UK Citizen moving back to UK w/ US Spouse and Children
#1
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Joined: Jul 2016
Posts: 1
UK Citizen moving back to UK w/ US Spouse and Children
So I know this is a more specific scenario... any pointers in the right direction would be appreciated.
My husband is a UK citizen, however he has been living here in he US [legally] since we were married 5 years ago. We have discussed and finally agreed to move back to the UK due to ailing health of family members and also, to just be closer. We don't even know where to start. I've scoured the UKBA site and I'm lost.
Here is what we're looking at:
Husband (UK Citizen, US Permanent Alien)
Myself (US Citizen)
Child 1: age 11 (US Citizen)
(step child to husband, no issues w/moving overseas)
**Also, we are in process of husband formally/legally adopting her as his.
Child 2: age 4 (US Citizen)
(natural child to both)
Child 3: age 2 (US Citizen)
(natural child to both)
Does he need to move there first without us? without me? What is the best recommended method that would probably offer minimal separation of family?
ANY help is appreciated. Please be constructive, and yes I have read article upon article but can't really tell which applies where.
My husband is a UK citizen, however he has been living here in he US [legally] since we were married 5 years ago. We have discussed and finally agreed to move back to the UK due to ailing health of family members and also, to just be closer. We don't even know where to start. I've scoured the UKBA site and I'm lost.
Here is what we're looking at:
Husband (UK Citizen, US Permanent Alien)
Myself (US Citizen)
Child 1: age 11 (US Citizen)
(step child to husband, no issues w/moving overseas)
**Also, we are in process of husband formally/legally adopting her as his.
Child 2: age 4 (US Citizen)
(natural child to both)
Child 3: age 2 (US Citizen)
(natural child to both)
Does he need to move there first without us? without me? What is the best recommended method that would probably offer minimal separation of family?
ANY help is appreciated. Please be constructive, and yes I have read article upon article but can't really tell which applies where.
#2
Re: UK Citizen moving back to UK w/ US Spouse and Children
Take a look at the wiki entry, it has a good summary to get you started.
Spouse Immigration-UK : British Expat Wiki
Spouse Immigration-UK : British Expat Wiki
#3
Re: UK Citizen moving back to UK w/ US Spouse and Children
I believe that the two youngest children should be entitled to British passports, you just need to apply for them. It may also be beneficial for them, just in case of their need to prove UK citizenship in future, to also apply for consular reports of birth from abroad.
In a nutshell, you and the stepchild will need visas, which you apply for in the US before you go. You absolutely cannot get them in the UK itself. If your husband has a job already in the US earning at least the equivalent of £18600 per annum (easier atm because of the weak pound) and he gets offered a position starting within three months in the UK, same deal about the salary, then you can get the visas without him going ahead. Otherwise he needs six months of payslips earning the minimum amount in the UK before he can apply. The only other way to be able to apply without him going ahead is if you have savings of £62500 or above or $ equivalent, again easier atm. You must have had the money for minimum six months unless it is from selling your property. Luckily from America you have the option to pay extra for premium processing and people have managed to get the visa in one week.
If your husband does adopt your eldest child he may also be able to get a British passport. But I don't know too much about that. Just that if he does require a visa, you do need his father's permission to remove him from the US. I know that you said you have that though.
In a nutshell, you and the stepchild will need visas, which you apply for in the US before you go. You absolutely cannot get them in the UK itself. If your husband has a job already in the US earning at least the equivalent of £18600 per annum (easier atm because of the weak pound) and he gets offered a position starting within three months in the UK, same deal about the salary, then you can get the visas without him going ahead. Otherwise he needs six months of payslips earning the minimum amount in the UK before he can apply. The only other way to be able to apply without him going ahead is if you have savings of £62500 or above or $ equivalent, again easier atm. You must have had the money for minimum six months unless it is from selling your property. Luckily from America you have the option to pay extra for premium processing and people have managed to get the visa in one week.
If your husband does adopt your eldest child he may also be able to get a British passport. But I don't know too much about that. Just that if he does require a visa, you do need his father's permission to remove him from the US. I know that you said you have that though.
#4
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Joined: May 2010
Location: San Diego, California
Posts: 9,660
Re: UK Citizen moving back to UK w/ US Spouse and Children
Your husband as the UK citizen needs to sponsor you and your non UK child.
The document below provides details as to how he can qualify:
https://www.gov.uk/government/upload...equirement.pdf
Basically you can qualify through earnings or savings/pensions/non employment income etc
If you meet any of the financial requirements then you can apply for a visa before your leave the US, if not he will have to return to the UK, obtain a job earning the minimum and the apply for the visa.
The visa you apply for is for settlement/wife
https://www.gov.uk/join-family-in-uk
The document below provides details as to how he can qualify:
https://www.gov.uk/government/upload...equirement.pdf
Basically you can qualify through earnings or savings/pensions/non employment income etc
If you meet any of the financial requirements then you can apply for a visa before your leave the US, if not he will have to return to the UK, obtain a job earning the minimum and the apply for the visa.
The visa you apply for is for settlement/wife
https://www.gov.uk/join-family-in-uk