eggysbrain

Hi all,

I know I will find this information in other threads but I have been looking for ages and am feeling really overwhelmed and still don't really understand this- can anyone give me some answers?

Hubby and I have been married for 15 years this year. He is a US citizen and I am UK citizen with legal permanent residence in the USA. We are wanting to move back to the UK indefinitely and I am trying to get a realistic picture of what we will need to save etc.

I know that I have to sponsor him since I am the UK citizen, which is fine. I am so confused about the financial requirements, however.

I know I need to have a job making over 18,000 BP and I need to have held that job for three months in the UK prior to him making the application- is that correct?

I understand that he can't apply from within the UK so I'd have to go over first and get settled working etc (which is fine). My mum has offered her spare room to me so I wouldn't have to pay rent and that way we would have accommodation waiting for us when hubby finally gets over until he can also find a job . Ive got about 11,000 BP in savings to live on whilst the visa is underway but obviously I wouldn't have to worry about paying rent at my mums!

Hubby would then move in with his sister in the US to save some extra cash and start the application to join me, as I understand it?

Have I got all this straight? I am seeing conflicting things about also needing to be employed in the USA prior to moving to the UK, which is fine if so. I make about $24,000 a year right now and would obviously stay in my job until I fly home.

I am VERY confused by all this. I want to get the process started but I can't afford to screw it up! Hubby is also a diabetic so I want to make sure he does everything correctly and will be able to get his insulin etc in the UK.

Thank you so much for any help and I'm sorry for rambling!

-Polly

mikelincs

Take a deep breath.

Financially you either need £62,500 held in an accessible bank account for at least 6 months OR you need to have been in a job in the US earning £18,600 a year for 6 months AND have a job to start in the UK within 3 months of arrival OR have a job in the UK earning £18,600 a year and have been in that job for 6 months

eggysbrain

Ok, I have the 6 months of a job in the US part under control! I am planning on flying home and finding a job in the UK- so after I find it I must hold that job for six months making the minimum 18,000 BEFORE hubby can apply for settlement visa, right?

I am assuming that he could still visit me in the UK in the meantime, as long as he didn't stay?

Thank you so much!

bpounds

Hello,
We are also confused about overseas work experience and apply spouse visa My husband worked in Canada for the same company last 15 years and made equivalent to 18600 Gbp. He arrived in The UK on March 5th and started his job on March 13th which is after one week upon his arrival.Can we apply spouse visa right away to count his working period in Canada plus now in The UK?Or we have to wait to complete 6 months in his current job in The UK?Thank you very much for your advise.Since this application is very important for us we do not want to make any mistake like everyone else and different lawyers say different things..Thanks much

SanDiegogirl

As husband entered the UK and started new job, and IF his new job earns 18,600 GBP AND his job in Canada also earned 18,600 GB per annum for the 12 months immediately prior to the application, then he can now apply under Cat B (Clause 5.3) 5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK as per the following document:

https://assets.publishing.service.go...ment_Final.pdf

SanDiegogirl

There are different categories and situations under which you can apply For example:

- if you currently earn the equivalent of 18,600 GBP per annum AND you have a job offer in UK starting within 3 months of return, then you could apply for spouse visa now and once issued, travel to UK together.

- if you don't earn 18,600 GBP in current job and have to return to UK, and then find a job earning 18,600 GBP, then you cannot apply for visa until you have been in this new job for 6 months. (Cat A)

- if you currently earn 18,600 GBP, return to UK, find job earning 18,600 GBP, then you can apply as soon as you have one month of payslips in new job. (Ca B)

In all the above situations, savings can be used to make up shortfall of income.

Read the following document carefully to see how you can qualify:

https://assets.publishing.service.go...ment_Final.pdf

Yes he can visit you until such time as you apply because at that stage he will relinquish his passport.

HKG3

The OP should look into getting US citizenship before returning to the UK - it will make a return to the US easier, just in case things don't work out for you in the UK.

bpounds

Thank you for all your help..

eggysbrain

Thanks everyone for all your advice! I have an annual gross pay of around $30,000 USD so I should meet the requirements to sponsor him (I assume application goes off gross pay and not wages after taxes etc?)


My next question is whether he has to meet any other requirements financially before he can come over once he has the correct visa? Or is my 18,600 income (which I hope to get a job paying in the UK!) going to be all that's needed until he can get his own job?


Thank you thank you!

SanDiegogirl

It is YOUR (Brit citizen) income which is relevant for the spouse visa application. Your husband's income does not count. He does not need to meet any financial criteria - you do.

eggysbrain

Thank you!

bpounds

Hi SandiegoGirl,
Thank you for your previous reply again..I just want to ask one more thing ..my mistake did not mention that my husband worked hourly basis job in Canada and now same in the UK .He gets paid based on the hours that he works but he asked his employer to pay him every month to his bank account to proof he is employed however .I read that they categorized it "non-salary" employment and they can also apply under category B without waiting for six months . Is it correct? .Also if he switched an another job would affect the application for category B?Do you recommend get at least 3 payslips from current UK employer ?Or not necessary in your opinion..Sorry for too many questions but seems you are an expert for spouse visa applications

SanDiegogirl

No expert I'm afraid.

Yes, non salaried can apply under Cat B without waiting 6 months. You have to show, just the same as for salaried employment, that you earn the equivalent of 18,600 GBP per annum. AND in the immediate 12 months prior to application that you earned 18,600 GBP.
So you need to get your sums absolutely correct when working out unsalaried employment income. How many payslips you present is up to you - if 3 months of income shows an equivalent of an annual income of 18,600 GBP then go with 3 months.

eggysbrain

I was just re-reading your answer- so is this scenario correct??

** I am earning over 18,600 GBP in my current job which I then quit and fly to the UK.
**I find another job in the UK earning over 18,600 per annum.
** I can then apply for my husbands visa after one month of being in the new UK job? What if there is a gap between me arriving in the UK and finding a new job there?

Thank you thank you

Novocastrian

Not quite I'm afraid. To take advantage of having earned above £18600 abroad in the past year, you will need a job offer at a salary above that threshold starting within 3 months of the application. If you don't have the offer before application, you'll have to go alone, find the job and then hold it for 6 months before the application.