koreytina

Savings wont be an issue. This isn't something we are forced to do so we can just sit tight till we've saved enough. I wouldn't feel comfortable making a move of this magnitude without having 4-6 months of expenses saved regardless. I was more worried about the UKC proving they had means to provide for USC applicant.

Deb568

Nowadays, for British citizens to bring thier non-EU spouses directly to Britain is a real pain - very expensive and loads of hoops to jump through. However, if it does get all too hard there is another way. If you move first to Europe, (where it is much easier in some countries, for American spouses to get permanent residence than in Britain) then all you do to come here to live is jump on a plane. You would come under the European Commission rules rather than British Home office rules. Basically, your spouse gets to come here no matter where he is from in the world, and it won't cost you a thing and there are no income or assets tests - the Brits have to give him a visa under the free movement of EU citizens and their families rules.

This is from the Border Agency http://www.ukba.homeoffice.gov.uk/eu...ments-family/#

Can British citizens' family members enter and reside in the UK under European law? If you are a British citizen, you cannot ordinarily rely on the provisions of European law to bring your non-European family members to the UK. Instead, you should seek permission under the British Immigration Rules for those family members to enter and remain in the UK. See the Partners and families section for more information

However, the European Court of Justice held in Case C-370/90 that British citizens can rely on European law in circumstances where they are returning to the UK in order to work or settle here in a self-sufficient capacity after working in another European Union state. In these circumstances, the returning British citizen has the right to be accompanied by his or her husband, wife or civil partner, if they have previously been living together in the other European Union state."

I would really recommend looking into this, if you could work in another EU country for a while before coming back here. It means, for example, if circumstances arose where you did have to claim benefits, then your spouse would be included. The Border Agency can only impose restrictions on your husband, e.g. no recourse to public funds, income tests, assets tests, if you are coming from a non EU country. Otherwise, European rules override British rules.

Deb568

Basically, a British citizen married to a foreign spouse who is not an EU citizen has to show sufficient means and income prior to the spouse being granted a visa, sufficient to support them both without recourse to public funds, i.e. social welfare. And there are fees for the visa. But there is a cavaet. This only applies if the British citizen is wanting to come back to Britain directly from wherever they are, without living somewhere else in Europe first (not just EU countries; the EEA countries are also okay).

So, if you all go and live in Europe first and work there, for I think around 12 months or so, i.e. long enough for it to become your residence, - the EU guidelines stipulate all of this, but the Border Control website in the UK also has the relevant info - then you become like any other EU citizen with a foreign born spouse. You apply for an EEA family permit, which is free, and cannot, under EU law, be unreasonably refused or held up for too long. Thereafter you can come to the UK, as a permanent resident, visa free and restrictions free. And certainly without an assets or income test, let alone a "without recourse to public funds" endorsement on your passport.

I'm glad there is a work around, but at the same time am not too impressed that our own government would discriminate against us coming home with our families just because we have a foreign born spouse when other EU nationals in exactly the same situation can just waltz on over here, restrictions free.

BritinFLUSA

This is an interesting discussion - the work around I mean. Makes you think...