U.K. Spouse visa for US husband
Oct 27th 2017, 1:27 am
#1
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U.K. Spouse visa for US husband
I'm not sure that I'm posting in the right forum, so admins please feel free to move it if it's wrong. So my situation is on the financial side of things. My husband is a US army veteran and receives $3197 a month in compansation, no matter where he'd live in the world, which would take us over the £18,600 the government asks for. We are living in Missouri, we have a 1 year old daughter (received her British passport today, took literally 14 days to get, great service), and we feel like relocating to the UK would be good for my daughter as she has many cousins and family, he doesn't have much family in the USA. Also, he plans to study in the UK, which will be paid for via his GI BILL and we'd get a living allowance of $1600 a month. I don't have a job to go home to, do you think the British government would consider his compansation benefit? I'm going to contact solicitors back home, but I'd like to see what people's opinions are on the matter or if anyone knows of any information that may be helpful. Thank you very much.
Last edited by Britlulu; Oct 27th 2017 at 1:31 am.
Oct 27th 2017, 2:00 am
#2
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: U.K. Spouse visa for US husband
Unfortunately it is only your income that counts towards the £18,600.
There are several alternatives open to you, though none of them ideal.
If you are currently working and earning at least £18,600/pa (eqiv) then an offer of a job in the UK starting within three months would be sufficient to support a visa. Perversely, once you have relocated to the UK your household income would be considered to extend your husband's visa after 30 months, so if he already has continuing income in excess of £18,600 then you wouldn't actually need to take up the job (and there is no requirement or compulsion to do so - for example if you found another job instead).
As you have a steady income to live on the Surinder Singh route is still open to you at the moment - meaning that you exercise your treaty rights to live in another country in the EU, then after a typical six month stay, carefully documented, you relocate to the UK under the EU law entitling you to move between EU countries. At least one of you would need to be working, looking for work, or studying in order to meet the requirements for "exercising your treat rights".
If you don't have a job currently, and don't fancy the Surinder Singh route, then returning to the UK and working for six months for at least £18,600/pa then you could apply for a visa. Your husband could "visit" during this time, but would be required to return to the US to apply for his visa.
BTW please consider very carefully if you want to spend money on a solicitor. The process to apply for a spouse visa is quite straight forward, and the involvement of a lawyer is likely an unnecessary expense unless your husband has a significant complicating factor, such as a criminal record. In practice you would be required to complete the forms anyway as a lawyer doesn't have the information about your and your husband, so it is rather dubious what value a lawyer adds for most people assuming that they can read and write English and complete bureaucratic forms.
I have asked that this thread be moved over to the "Moving Back to the UK" forum for you.
There are several alternatives open to you, though none of them ideal.
If you are currently working and earning at least £18,600/pa (eqiv) then an offer of a job in the UK starting within three months would be sufficient to support a visa. Perversely, once you have relocated to the UK your household income would be considered to extend your husband's visa after 30 months, so if he already has continuing income in excess of £18,600 then you wouldn't actually need to take up the job (and there is no requirement or compulsion to do so - for example if you found another job instead).
As you have a steady income to live on the Surinder Singh route is still open to you at the moment - meaning that you exercise your treaty rights to live in another country in the EU, then after a typical six month stay, carefully documented, you relocate to the UK under the EU law entitling you to move between EU countries. At least one of you would need to be working, looking for work, or studying in order to meet the requirements for "exercising your treat rights".
If you don't have a job currently, and don't fancy the Surinder Singh route, then returning to the UK and working for six months for at least £18,600/pa then you could apply for a visa. Your husband could "visit" during this time, but would be required to return to the US to apply for his visa.
BTW please consider very carefully if you want to spend money on a solicitor. The process to apply for a spouse visa is quite straight forward, and the involvement of a lawyer is likely an unnecessary expense unless your husband has a significant complicating factor, such as a criminal record. In practice you would be required to complete the forms anyway as a lawyer doesn't have the information about your and your husband, so it is rather dubious what value a lawyer adds for most people assuming that they can read and write English and complete bureaucratic forms.
I have asked that this thread be moved over to the "Moving Back to the UK" forum for you.
Last edited by Pulaski; Oct 27th 2017 at 2:04 am.
Oct 27th 2017, 8:38 am
#3
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Joined: Dec 2013
Location: Consolacion,Cebu
Posts: 1,931
Re: U.K. Spouse visa for US husband
As usual a good post from Pulaski. The only other alternative is if you and your husband have £62,500 (in US $ equivalent) that you have held in an instant access account for 6 months , or are selling a property which you have lived in for 6 months, then you can apply via the savings route and travel together back to the UK. Here's the link to the financial requirements Appendix_FM_Annex_1_7_Financial_Requirement.pdf
Oct 27th 2017, 4:32 pm
#4
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Location: San Diego, California
Posts: 9,662
Re: U.K. Spouse visa for US husband
If the compensation that the OP is referring to is an army 'pension' or for life payment, then that COULD be used to meet the financial requirements.
The OP calls it compensation, but if it is a pension then that certainly can be used to meet financial requirements.
8. Pension
8.1. Category E: Pension – requirements
8.1.1. The gross annual income from any State (UK Basic State Pension and Additional or Second State Pension, HM Forces Pension or foreign), occupational or private pension received by the applicant’s partner or the applicant can be counted towards the financial requirement under Category E.
Read the rest of this section in FM 1.7
https://www.gov.uk/government/upload...ment_Final.pdf
The OP should certainly pursue the eligibility of these payments for meeting the financial requirements.
The OP calls it compensation, but if it is a pension then that certainly can be used to meet financial requirements.
8. Pension
8.1. Category E: Pension – requirements
8.1.1. The gross annual income from any State (UK Basic State Pension and Additional or Second State Pension, HM Forces Pension or foreign), occupational or private pension received by the applicant’s partner or the applicant can be counted towards the financial requirement under Category E.
Read the rest of this section in FM 1.7
https://www.gov.uk/government/upload...ment_Final.pdf
The OP should certainly pursue the eligibility of these payments for meeting the financial requirements.
Oct 27th 2017, 5:46 pm
#5
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: U.K. Spouse visa for US husband
If the compensation that the OP is referring to is an army 'pension' or for life payment, then that COULD be used to meet the financial requirements.
The OP calls it compensation, but if it is a pension then that certainly can be used to meet financial requirements.
8. Pension
8.1. Category E: Pension – requirements
8.1.1. The gross annual income from any State (UK Basic State Pension and Additional or Second State Pension, HM Forces Pension or foreign), occupational or private pension received by the applicant’s partner or the applicant can be counted towards the financial requirement under Category E.
Read the rest of this section in FM 1.7
https://www.gov.uk/government/upload...ment_Final.pdf
The OP should certainly pursue the eligibility of these payments for meeting the financial requirements.
The OP calls it compensation, but if it is a pension then that certainly can be used to meet financial requirements.
8. Pension
8.1. Category E: Pension – requirements
8.1.1. The gross annual income from any State (UK Basic State Pension and Additional or Second State Pension, HM Forces Pension or foreign), occupational or private pension received by the applicant’s partner or the applicant can be counted towards the financial requirement under Category E.
Read the rest of this section in FM 1.7
https://www.gov.uk/government/upload...ment_Final.pdf
The OP should certainly pursue the eligibility of these payments for meeting the financial requirements.
