UK Spouse Visa / UK child Citizenship

Old Jun 28th 2020, 7:04 pm
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Default UK Spouse Visa / UK child Citizenship

Me and my American wife both reside in the US, I am a British Citizen by birth (born in the UK), regarding my parents, my father is British and my mother is a naturalized British citizen. Me and my wife are expecting our first child in a few months and I was wondering if I am correct in saying that they would be eligible for British citizenship as I am a British Citizen. When looking online are the best steps of obtaining documents of evidence of citizenship for the little one would be by paying to have their birth registered in the UK, once this step has been completed should we move forward and apply for a UK passport for them so there are strong ties of British citizenship?

UK Spouse Visa:

Regarding the UK Spousal visa, me and my wife have been looking into as we would like to return to the UK so we can be closer to family. As both me and my wife are living in the US are the two current options we have of returning are to either show 62.5K GBP in a bank account for 6 months OR for me to obtain a job offer in the UK earning at least 18.6K GBP? I think the job offer route is the only option for us both as the savings route can take some time to reach, the plan is to hopefully receive a job offer and move in to my parents home temporarily.
  1. Once being presented with a job offer at this point do you then proceed to apply for the UK spousal visa, what is the ballpark time it takes to process the visa when applying from outside the UK.
  2. Is there a medical or interview required to obtain the Visa?
  3. As our child would be a British citizen at the time of filing, there would be no additional payment required for our child this would only be concerning my US spouse?
  4. When obtaining the job offer on company headed letter are you required to start this job when arriving in the UK or if you find a better job offer than the one you applied for can you accept that? I guess in a nutshell is that the job offer you receive do you have to work in that job for a certain period of time?
  5. I believe that this visa last for 2.5 years and then you would apply for a 2nd visa that lasts 2.5 years, am I correct in saying on the renewal (2nd visa) both myself and my wife's income would contribute to the 18.6K Minimum Income Requirement, though when we apply for the actual spousal visa at the beginning it is only my eligibility to make $18.6k through a job offer that is considered?
  6. What are the most common causes of the visa being rejected is it due to not providing enough information or not meeting the minimum income requirement?
  7. I understand my wife would pay a NHS surcharge fee, once this is paid does she have access to a GP and the hospital system like I would or is it different?

Apologies for the wealth of questions, we are just both greatly interested in moving back and want to ensure that we fully understand everything and our options. I read that on 1st January, 2021 the new UK points based immigration system will take into effect, do you think this will change the current requirements for family based immigration via a spousal visa, would the minimum income requirement be scrapped or will it be raised?

Additionally, in 2022 is it true that EU nationals who reside in the UK and are married to a UK national will need to apply for a remain to stay similar to the current process for non-EU spouses? I am just wondering if family based immigration requirements will change for the better to make it better for families to be together and reside together OR if they plan to increase the minimum income requirement. I know from reading online that there has been a campaign by the JCWI to scrap the minimum income requirement though I don't know how much traction it has has with everything that has been going on with Brexit.
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Old Jun 28th 2020, 9:33 pm
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Default Re: UK Spouse Visa / UK child Citizenship

If you are a British citizen born in the UK you child will be born British. End. Of. Story. Registering your child's birth is a wise step, and is permanent and irrevocable evidence of British citizenship. A certificate of registration of birth can be used to apply for a British passport at any time, whether your child is 6mths old or 80 years, so there is no urgency nor necessary reason to apply for a passport any time soon (unless like the US a deal Canada the UK enacts legislation compelling British citizens to enter the UK on a British passport).

I am about to apply for a first British passport for my 13 year old daughter, who is a US/UK dual citizen, and have deferred doing so until the first renewal will be directly to an adult passport.
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Last edited by Pulaski; Jun 28th 2020 at 9:41 pm.
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Old Jun 29th 2020, 2:05 am
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Default Re: UK Spouse Visa / UK child Citizenship

1. Normally six to eight weeks from the US with Priority processing however with COVID-19 expect far lengthier processing for the foreseeable future.

2. No; however the applicant will need to attend a biometrics appointment.

3. Correct.

4. A qualifying job offer needs to be in place at the time of application but if you receive a better offer after applying then you can take that job instead.

5. Correct

6. Not meeting financial requirements is the most common reason for refusal. This includes those who do meet the financial requirements but have provided insufficient evidence.

7. Exactly the same.

8. It’s unlikely to change.

9. Not if they are already resident in the UK. Any EU national, married to a British citizen or not, can apply for settled status for free under the EU Settlement Scheme. New arrivals will have to meet the same financial requirements as non-EU spouses.

