AberdeenQuine

Hi everyone,

I’m originally from Scotland but have lived in the US for 19 years (permanent resident not citizen) and have an American husband, two kids, a house and several pets.

We are seriously considering moving to Scotland in the next 1-2 years because I want to be closer to my mum and dad, I really miss home and we all prefer it there in many ways. It’s such a massive decision though and it’s difficult to know what to do for the best, for the kids especially. However, I feel like it’s now or never for several reasons.

I understand that the kids would automatically qualify for British Citizenship because of me but would it be a good idea to apply for their British passports now?

The main challenge would be my husband. Is him finding a job and company to sponsor him for a visa the only way that he could live there? He is the primary earner as I gave up my career many years ago for our kids.

I would greatly appreciate any advice as it’s all a bit overwhelming! But we do want to start doing our research to see if this dream is feasible or not. Thank you.

morpeth

Well I could certainly recommend applying for British citizenship for the children sooner rather that , citizenship rules can always change. Depending on age of children, another benefit to Scotland after three years residence university tuition is largely covered.

Pulaski

Er, they are British citizens (assuming that their mother was not British "by descent"), and have been since birth. Just because they don't have passports, and that (I assume) their births weren't registered with the UK government, doesn't alter the fact that they are British. Hypothetically, and change in "the rules wouldn't apply to them as such rules are tied to the laws at the date of birth.

Helen1964

Hi there
Why do you think him finding a job and company to sponsor him is the only possible route? A quick Google search would seem to indicate that as his British spouse you can bring him if you either meet the minimum income requirement (£18,600) or have around £62 000 in savings. But presumably you know about this route already?

Even if the above is an option, I would be very cautious about bringing your main breadwinner to the UK without a job arranged in advance. There was a lady on here a few weeks ago (they moved to Hampshire I think) and she was planning to move her husband and kids back to wherever they’d come from.
Forgive me for playing devil’s advocate but the housing market is ridiculous in some parts of the country, the NHS is really struggling and the weather is pretty awful.

What’s so terrible about where you live now?

Pulaski

If you don't have £62,500, already in a bank account (who does? ), it can come from the net proceeds of the sale of your home (obviously you would then need to move into rented accomodation pending the approval of a visa for your husband, but the requirment to hold the funds for 6 months would be waived), or could be cashed out of a 401k.
I would definiely second this warning. Does your husband have transferable qualifications and skills to obtain work in the UK? Most professional and trade qualifications/ certifications do not transfer between the US and UK, whether he is a plumber or a doctor, or anything else with a qualification requirement, he faces a potentially lengthy and/or expensive requalification process on arrival in the UK.

Expatrian

Hi.
Very big decision indeed, and most likely an expensive and disruptive one. How old are the kids, and I assume they are US-born? Where do you live now (for comparison)? Have the family spent much time in Scotland and what are their feelings towards living there (and are you sure this is not just your dream and you’re not just trying to sell it to them)? Is this more about wanting a change than moving back (or rather ON, to the UK)?

Your tax situation will likely less advantagous. There won’t be any more filing jointly, which with one income is advantagous. You may also be subject to UK inheritence taxes later if you stay, vs the US where they’re non-existent for most people.

My advice is try to picture the worst case scenario: you sell up and move back, and later realize you made a huge mistake. Moving away again from family will be harder. I think the risks are higher being your family is (I assume) from the US as they will be leaving their home. I’m challenging you a bit here so you start down a path of a bad decsion (that could also end up being a good one).

AberdeenQuine

Thanks so much to all of you for taking the time to reply. I really appreciate it and all of the good points you have made to consider. Yes, the kids were born in the US and are currently 8 and 13 years old. We have all spent many summers with my family in the UK, so we all know what to expect, although I appreciate that being on holiday is very different to actually living somewhere!

Thanks for bringing up the spousal visa. We looked at this a while ago and, for some reason, thought that this route wouldn’t apply to us. I think my husband thought that the spouse visa wouldn’t give him the right to work in the UK but upon looking in to it again, it appears that this is incorrect? Also, we thought that we wouldn’t qualify due to me not working over here for several years but it looks like his earnings/pension alone or our joint savings/assets might meet the requirements? Clearly we need to do a lot more research on this. Any feedback on this would be much appreciated.

Thanks again! Very grateful that I found this forum.

Pulaski

Yes, a spouse on a spouse visa can work immediately on arrival in the UK, and has unrestricted rights to work in the UK, equivalent to UK citizens (except in rare cases where a job involves national security), and your situation is definitely suitable for a spouse visa. While it will take a little finageling to qualifiy for a spouse visa based on cash savings, it is going to be by far the easiest and most certain way of relocating your family to the UK.

morpeth

I agree, though frankly in these uncertain times I think prudent to have the British passport than not to have it, in case of rule changes whatever they might be even just the rules for applying for child or adult's first passport.