Britishmum86

Hello so this is my story..I was born and raised in the UK since 1986, in 2009 I met my husband who was stationed in the UK with the US air force, in 2011 we got married in June and then in October my husband got retired and sent back to America. I stayed in the UK without him for 6 months while I waited for mine and my sons visas (my son is from a previous relationship) and I had to go through court with my sons biological dad to get the permission for him to move with me to America.

Me and my son moved to America in May 2012 with the impression that my husband's family was amazing and that my son would have more people around him and a better life in America. Well our first year in America was amazing and then the grandparents in America started getting jealous of each other and the family pretty much got broken apart. We went on to have two daughters. We only had my husband's step mother left and his half brother and two sisters but they got distant. My husband got put in the position to work from wherever he wanted (he's a graphic designer) and we got invited to live with his dad and his new wife in their new big house so that we could save and get our own place over here in north Carolina. Well my husband lost his job and things have gone downhill since, his dad suffers with mental issues and his wife who we thought was amazing is actually quite crazy and she's putting us through hell.

Realizing that we have no family left here I really want to move back to the UK and be with my family and for our kids to have more family around them plus I want them to go through the same school system that I did.

We thought that we qualified for the EEA family permit not realizing that I as the British citizen had to work in an EU country for 3 months plus immediately before. We got refused and so we appealed because in the appeal letter it seemed like they were saying that I am not a British citizen bit it says it clearly in my passport and birth certificate. I really didn't think it would be so hard for me to go back to my country.

My sons father is there and my whole family and my husband has a son who is there from a previous relationship so we have so many connections, the UK is definitely for us.

It seems like our only option is a spouse visa for my husband but the fact that I as the British citizen needs to be earning the £18,000 a year just seems crazy (my husband's the one with the good job qualifications) plus you need so many savings. I'm just thinking there must be another option for us? Please is you can help I would love some information.
My husband has an online job right now creating a newspaper but he doesn't earn £18,000 he will get an extra job while in the UK though and I have a bakery business that I will operate from home once in the UK so we're financially going to be OK because I have my families support too.

I'd really appreciate any help you may have! I was also thinking about contacting the home office?

SanDiegogirl

To obtain a spouse visa there are financial requirements to fulfill. . There is no discretion in this.

The following document provides full details of how you can qualify. You can qualify via employment income, savings, pension income, non employment income etc.
If employment income, it is only YOURS as the British citizen which can be taken into consideration, but other options such as savings, pensions can be either or joint.

https://assets.publishing.service.go...ent-ext_1_.pdf

No point in contacting the HO - about what?

Pulaski

No, you pretty much have it - to sponsor a spouse visa you need either job (£18,600pa, either in the UK for six months, OR currently in the US earning that much AND an offer for a job earning that much to start within three months), or £62,500 savings'* or mix and match some of each - some savings if you don't earning enough. That's it, those are your options. Don't waste your time trying to contact the Home Office, your concerns and objections have already been through the courts in the UK and upheld every time.

* If your savings come from the sale of a home they don't have to season for six months. Is that an option for you?

Britishmum86

Thank you for your response! No we don't have a home to sell.
Would I be able to go over to the UK with my kids (one has British passport and two have American) and get a job then have my husband join us 3-6 months later? That would qualify going the EEA family permit route right?
Have also considered getting my daughters British passports I think that would be easier.

SanDiegogirl

You are not eligible for the EEA spouse visa. That is only for British citizens who have lived and worked in the EU and are returning to the UK with non EU spouse.

Your husband has to qualify for a UK Immigration Spouse visa - a completely different visa with different criteria.

Please read the document I linked for you - the categories detailed there are the only ones by which you can get a visa for your husband.

If you return to the UK first you can only apply for the visa once you have worked for 6 months minimum at a job earning 18,600 GBP per annum. The visa application could take up to 3 months to process.

Yes, get your daughters their British passports - otherwise they will enter the UK as visitors only.

Pulaski

You misunderstood my post and the UK visa rules. As advised by SDG above, the EEA family permit has nothing to do with your situation, so please forget about it. You need to work out how to qualify to sponsor your husband for a visa. End of story! As advised above, using some combination of job and/or savings. .... Do you and/or your husband have a 401K(s) you can cash in when you leave your job(s)?
"Considered"? Assuming you were born in the UK then your daughters are British (by descent), and as they are British they don't need visas; the only appropriate way for them to enter the UK to live is using British passports.

BritInParis

Your husband - does he have any recent European ancestry? Grandparents or great-grandparents born in Europe?