Last edited by BritInParis; Jun 29th 2020 at 2:08 am.
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Old Jun 29th 2020, 4:25 am
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by BritInParis View Post
1. Normally six to eight weeks from the US with Priority processing however with COVID-19 expect far lengthier processing for the foreseeable future.
I don't want to get the thread off topic - but I have been wondering if, given the decline in applications prior to the lockdown and the fact that alot of VFS centers aren't re-opening just yet, maybe the backlog isn't that bad. I was kind of hoping that my wife's application might squeak through a bit quicker because we got it in before China, India, USA and many other countries have reopened. There was certainly nobody at the VFS center in KL when we were there. But this is likely to be wishy thinking on my part.
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Old Jun 29th 2020, 4:25 pm
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by Blue York View Post
Me and my American wife both reside in the US, I am a British Citizen by birth (born in the UK), regarding my parents, my father is British and my mother is a naturalized British citizen. Me and my wife are expecting our first child in a few months and I was wondering if I am correct in saying that they would be eligible for British citizenship as I am a British Citizen. When looking online are the best steps of obtaining documents of evidence of citizenship for the little one would be by paying to have their birth registered in the UK, once this step has been completed should we move forward and apply for a UK passport for them so there are strong ties of British citizenship?

UK Spouse Visa:

Regarding the UK Spousal visa, me and my wife have been looking into as we would like to return to the UK so we can be closer to family. As both me and my wife are living in the US are the two current options we have of returning are to either show 62.5K GBP in a bank account for 6 months OR for me to obtain a job offer in the UK earning at least 18.6K GBP? I think the job offer route is the only option for us both as the savings route can take some time to reach, the plan is to hopefully receive a job offer and move in to my parents home temporarily.
You should read the following document carefully to see how you can qualify under the financial requirements:

http://www.gov.uk/government/uploads...e_20140324.pdf

It is not a case of just obtaining a job in the UK..... depending on when you get the job further criteria need to be meet.
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Old Jun 29th 2020, 5:34 pm
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by BritInParis View Post
1. Normally six to eight weeks from the US with Priority processing however with COVID-19 expect far lengthier processing for the foreseeable future.
2. No; however the applicant will need to attend a biometrics appointment.
4. A qualifying job offer needs to be in place at the time of application but if you receive a better offer after applying then you can take that job instead.
6. Not meeting financial requirements is the most common reason for refusal. This includes those who do meet the financial requirements but have provided insufficient evidence.
8. It’s unlikely to change.
.
  • In terms of Priority processing is this available for those applying outside of the UK?
  • Is this processed in the US and if so are there certain locations or do most states have a location that can do these appointments?
  • Regarding the job offer, if one was to obtain a job offer and were to receive a VISA with this am I correct in saying that there is no requirement to start that job? Once the visa is approved I can then apply for other jobs or obtain a different job once in the UK? Additionally, at that point once we are both present in the UK and my wife is on the spousal visa both me and my wifes income are included to meet the $18.6k minimum income requirement?
  • If going via the route of a job offer of 18.6k or more do I still need to show payslips and pay-stubs from my current employer?
That is unfortunate I really hoped that it would of changed for the better or for them to allow other sources of income for consideration, there are so many Skype families due to this rule.

Originally Posted by SanDiegogirl View Post
You should read the following document carefully to see how you can qualify under the financial requirements:

http://www.gov.uk/government/uploads...e_20140324.pdf

It is not a case of just obtaining a job in the UK..... depending on when you get the job further criteria need to be meet.
I have reviewed the document previously I believed it to be Category A - a job offer of 18.6k in the UK and for me to be making above the MIR in my current position for at least 6 months, please let me know if there is any additional criteria I am missing.
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Old Jun 29th 2020, 6:07 pm
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Default Re: UK Spouse Visa / UK child Citizenship

To apply under Cat A you:

- need to have been in your job in the US for 6 months or more
- need to have been earning, in the US, 18,600 GBP or more
- your new job in the UK must start within 3 months of your return to the UK

Yes, you can get priority service from the US
Yes, you will be advised to attend your nearest visa office to obtain your biometrics
Yes, once your visa is issued you could get a different job
Yes, you need to show payslips, letter of employment/contract, bank statements from your current job in the US, AND the employment letter/contract from the new employer in the UK (all this is detailed in the link I gave you)
When you apply for the next visa (after the initial 2.5years) you can use both your and your wife's income to meet financial requirements.
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Old Jun 29th 2020, 8:45 pm
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by SanDiegogirl View Post
To apply under Cat A you:

