adamthefirstman

Hi All, I'm looking for a little guidance. I'm British living in Philadelphia, have been for 9 years. My wife is American, we have 4 American/British children (we got their British passports last year - Christmas present from Mother). We have decided to move our family to the UK. A spousal Visa seems the obvious option. My wife is 3 months pregnant (with Twins), we'd like to fly before she is 8 months pregnant. We have to sell the house here, I need to find a job there. We have 20 weeks, ideally less - so we have a bit of a time crunch really..

To apply here in the US requires:
Me to travel to the UK and secure an employment offer for $30K for when we arrive (2 weeks)
Us to apply for the Spousal Visa with the income requirement for the UK, and the historic income proof here in the USA (4-12 weeks)
Sell the house, arrange for the International Movers and go. (10 weeks)

If we meet all the requirements we can 'bet' on the visa being approved and put the house on the market before we get the visa confirmed - a little risky, and if it is refused (for reasons unknown to us currently) we'll be homeless with Twins coming.

I'd like to know (if you can help) what the options are for applying in/from the UK, a couple of questions:
Before we leave the USA can we apply for a Family Visa or Extended Stay Visa for her and then apply from the UK for her ILR?
Should the Children depart or arrive on their British passports?

Thanks in advance for all your help.
Adam

SanDiegogirl

You must apply for the spouse visa from the US - you wife cannot visit/enter the UK and apply for the spouse visa from the UK

Indefinite Leave to Remain (ILR) won't be available until your wife has lived in the UK for 5 years.

To apply from the US, your job in the UK must be paying at least 18,600 GBP (not 30K as you quoted); your current job in the US must also be paying 18,600 GBP. Depending on your circumstances you can then apply under Cat A or B

You enter the UK using your British passports.

You are wishing to move within 5 months! You have not got a job yet, and unless you pay for priority service (no guarantee of timescale) you are NOT likely to make this.

BritInParis

How much are you likely to sell the house for?

adamthefirstman

Thank you SanDiegoGirl. Yes, it is tight for time, hence the post. I could fly to the UK in 2 weeks and try to secure a job offer (I have already 'tickled' a few companies and will get 3-5 interviews), what's your experience of the expedited application process - how fast/slow can it be? Evidence of the relationship is pretty straight forward - we've co-habited since we married 9 years ago and have 4 children with one on the way.

The only potential 'spanner in the works' is that my wife was previously married to a British man and was granted LLR. They divorced, we met and left to live in the US - the LDL expired. Her initial visa attempt recently was to re-new her LLR - it was refused.

BritInParis - we will have over GBP100K from the house sale.

It looks like I might be flying solo to England pretty soon!!! Unless one of my contacts offers me a job on a phone interview.

BritInParis

You can use the proceeds from the house sale to meet the financial requirements via cash savings as soon as it sells.

adamthefirstman

Thanks BritInParis - I think the savings have to be in my name for 6 months - that might ultimately be an option but its not going to get us there in 3/4 months.

Applying from here (the USA) with my wife, I do have a job offer in the UK for over GBP18.6k to start when I get there - does that satisfy the income requirements - its not clear on the VISA4 UK site. We do the on-line application, go for the bio-metrics, send in the evidence of financial requirements (paychecks/bank statements), evidence of our relationship, proof of maintenance (housing) in the UK, proof of employment and employability (Resume/CV) and then hope for the best!?!?!

Thanks for all your help!!!!!!!!!
A

BritInParis

So long as you had owned the property in question for at least six months before its sale then you can use the proceeds to meet the financial requirements immediately. You do not need to hold them for a further six months to meet the financial requirements under Category D.

You’ll need to have been working in the US in a job that pays at least £18,600 pa for the past six months and have a job offer in the UK starting within three months of your proposed return with a salary of at least £18,600 pa in order to meet the financial requirements under Category A. The Home Office won’t need to see your CV but they will want to see your employment contract(s) and offer letter.