UK Citizen, US Spouse and Moving to UK Together

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Old Dec 10th 2014, 4:09 pm
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Default UK Citizen, US Spouse and Moving to UK Together

Hello everyone -

My husband is a British citizen currently living in the US for almost 2 years. For the past year, he's been a student and not earning much income (ceraintly not enough to meet the UK requirement (something like $8-10,000 in USD for the past year). We want to return to the UK without being separated. I read the financial requirement and I'm not sure I would be able to get a visa without being separated from him. I'm also worried about him getting a job in the UK from the US or him getting one immediately in the UK that meets the minimum income requirement.

I am a lawyer making $200,000 in a year. We have $150,000 in savings. He has about $20,000 pounds in savings in the UK. Do we meet the financial requirements to move there together without being separated? I read the financial requirements and found them confusing. It seems like that our situation (UK citizen, US spouse applying to go to UK together) would require a minimum income requirement, which we could meet in part, by supplementing with savings, but that a job in the UK (or job in the US for the past 6 months prior to the application, assuming it meets the income minimum) is necessary.

Also, if we had a child born during or after the process, how would be a British citizen through him changes things? I understand the increased income rule applies only for non-British citizens but I know the immigration rules are getting tighter and I'm not up to date on recent changes.


Thank you!
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Old Dec 10th 2014, 4:26 pm
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Default Re: UK Citizen, US Spouse and Moving to UK Together

You can use income OR savings to fulfl the financial requirement.
If you have 62,000 GBP in savings, which you do, that is sufficient.

The spouse visa is a long and quite complicated process, but if you send all the evidence as explained in the guidance on the relevant website (I expect some kind soul like SanDiegoGirl or BritinParis will come along and post the links), you should easily qualify because you meet the financial requirements to come in as people who will depend on savings.
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Old Dec 10th 2014, 11:41 pm
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Default Re: UK Citizen, US Spouse and Moving to UK Together

As between two worlds says, since you jointly hold more than £62,500 in savings, then you don't need to also meet the financial requirements for income. Evidence of your savings will suffice.

If your child is born a British child (presuming your husband is British-born then this would almost certainly be the case) either in the US or the UK then they would not be included in the financial requirements. Even if that were the case you would easily meet it.
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Old Dec 10th 2014, 11:59 pm
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Default Re: UK Citizen, US Spouse and Moving to UK Together

I'm probably wrong, but I thought the income/savings had to be held by the sponsor - the UK citizen - in this case the husband?
The OP says they have $150,00 in savings but is this in joint names and instant access? If in joint names does not only half of it count - i.e the husbands half?

If so then with the 20K he already has in the UK then he meets the requirement.

Good luck on the move!
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Old Dec 11th 2014, 12:09 am
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Default Re: UK Citizen, US Spouse and Moving to UK Together

Originally Posted by quiltman
I'm probably wrong, but I thought the income/savings had to be held by the sponsor - the UK citizen - in this case the husband?
The OP says they have $150,00 in savings but is this in joint names and instant access? If in joint names does not only half of it count - i.e the husbands half?

If so then with the 20K he already has in the UK then he meets the requirement.

Good luck on the move!
To quote the guidance:

An amount based on the cash savings above £16,000 held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control can count towards the financial requirement where applicable.
They'll need £62,500 (~$100,000) if using savings alone.
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