Oregon2UK

Hello,

My spouse visa was refused because my husband didn’t have a job offer in the UK, but he was/is planning on traveling back to the States monthly to work. We are thinking of retaining an attorney to help us, but should my husband be looking for a UK job instead and reapply for a visa? He makes good money in the US.

Another way we can meet the requirement is to sell our house (which we were planning on doing anyway) but that will add extra time to the process.

Has anyone successfully gotten a visa with sponsor overseas income fulfilling the requirement?

Does an immigration attorney writing a letter to explain more get your visa reconsidered? Or if you have to reapply can an attorney fast track your application?


Thanks in advance!

SanDiegogirl

You need to read the following document carefully, to see how you can qualify. There are only certain categories to meet the financial requirements.
https://assets.publishing.service.go...t-v6.0-ext.pdf

Your husband could fulfill the financial requirements by overseas income, but would need to prove that the income is currently 18,600 GBP and above, will continue at that level of income, and that taxes and necessary SS contributions are being paid in the UK (presuming he is going to be working remotely and only travelling to US infrequently?)
Think there are people on this forum who have overseas income, but most are working as self employed/contractors I think.
Attorneys can certainly help, but if your situation is straight forward they are not really required.

Yes, if your husband is not going to have regular income from the US then he needs to find a job in the UK or use savings/other investments.

Oregon2UK

No, he was planning on keeping his regular salaried job in America for an American organization and adjusting his schedule to work half time there and be in the UK for the rest of the time. That’s not starting to look feasible is it?

SanDiegogirl

So, working remotely from the UK and then some time in the US.

No, it won't work unless he can show the US company has a presence in the UK and can put him on payroll in UK OR husband has a way of charging for his services from the UK and he pays his own taxes and contributions.

Look at the link I gave you.....

BritInParis

Unless your husband is willing to give up his current job it sound like it would make more sense to forgo the spouse visa and just have extended holidays in the UK where your husband continues to work remotely.

Oregon2UK

We want to settle in the UK and have our two young children attend school there. It might be better for husband to find a job there. I have a good job where I can work remotely so that will help. Unless I can’t work as a contractor foe a US company and pay UK taxes? My company has a UK presence but is based in the US.

BritInParis

In that case I would sell your house and use the proceeds to meet the financial requirements through cash savings. You and your husband can then continue to work remotely although I would look to take some specialised tax advice.

SanDiegogirl

While YOUR income cannot be used for the application itself, it might be worth looking into you transferring to the UK company?

Oregon2UK

My company headquarters is in the States. They have a minor presence in the UK (warehouse, logistics, etc.), so I would have to work remotely (I already do since I am in a different state than our headquarters).

Another question: Is it worth it to retain an immigration attorney? It seems like our likely option is to sell our house and put the money in savings, then reapply. Should I get an attorney to help me through the process? Is there any way to expedite the process?

Thank you for your help!

BritInParis

You don’t need a lawyer to assist you. If you want to speed up the process you can pay extra for the Priority Settlement service.

Oregon2UK

How much faster is Priority service? And do you know how long it takes to get your documents back? I had to send mine to New York. I assume I have to do the biometrics all over again? This is turning into a nightmare.

SanDiegogirl

https://www.gov.uk/faster-decision-visa-settlement

Oregon2UK

Thank you, @SanDiegoGirl, @BritinParis.

Does anyone know how long it takes to get your documents back from the UKVI office in New York? I tried calling the 24-hr number on the gov. website and it kept disconnecting!