- need to have been in your job in the US for 6 months or more
- need to have been earning, in the US, 18,600 GBP or more
- your new job in the UK must start within 3 months of your return to the UK

Yes, you can get priority service from the US
Yes, you will be advised to attend your nearest visa office to obtain your biometrics
Yes, once your visa is issued you could get a different job
Yes, you need to show payslips, letter of employment/contract, bank statements from your current job in the US, AND the employment letter/contract from the new employer in the UK (all this is detailed in the link I gave you)
When you apply for the next visa (after the initial 2.5years) you can use both your and your wife's income to meet financial requirements.
Thank you for the reply, hopefully when asking my employer for those details they will be fine that I would be looking to leave but also need their assistance in acquiring this in submitting the application.

Per 3.3.7. Payslips must be original formal payslips issued by the employer and showing the employer’s name, or be accompanied by a letter from the employer, on their headed paper and signed by a senior official confirming they are authentic.

I assume they mean a separate letter confirming that the pay stubs are authentic rather than individual signing each payslip.
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Old Jun 29th 2020, 9:04 pm
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by Blue York View Post
Thank you for the reply, hopefully when asking my employer for those details they will be fine that I would be looking to leave but also need their assistance in acquiring this in submitting the application.

Per 3.3.7. Payslips must be original formal payslips issued by the employer and showing the employer’s name, or be accompanied by a letter from the employer, on their headed paper and signed by a senior official confirming they are authentic.

I assume they mean a separate letter confirming that the pay stubs are authentic rather than individual signing each payslip.
Some people get each payslip authenticated by stamping/signature - other get the letter stating the authentication of the payslips.
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Old Jun 29th 2020, 10:30 pm
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Default Re: UK Spouse Visa / UK child Citizenship

I see, is it true that they do not ask for a request for evidence if something is not submitted? do they just flat out reject the application and you need to pay a new fee?
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Old Jun 30th 2020, 12:06 am
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by Blue York View Post
I see, is it true that they do not ask for a request for evidence if something is not submitted? do they just flat out reject the application and you need to pay a new fee?
They will not ask for additional information (or documents which have been missed) if they do not feel any new documents will make any difference to a refusal.
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Old Jun 30th 2020, 11:01 am
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by Blue York View Post
I see, is it true that they do not ask for a request for evidence if something is not submitted? do they just flat out reject the application and you need to pay a new fee?
Read Family Members - Specified Evidence in this link:
https://www.gov.uk/guidance/immigrat...ified-evidence

Just a further note on providing evidence of a job offer in the UK, although as stated you don't necessarily need to take up that offer, it does need to be a genuine offer for a genuine job. I'm only mentioning it for the benefit of anyone reading this thread in the future, as they may have thought that a 'made up' job offer from a family member or friend would suffice. UKVI can check if a job offer is genuine.

Best of luck with your application.
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Old Jun 30th 2020, 2:48 pm
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Default Re: UK Spouse Visa / UK child Citizenship

Originally Posted by spouse of scouse View Post
..... I'm only mentioning it for the benefit of anyone reading this thread in the future, as they may have thought that a 'made up' job offer from a family member or friend would suffice. UKVI can check if a job offer is genuine. ....
Agreed! There was a case here on BE 3-4 years ago where someone was having difficulty proving his job as an "executive assistant" or some other highfalutin job title, when he was, in fact little more than a gofer for his uncle who was apparently a small time businessman with a corner shop and some rental properties. The job didn't pass the smell test either for being a genuine job or one sufficient to generate pay sufficient to meet the income requirement.
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Old Jun 30th 2020, 5:16 pm
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Default Re: UK Spouse Visa / UK child Citizenship

From what I gather if one was to obtain a genuine job offer from a family friend or connection of course I understand that it would need to be a genuine job and offer and in the scenario that the previous poster mentioned I can understand why that would be an issue.

I guess the sector I am in is pretty niche and I would be looking to accept a job offer in a different industry, if I were to receive a genuine job offer for an entry-mid level job from someone in my or my family's network back home to get myself on my feet for a few months would this be okay? I guess I would not mind accepting a entry-mid level job offer around the 19-22k though once one has the VISA for their spouse the UK partner can then apply for other positions if relevant positions related to their past work experience open up?

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Old Jun 30th 2020, 5:41 pm
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Default Re: UK Spouse Visa / UK child Citizenship

You need a genuine offer of a job. Random checks are made to ensure. for example, that the company exists, is legally registered etc.

Following the issue of the visa you can do what you like - work in the job, leave for a new job.
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