manchester2016

Hi all,

Do you have any recommendations for a legal expert that could answer a couple of quick questions for our spouse Visa?

Happy to pay of course.

Thanks.

BritInParis

This forum is pretty good. What are your questions?

manchester2016

I am a British Citizen, with a US wife. We are moving from the US to UK this summer, under the spouse visa.

A key component of that visa is that I have an income of 18k (pounds) or above, and can show that I will keep that income once I land.

My income is fortunately more than triple that amount... BUT, it is for a US company, that currently pays me in $ to my US account. I have IRS returns, employment offers etc... but I don't know whether its best to:

a) Not worry about it, they will easily be able to see that my income (once converted) is above their requirement.

or

b) They may not like or count it, so I need to setup a LTD company in the UK ASAP and start invoicing my US company from there.

Thanks

BritInParis

https://www.gov.uk/government/upload...ugust_2015.pdf

Do you have a job offer in the UK earning above £18,600 as well?

manchester2016

Thank you... I don't have an additional job offer, I LOVE my job for the US company, and I already work remotely, so being in the UK vs US is not a hurdle for my position.

Based on your input, it looks like they will simply be translated to GBP. If so, that's good news.

Do you think I will just need an employment letter, paystub, etc?

BritInParis

It might be a bit tricky to continue working for your US employer remotely as the financial requirements don't consider that a possibility. Have a read of Annex FM 1.7.

Does your wife have any recent European ancestry, Italian or Irish grandparents for instance?

manchester2016

She has European ancestry, but on a great grandparent level.

We have one other person living in the UK and working for this same company, he simply created a LTD company and invoices the US company.. so therefore would be self-employed.

Based on what you are saying, that may be the safer option?

BritInParis

That might work depending on which country.

Most probably yes.

manchester2016

In section 7 it says cash savings can be a factor.

Assuming we meet the required amount of cash savings, would that mean we don't need to worry about the income aspects? In other words, can we JUST focus on the savings aspect?

BritInParis

If you meet the cash savings requirements then that's certainly a lot easier than income when doing the paperwork. You'll need £62,500 in cash savings.

manchester2016

We were under the impression the amount was much smaller than that:

SanDiegogirl

No, if you are going the savings route exclusively (i.e not using income at all) then you need 62,500 GBP in total

The visa is for an initial 2.5 years so without income you need to show 18,600 x 2.5 plus the initial 16,000 GBP you need to start off with = 62,500 GBP.

The clause you are reading refers to where someone has income (but is below 18,600 per annum) and is using savings to make up the shortfall.

not2old

see pages 46, 47 & page 17 in that link Appendix 1.7

https://www.gov.uk/government/upload...ugust_2015.pdf

.

manchester2016

@SanDiegoGirl and @Not2Old - thanks for the clarifications... could I get your initial thoughts on my main set of options?

UPDATED with a 3rd option:

I am a British Citizen, with a US wife. We are moving from the US to UK this summer, under the spouse visa.

A key component of that visa is that I have an income of 18k (pounds) or above, and can show that I will keep that income once I land.

My income is fortunately more than triple that amount... BUT, it is for a US company, that currently pays me in $ to my US account. I have IRS returns, employment offers etc... but I don't know whether its best to:

a) Not worry about it, they will easily be able to see that my income (once converted) is above their requirement.

or

b) They may not like or count it, so I need to setup a LTD company in the UK ASAP and start invoicing my US company from there.

or

c) I could instead of/in addition to my US company salary, have my father, who owns a UK company, hire me for 12 months at 20k per year etc, and provide a job offer letter saying he will employ me once I arrive.

Which of these 3 options do you think is smoothest?

Thanks

not2old

option c), just make sure its legit, that you are gainfully employed, that your employer (even if its your Dad) deducts & that you pay national insurance contributions & income tax

Job description, business card, just like working for anyone else

Then, over time you could go option b) self-employed

or, you have the 62,500 pounds savings