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Help with moving back to the UK - Lots of complications

Help with moving back to the UK - Lots of complications

Old May 26th 2018, 6:52 am
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Question Help with moving back to the UK - Lots of complications

Ok, so let me start by telling you a little about the situation.

I (UK Citizen) moved to USA, September 2017 with my 1 year old son. Got married to hubby (US Citizen) - he works in the military

The plan was to change my name to his, have him adopt my son, get green card, live & work in America

Current position - Filing adjustment of status forms for myself and my son - incomplete - still need a few supporting documents. Once filed, it can take up to 6 months.

I have come to realize that America is not for me, for many reasons. I can not leave until i have a green card, otherwise i will be banned from coming back due to my visa currently being expired.
My husband finishes with the military in 2020. We want to move back to the UK (he has never been to the UK) - we plan on making a visit first (once i have a green card to avoid being banned) to make sure he likes it. He is adamant he will prefer the UK.

New "IDEAL" plan - Wait til hubby finishes with military. Find a private rent apartment in the UK before we move, pay deposit & and any upfront rent - find work in UK before we move

My questions -

1) Are there any rules regarding me moving back to the UK after getting a green card?
Other than losing it if i plan on staying in the UK and having to go through the process again if we decide to come back to USA

2) Would i, a UK citizen, have to go through any process to return to the UK or will everything be the same as though i never left?

3) What process would we have to go through to have my husband legally living and able to work in the UK? (please consider our plan above)
I have looked at the different visas available but unsure which would be right for us since he will be living with me (UK Citizen) but i too will be moving back, not already living there. I have a feeling that we will not be able to sort out a home & work before we leave but rather stay with my mum in the UK until we are on our feet (definitely not what i prefer! avoiding at all costs to rely on family)

4a) In regards to our "ideal" plan, would my husband be able to work in the UK before he has permanent residency?
if not
How would we get an income to get on our feet?
4b) In regards to our "ideal" plan, would we even be entitled to find a private rent place before we leave USA?
I feel that the landlord would need info that, due to our situation, we wouldn't be able to give.

We plan on making arrangements 6ish months before my husband finishes with work as we live in military housing and will have to move once he is finished and we ideally want to go straight to the UK, rather than somewhere different here in the US while we sort everything out.

Any advice/information would be a great help but i have a feeling i may know the answer.

I feel that we would have to come on visitor visas, stay with my mum, have no income while we change his status.. but again.. isn't having a certain amount of income a requirement to move to the UK? I hate how complicated everything is.

would i, as a UK citizen with a UK Citizen child be entitled to any benefits to help us get on our feet? or would i have lost the right to, after moving out of the UK?

I hope someone can answer a few of my questions. I have tried being as informative as i can be. Thank you.
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Old May 26th 2018, 7:18 am
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Default Re: Help with moving back to the UK - Lots of complications

Welcome to BE.

Please take a few minutes to have a read of the site rules, pale blue bar at the top, and if you have any site related problems please contact on of the site moderators, names in bold at the bottom right of each forum page.

You, as the British Citizen would have to sponsor you US husband, the correct visa is settlement - settlement - spouse. You would be classed as settled as soon as you set foot in the UK so he would be joining you. YOU would have to satisfy the financial requirements and you husband would be unable to join you until he had the visa, ponce in possession of the visa he would be able to work. The financial requirements mean being in a job earning at least £18,600 a year for 6 months or being currently in a job earning that amount and having a written job offer to start within 3 months af landing earning £18,600 a year. Alternatively there is the savings route, for this you would need to show savings of £62.500 in an accessible account in either your name, joint names or his name, it doesn't have to be one account however this must have been in the account for 6 months and not fall below the 62,500. If the money is from a house sale then the 6 months is waived.. more details can be found in this forum.

https://britishexpats.com/forum/citi...-visas-uk-196/

You would also need to ensure that your son has a UK passport.
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Old May 26th 2018, 7:49 am
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Default Re: Help with moving back to the UK - Lots of complications

So I would have to leave usa without him? And he would not be able to join me until his visa has been approved and I have an income of said amount? I will read the rules
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Old May 26th 2018, 7:56 am
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Default Re: Help with moving back to the UK - Lots of complications

Originally Posted by mrsaipa17
I feel that we would have to come on visitor visas, stay with my mum, have no income while we change his status.. but again.. isn't having a certain amount of income a requirement to move to the UK? I hate how complicated everything is.

would i, as a UK citizen with a UK Citizen child be entitled to any benefits to help us get on our feet? or would i have lost the right to, after moving out of the UK?

