LockeJohn

Hey guys, I'm a UK citizen and will be marrying my US partner in New York next October. We have yet to decide if I will be moving to the US after the wedding or if she will be moving to the UK, and have been looking into both, but at this moment in time we are leaning more towards the UK.... Which brings me to this thread.

Her moving here seems a lot more complicated than it would be for me to move there, but we're having a hard time understanding a lot of the rules/regulations.

From what I understand I would have to earn £18,000 per year or over - correct? I don't currently earn this but I may be able to swing it by the time it comes to file the forms.

She won't be able to work for 6 months once she is here, correct? That may prove difficult... What is she supposed to do for six months?

We also don't totally understand the whole "special jobs" requirement. I don't think she has the requirements they are looking for in that category.

Anyway, we've read through A LOT of information regarding this move and it's kind of all mixed in together now, so I'd appreciate it if somebody could help us out big time and put down in simple terms what we would have to do to make this happen! Thank you!

BritInParis

In order to sponsor your wife for a spouse visa to come with you to the UK when you move generally speaking you'll need to be earning £18,600 p.a. in the US in the six months prior to lodging your application and have a job offer in the UK starting within three months of your return also earning over £18,600.

If your wife is successfully granted a spouse visa then she can start working immediately in the UK. No six month wait.

Not sure what you mean by "special jobs" requirement - do you mean a Tier 2 work visa? That's also a possibility would mean finding an employer willing and able to sponsor her.

The wiki has a good summary.

HKG3

You can also use savings to satisfy the Home Office's financial requirement. You need to have £62,500 for six months in order to apply for a spouse visa. You can also use part of your savings to cover any earnings below the £18,600 mark. Please read the document below carefully -

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

If you wife enters the UK with her American passport as a tourist (visa granted at the border), then she will not be allow to work. The OP should also be aware that someone in the UK on a tourist visa will not be able to convert to a spouse visa.

LockeJohn

Thanks for the responses.

What if I remain in the UK and get a £18,600 p/a job BUT never live in the US, would I still be refused because I never had a £18,600 p/a job in the US in the six months previous?

What kind of jobs fall into the Tier 2 work visa?

Thanks for the info. £62,500 is quite far out of our reach though!

HKG3

Please see link below -

https://www.gov.uk/government/public...ccupation-list

The latest version is valid from 19 November 2015.

HKG3

Cash savings can help to top up your wages in order to meet the financial requirement. In the link I supplied above - if you look at section 7.2.4, you can see it in greater detail.

For example, if you have £20,000 worth of savings, you can meet the financial requirement with a job which pays £17,000 p.a. Please see workings below -

(20,000-16,000)/2.5=1,600

17,000+1,600=18,600

SanDiegogirl

Read the following document carefully to see how you can qualify. It all depends on where YOU (the sponsor) live when you apply for the spouse visa:

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

Basically, if YOU live and work in the UK then to sponsor your wife you need to show that you earn 18,600 GBP per annum. Savings can be used to make up shortfall.

If you work overseas and are returning to the UK with your US wife then you need to show that you have earned 18,600 per annum overseas AND have a job to go to in the UK also earning 18,600 per annum.


If you decide to live in the US following marriage then YOUR WIFE needs to sponsor you. Read the following to see what the process is:

https://www.uscis.gov/family/family-...nent-residents

BritInParis

No but you would still need to have been employed in the UK for a minimum of six months earning at least £18,600 pa before your fiancee could apply.

Generally speaking any job that pays more than £20,800 is eligible however the employer must be on the list of sponsors and satisfy the Home Office that they were unable to find someone already resident in the UK to fill the post so the jobs that are available are usually fairly specialised. Jobs that are on the Shortage Occupation List do not require the employer to carry out a resident labour market test.

The other option not mentioned is explore any ancestry your fiancee has that may entitle her to a British, Irish or other EU/EEA passport which would avoid the need for a visa.

Pulaski

Note the savings that can be used are only bank deposits exceeding £16,000. So while £62,500 can be used in lieu of the entire income requirement, £17,000 only counts as £1,000 of savings, in other words (1/46.5 × £18,600) of income, which is £400. .... So if you have £17,000 of savings, the income requirement is £18,200, if you have £18,000 of savings the income requirement is £17,800, etc.

LockeJohn

The Tier 2 jobs are out of the question then, she doesn't qualify for any of those on the list

Thank you! We've asked around and her great grandfather was Italian, and travelled to the States. I've just done some research and it turns out this could work, we just need some clarification on whether or not he was naturalized as an American citizen before the birth of her grandmother or not. Fingers crossed for not! Italy is quite a change for what we had been planning but hopefully we can make it work!

BritInParis

Your fiancée doesn't have to be employed in one of the jobs on the SOL. My partner is living in the UK on a Tier 2 (General) visa for which her employer provided sponsorship although her job is not on the SOL. They just have to be willing and able to prove there isn't anyone already in the UK who can fill the role by first conducting a resident labour market test. Her skillset is rather niche so this was easy to do.

As an Italian citizen she would be able to live and work in the UK without a visa under EU/EEA freedom of movement rules. Even with Brexit looming once she is in the UK it is highly unlikely that she would be made to leave providing she is gainfully employed.