Former Spouse Visa, moved back to US now want to move back to UK
 

First of all I would like to thank everyone for my advice many years ago in 2008 when I married my UK husband and lived in England! Also for the greencard advice when we moved to the US.

I applied for my fiance UK visa in March 2008, got approved in May 2008. Got married in Oct 2008, applied for Spouse UK visa in Nov 2008 and got approved.
Moved back to US in Aug 2009 which my husband got his greencard.

So we live in Los Angeles and I guess we would be applying from 'outside the UK' and he would need to make £18,600 (which is nearly $40,000 a year) He doesn't not make that, but I think his parents would be able to put that in his savings. Does the income have to be from a job or can it be any other source?

Or would it better for him to go back to the UK and I wait here and he work and wait for it to process? Does it hurt that he lives in the US? For accommodation we will live at his parents house. Could his parents sponsor me? I can't seem to find any information on sponsoring, I think a lot of rules have changed since 2008!

Also if I did get approved will my previous 1 year and 2 months in the UK be counted toward the 5 years I need to live there for citizinship?

Also, how long does the application process take now?

Thanks so much.

Re: Former Spouse Visa, moved back to US now want to move back to UK
 

Read the following document for the financial requirements necessary to sponsor a spouse visa.

Income/savings/investments/pensions can be used for sponsorship.

Your husband must sponsor you - no third party sponsorship is allowed. i.e no loans from relatives, monies given to him must be gifts and be in his account for 6 months at least.

Accommodation can be provided by parents/friends.

As you have been out of the country for over two years, your previous years will not count towards citizenship.

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Re: Former Spouse Visa, moved back to US now want to move back to UK
 

SanDiegogirl's advice is - as usual - spot on. Do read the document she provided the link for carefully, and post questions afterward on any questions.

However, as a fairly irrelevant aside, the statement above is not really true. ALL previous time in the UK (under the proper visas) could be counted towards the British citizenship requirement.

However, the Catch-22 is that you cannot count previous time in the UK under previous UK visas for ILR--ONLY time spent under the current visa can be counted for ILR as a spouse/partner. And since one MUST have the ILR to naturalize...Voila! Any previous time in the UK will most likely be irrelevant for citizenship anyway. :blink: