Hi everyone,

my first post, and this looks like a cool forum.

I was hoping someone could give me a little insight into what is proving to be a confusing issue. Here is my situation.

I have been living in the U.S. for 8 years, and hold a green card. My American wife and I have two young children, one of the has been granted a British birth certificate, so has dual nationality - the other could have the same if we apply I suppose.

I have family in the UK, and my 29 year old son is currently battling cancer - his survival odds are very slim.

We want to walk away from our business in the US, rent out our home, and move to Scotland. We would be coming here to live with family and trying to start a new business, create a new life. I don't know how long my son has, but I want to be around him for whatever it is.

Is this likely to be an issue?

Thanks in advance.

Hugh

Welcome to BE, Hugh, and sorry for your predicament, one we have seen on here too often.

The main thing I would see as a potential challenge is permission for your American wife to live in the UK. I don't know if you have seen the sub-forum on immigration issues but a large number of the threads there are about the financial requirements for bringing a non-EU spouse to the UK.

I'm sure other people with more recent specific knowledge will post details but I just wanted to say as one Scotland resident to a soon-to-be Scotland resident, welcome.

Sorry to read about your son in Scotland.

No issue for you to return to the UK. Nor your children if they are British. Although it might be best to get their UK passports before they move to the UK or else they will be stamped in for 6 months as a vitisor on their US passports. This can cause problems if they need healthcare because visitors can't have free use of the NHS. It might also cause problems for schooling.

For your wife, you will need to show that you can sponsor her for a spouse visa to the UK. It sounds like you will need to show £62,500 in savings for 6 months, to be able to sponsor her for a spouse visa to the UK. There are other ways to meet the financial requirements to sponsor, but I'm not sure they would suit your requirements of; leave old business in the US and try to start a new business in the UK.

This might not be top in your mind, but do think about getting US citizenship before you give up your life in the US, as you may want to return at some point and might have to go through the very long US process, of getting to the US as a spouse again. Especially as you intend to keep your property in the US.

I don't mean this to sound harsh (lost my Dad to cancer earlier this year) but do you know how long your son has if treatment fails?

The reason I'm asking is that it's extremely hard these days to move with a non EU spouse and you would need £62500 in savings if you have no job to go to (I'm simplifying but that's the crux).

If the worst happens what are you plans afterwards?

Would it not be better to financially prepare for a 6mth tourist stay and see what happens? This could make things even more complicated if you intended intend to stay after the worst happens but a lot less so if your son realistically has less than 6mths.

Sorry to sound harsh, but I'm looking at it objectively and I doubt that you are right now, which is perfectly natural of course.

I'm very sorry you are in this position

I can't imagine what you are going thorough.

Just to add to what Tr1boy has suggested: your wife would need to return home to the US before her 6 months visit expires, because visitors are not allowed to apply for visas from inside the UK. If you fly in via Ireland, she will only be allowed to visit the UK and Ireland for 3 months total.

She won't be able to start a business in the UK during that time or help you with a new business, because visitors are not allowed to do any work; even if it is for no pay. Nor are they allowed to work remotely. Being stamped in as a visitor, is just to visit and don't forget she will need to have health insurance.

Thank you all for your replies.

On the subject of time, it's uncertain. The consultant said he could go downhill fast, or maybe they will be managing time for him. He has a tumor in his chest about the size of my foot - too large to remove. It would need to reduce substantially to allow removal, and that is an unlikely scenario. But we live in hope.

So it looks like this is a very difficult process. I don't have a sack of money to meet those requirements unfortunately.

I also wonder if I can simply port my business over - it's wedding photography, and I could simply relocate it. But, I expect I would have to produce accounts in the UK - yes?

Maybe the 6 month option is the way to go - but doing that means that everything in the U.S. would have to wind down - and so the business would dry up.

It's a predicament for sure.

Hugh

If you sold your property and had £62,500 left after the sale, you wouldn't need to hold that money as savings for 6 months.

For self employed people, you would need to show 12 months UK accounts I think and meet the financial requirement before being able to sponsor your wife. Ksand on the uk-yankee site would be able to tell you all your options and the facts for someone who is SE.
Visas & Citizenship

Could your wife run the business while you visit? Or could she visit for just a few weeks and then go back while you stay on?

I am a UKC and my kids are dual citizens. My wife is a USC. After 24 years of being a Green Card holder I took the steps to get my USC and got it in 2012. I did it mainly as a fall back position in case we need to move back in the future for any reason. My kids have both passports... they are 3 and 6.

I have a similar business and given that we have been planning to move back to the UK for the past 2 or 3 years I slowly had to scale back my marketing so as not to attract too many new leads for customers. It was hard because I didn't have a hard date to work with and it's really hard (as you know) not to be able to commit to a wedding date 1 or 2 years out because the Bride and Groom want it set it stone, understandably.

I had to just finally commit to an end date and then switch off everything... Facebook, website, etc. But then clients started to freak out wondering where I had gone online. I lost a previously booked wedding because the couple cancelled as they just didn't believe I would actually show up (even though I had never even been 5 mins late in almost 100 weddings).

I don't know how your marketing is or how many dates you have booked in the future, but honestly, the spouse visa process is a tough one especially when you're self employed. Trust me I looked into all the angles. We got lucky when a job transfer for my wife came about. So we're going that route and then we'll do the spouse visa once we have arrived as both our salaries will then be taken into account. Once we arrive I'm planning on focusing on my other 'arm' of business which is art direction/graphic design/marketing and I'm going to look for a full-time gig. Then slowly I'll get back into weddings here and there but it probably won't be a 'main' business again for me. Also keep in mind that USA weddings aren't necessarily the same as UK weddings and budgets and styles are very different in most cases. It might be hard to expect to get up to speed quickly.

I am very sorry for your situation and of course wish you all the best with your plans. I just wanted to give you a few more things to think about especially from my similar point of view. Cheers.

I'm really sorry about your son. No idea if it is possible but could you 'sell' your business? I suppose not as you don't have 'regular' clients like most businesses, most people only get married once (hopefully!)

Hi Hugh,

Just passing by to say best wishes and hoping you get plenty of time with your son.

Hi,

I just wanted to say that I truly appreciate the good vibes and positive comments coming from here. It means a lot.

I am digging into some stuff right now, and will report back when I have more info.

Thank you all.

Hugh

I don't have anything useful to add to what has already been said but just wanted to say I am so sorry about your son.

I'm sure you head must be spinning trying to figure out what the best options are for your family, hopefully things will fall into place.

p.s I wonder if it might be viable to come over with you and your children on their British passports and your wife on her US passport. You could start building up your business in the UK and your wife could make a return trip to the US at the 6 month mark and then return for another 6 months at the end of which you would have 12 months of UK business earnings to use for her new visa. Not sure how practical any of that is but just a thought

The problem is having spent 6 months in the UK, if she comes back more-or-less right away, she's likely to be refused entry at the border for trying to live in the UK as a visitor.

Don't forget you can lose your green card if you are outside of the US for more than 6 months - you might want to apply for a 2-yr leave permit - this has to be applied for whilst in the US and requires biometrics etc, but it does preserve your green card.

Hi Hugh,
my condolences.

Since it sounds like you have helpful family back in Blighty, you might consider becoming a dual resident, especially if Snowbirding is a common practice in whatever part of the USA you are.
If you continued in your USA business then your wife will have little difficult in making repeated extended visits, as an American, without you, as long as you make up a good story and stick to it. Coming to do landscape painting (if credible) always sounds good.
A lot of transatlantic travel at different times but if you swing it right you could be with your son (in England) perhaps a third of the time, you wife another third(also in England), and you two together (in the USA) a third third. That has to be relatively cheap, and it can be put together quickly and gives you options when things are less urgent.

It sounds like your business is at least somewhat seasonal and/or predictable weeks if not months in advance and more flexible than most.

Just an idea you might consider. Generally UK does not really understand and cope with dual residence well. But USA does (snowbirding at least)
Working part time in your existing business (I imagine it is seasonal). You might even be able to work part time in UK too.

A lot of expense in travelling, but it won't be cheap whatever you do.