well above the minimum income required.
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Old Oct 7th 2014, 8:01 pm
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Default Re: Moving back to UK - US Spouse's work visa

Originally Posted by sineface View Post
Thank you formula! Do you happen to know if he would have to earn the 41,000 (sorry, no pound sign on computer, eye roll) the entire time?
For Tier 2 (ICT) Long Term Staff, he would need to be earning at least £41,000 for entry clearance.

Originally Posted by sineface View Post
He would likely be slightly under that when arriving, but may reach that after about a year.
Then it seems he would have entry clearance as Short Term Staff.
His sponsor will arrange all this and they should know what to do to get their staff a visa to the UK. I assume they have a sponsorship licence? And are an A rated sponsor so they can tick the maintenance box?

Originally Posted by sineface View Post
at what point during that may we move to a spouse visa,
As soon as you are allowed. His time spent on Tier 2 (ICT) won't count towards his 5 years for ILR (Indefinate Leave to Remain).

As soon as he is granted ILR, he can immediately apply for UK citizenship because he is married to a UK citizen (as long as he meets the ILR requirements). He will also need to pass the Life in the UK test for ILR.

Slightly off topic, but be aware that he is only allowed to drive for a maximum of 12 months on his US driving licence or an International driving licence when he resides in the UK. That 12 months doesn't reset if he pops out of the UK and enters again. It's a criminal offence if he goes over this time and is caught. A criminal offence can delay ILR as well as being very costly if he has an accident, because his insurers may refuse to pay out. He really needs to apply for a UK provisional licence and pass all the UK driving tests within that 12 months. If he reaches 12 months and hasn't passed all the tests, then he will be like any other learner driver; must use L plates and have a full licence holder driver with him he drives.

Originally Posted by sineface View Post
Is it any easier to obtain a spousal visa if he is already in country with me?
Yes, because he will have a visa of more than 6 months that allows him to work in the UK. As SanDiagogirl said, his salary can be used to meet the financial requirements for all his own spouse visas and ILR.

Last edited by formula; Oct 7th 2014 at 8:49 pm.
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Old Oct 8th 2014, 2:19 am
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Default Re: Moving back to UK - US Spouse's work visa

Thank you guys. It's great news that they take both of our incomes into account. I earn a little through some freelance work, but my main job is the children right now. We have barely begun talks with his work about the move since he's in the process of a promotion right now (and a few more in the works) so we don't want to seem like we aren't dedicated to his career here. We have time. He works for Enterprise rent-a-car, so I'm sure they'll be on the ball about the driving thing - but I appreciate the heads up! This board is a god send.
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Old Oct 8th 2014, 11:13 am
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Default Re: Moving back to UK - US Spouse's work visa

Originally Posted by formula View Post
As soon as he is granted ILR, he can immediately apply for UK citizenship because he is married to a UK citizen (as long as he meets the ILR requirements). He will also need to pass the Life in the UK test for ILR.
Typo! I meant to put "as long as he meets the UK citizenship requirements"

Good luck sineface. You seem to be getting all your ducks in a row.
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Old Oct 8th 2014, 10:35 pm
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Default Re: Moving back to UK - US Spouse's work visa

Thanks! (Have so many bloody ducks, I'd have to!)
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