Spouse visa with stepchild over 18

Old Feb 26th 2016, 9:24 pm
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Default Spouse visa with stepchild over 18

I married my husband in 2006 in England and initially lived there for just under 2 years along with my daughter from my first marriage (immigrated with a fiancé visa). Then we moved back to California and have been here ever since. He is extremely home sick and we are contemplating moving back to England after our daughter (my biological- his stepdaughter) finishes high school, which would be next year June 2017. She is 17 years old and will be 18 on Jan. 28, 2017. My questions are should we start the visa process before her 18th birthday? and if it is granted how long do we have before we have to travel to UK? Also, my husband and I both work here but with the new requirements I am very confused as to the part about him having to secure an offer of employment, how can he do that when we are living here? Does that mean he would have to leave and get a job before we come out?

I have tried reading the uk immigration websites and requirements but they are soooo confusing! It was so easy when my daughter and I first moved to the uk on a fiancé visa!

Thanks for any answers you can provide us with
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Old Feb 27th 2016, 1:13 am
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Default Re: Spouse visa with stepchild over 18

BIP or Ian will likely be along soon with more definitive answers but a couple of questions. Who is the UK citizen - you or your husband? If it is your husband, HE has to sponsor you and so needs to meet the financial requirements of either a job paying £18,600 a year he holds for 6 months before he can apply to sponsor you, OR already have a job (in US) paying that amount, plus a job offer in UK to start within 3 months of him returning, paying at least £18,600 OR savings of £62,500 OR a combination of salary and savings.
Here's the link to the financial requirements:Appendix_FM_Annex_1_7_Financial_Requirement.pdf

I believe once your daughter reaches 18 she will have to apply for her own visa - joining family in UK.Yes, it was a lot easier some years ago but due to misuse of the spouse visa the law was changed.Would be worth getting her application in BEFORE she turns 18.
Again, I believe once the visa is granted you have 30 days from issue to arrive in UK.
BIP - can you elucidate for this lady please?
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Old Feb 27th 2016, 3:00 am
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Smile Re: Spouse visa with stepchild over 18

Thank you quiltman for taking the time to respond to my questions.

My husband is a UK citizen born and breed. My daughter and myself are US citizens. He has a job here in California but the part I don't understand is how is he going to get a job offer in the UK within 3 months if we live here still. Does that mean that he will have to move back to the UK first to go on interviews and such? Our plan was going to be to move back together and then find new jobs there in the UK.

If I apply before my daughter turns 18 (which would be before 1/28/17) then she would have to leave 30 days after the visa arrives, right? How long does the process take because she wont be finished with high school until June 2017. So she cant leave anytime before that. How likely would it be for her to receive a visa if she applied on her own at 18 - joining family in the UK?

Sorry for the extra questions, it is so hard to get the right answers. Will probably have to go to an immigration expert or attorney but would like to get some advice from the experts on this site first.

Greatly appreciate your time!
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Old Feb 27th 2016, 3:04 am
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Smile Re: Spouse visa with stepchild over 18

Missed the part about the savings in lieu of the job offer, we would have the 62,500 pounds once we sell our house, does that count?
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Old Feb 27th 2016, 3:08 am
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Default Re: Spouse visa with stepchild over 18

Originally Posted by althorp99
Missed the part about the savings in lieu of the job offer, we would have the £62,500 once we sell our house, does that count?
Yes. Generally you have to have held the £62,500 for six months, but there is an exception where you can show it is the proceeds of a house you owned.

Last edited by Pulaski; Feb 27th 2016 at 3:18 am.
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Old Feb 27th 2016, 3:11 am
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Default Re: Spouse visa with stepchild over 18

Thanks again! Now my concern is would my daughter be eligible for a visa on her own?
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Old Feb 27th 2016, 3:17 am
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Default Re: Spouse visa with stepchild over 18

Originally Posted by althorp99
Thanks again! Now my concern is would my daughter be eligible for a visa on her own?
I don't think so. So the next question (which I don't have the answer to) is if you and she travel to the UK on visas before your daughter's 18th birthday, would you be able to return go the US for her to finish high school without invalidating your visas?
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Old Feb 27th 2016, 3:23 am
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Default Re: Spouse visa with stepchild over 18

good question, already chewing me nails with that one...

If I apply before her birthday and she turns 18 during the visa process does that even count?
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Old Feb 27th 2016, 7:51 am
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Default Re: Spouse visa with stepchild over 18

Originally Posted by althorp99
good question, already chewing me nails with that one...

If I apply before her birthday and she turns 18 during the visa process does that even count?
I stand to be corrected, but I believe that would be OK as she was NOT 18 when the application was submitted.Regarding the house sale proceeds, again I believe the sale has to have reached a point of no return for it to be counted, otherwise everyone could say "I have a house for sale worth $300,000" and then get a spouse visa without actually selling it! Yes, with the £62,500 you could all come to UK together. Otherwise your husband would have to come to UK , get a job, hold it for 6 months and then sponsor you and your daughter. Lots of folks end up having to do this and in the great way of things, 6 months is not that long.
Re your daughter, yes, if the visa is granted she will have 30 days to arrive in the UK and collect her immigrants card from the post office within 10 days of landing although I think you have to come together. Once she has it then I think she can return to the US to complete her schooling. I hope Brit in Paris will be along soon as he has nearly all the answers!
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Old Feb 27th 2016, 8:24 am
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Default Re: Spouse visa with stepchild over 18

Originally Posted by althorp99
Missed the part about the savings in lieu of the job offer, we would have the 62,500 pounds once we sell our house, does that count?
It will be more than the £62.500 as your daughter would also be being sponsored as she is not a British Citizen, I believe that would increase the savings needed to some £74,500.
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Old Feb 29th 2016, 7:12 pm
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Default Re: Spouse visa with stepchild over 18

Your daughter will need to be under 18 at the time of application. Providing she is under 18 at the time of the initial application then she can be over 18 when applying for FLR/ILR later on.

Providing you can meet the financial requirements through savings I would apply around Christmas and then have a quick validation trip to the UK to collect your BRPs at Easter before return to the US to allow your daughter to sit her exams and graduate before returning to the UK as soon as possible.

The trick would be to ensure that you spend no more than six months outside the UK in the first year after you enter the UK to activate your visas. This would mean you would be eligible for FLR/ILR at the 2.5 and 5 year marks. Bear this in mind when planning any trips abroad after returning to the UK between the time you arrive back in the UK and the end of your first year.
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Old Feb 29th 2016, 7:15 pm
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Default Re: Spouse visa with stepchild over 18

Thanks so much BritinParis!!!

That's really helpful information!
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Old Mar 1st 2016, 1:44 am
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Default Re: Spouse visa with stepchild over 18

Hmmm. As your husband is the Brit citizen, cannot he adopt your daughter and pass on BC to her?As i understand it the US adoption process is recognised by the UK. BIP, what's your take on this ?
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Old Mar 1st 2016, 1:53 am
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Default Re: Spouse visa with stepchild over 18

Originally Posted by quiltman
Hmmm. As your husband is the Brit citizen, cannot he adopt your daughter ....
I think the child's natural father can block such an adoption, and you can't have three parents.
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Old Mar 1st 2016, 2:51 am
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Default Re: Spouse visa with stepchild over 18

I see. I only ask because my wife was adopted by her stepfather even though her biological father was still alive , but admittedly thought to be in Australia. I must look at her, and her sisters adoption papers.
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