Liza

Hi Everyone!!! I'm a BC living in the US, I've been here for 17 years now and am also a USC. My American husband and I have have 3 children, all USC. We want to move back to England next summer and excitedly looked up the instructions for which visa we needed for my husband and the children. I was horrified when I read the new immigration rules. I'm a stay-at-home Mum and I earn some part time income, nothing big, but enough to pay for some things and help with tax deductions

Looks like the financial requirements info has changed and now (compared to info I working from in September) I have to be already settled in UK? I thought we could all travel to UK together if we had the $136,000?

Any guidance is appreciated

I thought I had to personally sponsor my family including my hard working husband that has a great salaried income and provides a nice home for us. So once I got over the shock of realizing we would have to come up with $136,000 in my name (84,000GBP) for 6 months prior to submitting visa applications, my parents offered to help since they recently sold their home in England, moved and are renting for now while looking for new house. So while we do have access to this huge amount of money. I would prefer to have it here in the US in a new HSBC account and avoid the overseas money regulations and reporting entirely and my dad would prefer the money to stay in the UK in my very old Natwest checking account that I am trying to get updated with correct information so the statements will be correct per requirements. I panic a bit more every day knowing that the money needs to be in an account somewhere already to stay on track to move next summer.

In the meantime (because I had to write letters to Natwest to change my address etc) I'm questioning if this even the right path? Sometimes the wording on the UKBA makes the partners and families visa seem like my family are trying to join me there and I have to prove I can support them there, but I'm not. Just looking at forms: vaf4a and vaf4a2 (Appendix 2). Thinking I've been looking at this wrong.

(Husband doesn't really fit in the Tier 1 or Tier 2 work categories. The plan was for him to continue with his US job in the UK for a while which he can do remotely.)

In other news - a HUGE to everyone on this forum. I've been reading everything for the last 7 weeks since we decided to move. You are an amazing resource and reading and sharing the stories with my family makes it all seem possible when all I see is the pile of forms and visa requirements to navigate in front of me.
Liza

Liza

Umm... nevermind, I think we figured it out. They changed the wording and had me worried. Seems like its aimed at a particular situation that we don't quite fit. Wish there wasn't the 6 month requirement for the cash savings and we could get on with the application I'm so stressed about changes before we can apply.

Thanks for reading.

mikelincs

You should not need a visa for the children, if you are a BC other than by descent, i.e you were born in the UK etc, then your children are already BCs, you just need to apply for their passports., the financial requirements are only for the sponsorship of your husband.

scot47

The new rules can be summed up like this

"If you are rich come on in. If you are poor - stay just where you are !"

yzf.shaun

It's complete BS!

I'm not looking at moving back yet having only been in Canada for a year. It would be nice to have the choice. I now feel that choice has been taken away and I am effectively locked out of returning home with my family.

I agree in principal with some of the rules but these measures take it to the extreme.

Liza

mikelincs, We decided to wait until we can apply for full British Citizenship for them. Right now I believe the children (born in US) they would only receive a British by descent but if we move to UK and stay for 3 years we can apply for full British citizenship for them. My oldest will be almost 14yrs by the time we (hopefully) move.

http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/

scot47 & yzf.shaun: It is unbelievable.

Are all decisions on hold for these new applications since July or have we seen people that applied successfully on this forum?

roaringmouse

If you were born in the UK, and were a British citizen at birth then your overseas born children are most likely already British by descent. There is no applying for it, by virtue of their birth they already are British by descent.

You have no choice in regards to them possibly gaining British otherwise than by descent, as they are already British citizens.

Whether or not your children currently hold a British passport is irrelevant - although you should apply for them.

mikelincs

michali

As I understand it, it is only those applications that did not meet the financial requirements that have been put on hold, just in case they lower the amount of income required. I would think those that do meet the present financial requirements would have been processed.

mikelincs

Yes, it's only those who failed the financial requirements , and only the financial requirements, that have been put on hold, those that meet the current requirements have been processed. The Home Office will, I'm sure, lower the financial requirements. perhaps even a different set oif requirements for those returning from abroad as it's certain that further legal action will be taken if they don't, or if the original court applicants feel that they haven't been altered enough.

michali

I wish they would return to the days when it was easy to return with a non EU spouse. We did it in 1998. I cannot remember how much we paid but it was so quick, we packed up and left here in ten days!! Unfortunately, my husband could not find work and so we returned here. Now, to go back is the most demanding and stress inducing operation ever!

mikelincs

It was done to stop the flooding of the UK with immigrants from non EU countries who were bringing wife and many dependent children in, who had little or no income or savings, and immediately became a burden on the UK benefit system. Unfortunately the level was far too high and has been a real problem for British Citizens wanting to return from overseas, and this is why there was the ruling by a UK judge that the level was too high and the Home Office should reduce it, people are still waiting..

michali

Very true! The sad thing is we all pay the price but that is life!

Liza

I'd be feeling like a complete idiot and be really embarrassed about not figuring that out... if I wasn't so happy right now!!!

All this time I've been going round in circles looking for the forms to fill out and all I had to do was apply for their passports! That's what comes of spending years going through immigration systems.

Prepping applications this weekend! Thanks roaringmouse

BritInParis

It's not all doom and gloom where it comes to your potential grandchildren. Once your children have spent three continuous years in the UK then they will be able to register any children they have overseas as British citizens by descent or bring them back to the UK on foreign passports and visas and apply for registration after three years giving them British citizenship otherwise than by descent in the manner which you described which your great-grandchildren will no doubt be grateful for - providing the law doesn't change in the next 50-60 years of course!