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Thinking of moving back to the UK - UK Citizen with SA partner

Thinking of moving back to the UK - UK Citizen with SA partner

Old Feb 13th 2015, 10:46 am
  #1  
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Default Thinking of moving back to the UK - UK Citizen with SA partner

Hi

We are currently living in South Africa. (I am South African and my husband English). We met when I lived and worked in the UK. I was there for 7 years (2 years on working holiday and then 5 years on a work permit). We returned to SA the day I qualified for ILR in 2009. (We have been married for 5 years and together for 9 years - have all the documentation to proof everything)

We are now considering moving back to the UK, but with all the new rules it seems like a minefield and quite difficult.

Does any one know what our options would be? From what I have read it looks like my husband would have to return first and work for at least 6 months earning no less than GBP18600 a year and then I can apply for the spousal visa or we can follow the Surinder Singh route... Would any one know as I lived and worked in the UK before if I would 'get a break' or would I have to start from the beginning again as we have been living outside the UK for 5 years now.

Thanks so much

Regards
Jeanne
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Old Feb 13th 2015, 1:31 pm
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Default Re: Thinking of moving back to the UK - UK Citizen with SA partner

appears that you have to start the process all over again

https://www.gov.uk/returning-resident-visa

that said, its either meeting the full financial requirement of £62,500, or he goes back to the UK works for a period of time to prove an income of £18,600, or the Surinder Singh route

http://britishexpats.com/wiki/Spouse_Immigration-UK

http://britishexpats.com/forum/citiz...mation-830478/
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Old Feb 13th 2015, 2:02 pm
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Default Re: Thinking of moving back to the UK - UK Citizen with SA partner

Thank you so much for coming back to me.
Say we can go down the 'savings' route. Can the bank account be in my name (SA citizen) or must it be in my husband's name(UK citizen)? Or would joint be better?
From what I read, this account can be in South Africa, but then on the day of application they would check the exchange rate. The money I see must be in the account for at least 6 months. If I can get the money from my parents would that be an option? Basically what I am trying to figure out is if it is ok for the money to come from me and not my husband? I see with the salary it is only the UK citizen's that is taken into account.
I also notice that pension fund would be taken in account. We both have an offshore pension fund in the Isle of Man. Together it is worth GBP69000 at the moment, can we just use this?
Thank you

Last edited by Jcolly; Feb 13th 2015 at 2:10 pm.
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Old Feb 13th 2015, 2:10 pm
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Default Re: Thinking of moving back to the UK - UK Citizen with SA partner

again, specific to your quetions

https://www.gov.uk/government/upload...equirement.pdf

see section 3, sub-sections 3.2 & 3.2.2 which I think covers it

As for the money from your parents, the money has to be in your account six months prior to the application, so the total at least meet the requirement

EDIT

As to the 'Pension' or pension value. see section 8 in that same link

The pension referred to in the requirements 'means' pension income. I'm guessing the pension would have to be cashed in, or show its paying income now

Last edited by not2old; Feb 13th 2015 at 2:33 pm.
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