I hope someone can answer a few of my questions. I have tried being as informative as i can be. Thank you.
Your husband will not be able to come to the UK as a tourist / visitor and change his status by applying for an UK spouse visa. His application will be automatically refused, so don't waste your time and money on that!

With regards to welfare benefit for you and your child, you two will need to meet the habitual residence test before you can get welfare benefit payment. Please have a look at the link below for details -

https://www.citizensadvice.org.uk/be...ming-benefits/

The OP needs to know that US green card can be withdrawn if the holder stays out of the US for an extended period of time.

https://www.uscis.gov/green-card/aft...nce#abandoning

It would be best for the OP to apply for US citizenship before her return to the UK if she wants to maintain her right to return to the US.
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Old May 26th 2018, 7:58 am
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Default Re: Help with moving back to the UK - Lots of complications

Originally Posted by mrsaipa17
So I would have to leave usa without him? And he would not be able to join me until his visa has been approved and I have an income of said amount? I will read the rules
You can meet the financial requirement by having cash savings worth at lease £62,500 for six months.
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Old May 26th 2018, 3:25 pm
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Default Re: Help with moving back to the UK - Lots of complications

1. If you move back to UK with green card, after one year your green card will be in jeopardy of being cancelled.
2. YOU as Brit can just move back to UK and resume living
3. For your husband to live in UK with you YOU must sponsor him. You have to fulfill financial, relationship and accommodation requirements. Read the financial requirements below:
https://assets.publishing.service.go...ment_Final.pdf
Basically YOU need to be earning 18,600 GBP per annum to sponsor. Or savings can be used to make up shortfall or can be used instead of income. Read the document carefully to see how you qualify
4. Once he has a visa and moved to UK husband can work immediately You would need to prove accommodation when filing the application

Your husband cannot enter UK as a visitor and change status. His application MUST be made from the US.

Whether or not you get benefits will depend. You will need to apply and be assessed.
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Old May 26th 2018, 3:27 pm
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Default Re: Help with moving back to the UK - Lots of complications

Originally Posted by mrsaipa17
So I would have to leave usa without him? And he would not be able to join me until his visa has been approved and I have an income of said amount? I will read the rules
Basically yes, unless YOU have already been earning 18,600 GBP in the US AND have a job to go to in the UK. OR you have 62,500 GBP in savings already which would allow you to apply from US and travel together to UK.

What visa are you currently on in the US?
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Old May 26th 2018, 5:11 pm
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Default Re: Help with moving back to the UK - Lots of complications

Thank you everyone. I have taken the time to read through your comments and links. It seems that I would have to move to the UK alone, have a home of my own and a job to meet the sponsor requirements. I came here on an esta visa which has expired however we are filing adjustment of status paperwork to resolve our issues regarding me staying in the us while my husband is with the military. After reading your comments we are going to try sort out a dual citizenship for myself before I leave for the UK so that in future when husband lives in the UK with me, we can visit family in the US or move back to the US if that is what is best for us later down the line.

in regards to the income requirements, it is not possible for us to have 65k in savings. Me moving back to the UK alone and finding a job with required income is the only option however I am not sure how I am going to find a job with 18.5k annually. I do not qualify for any higher payingwork. It would have to be retail, bar or kitchen work which in the area I'd be moving back to is usually national minimum wage, that at 40hours a week would only take me a little above 15k annually. I have read that I would also need a place of my own for him to come to as a requirement. I would not be able to do that on my own with only 15k annual income as I also have a 1 year old son so would need to be paying child care on top of rent, bills, essentials etc. I feel very stuck as of now. I'm not really too sure how this is going to work out to meet the requirements. I do however have some more questions if anyone is able to help me.

1) it is my understanding that my husband can visit 6 months at a time on a visitor visa, how long would he have to wait in between visits?

2) can he come on a visitor visa while waiting for the spouse settlement visa to process?

​​​​
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Old May 26th 2018, 5:31 pm
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Default Re: Help with moving back to the UK - Lots of complications

Originally Posted by mrsaipa17
I came here on an esta visa which has expired

1) it is my understanding that my husband can visit 6 months at a time on a visitor visa, how long would he have to wait in between visits?

2) can he come on a visitor visa while waiting for the spouse settlement visa to process?

​​​​
So when you came to the US you had no plans whatsoever to get married and it was an unplanned spontaneous decision?

1. At least 6 months.
2. Yes.
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Old May 26th 2018, 5:35 pm
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Default Re: Help with moving back to the UK - Lots of complications

We were very love struck, we have been through a lot and knew it was right but yes, getting married was spontaneous. My plan was to go back to the UK even after we got married but that also changed come the day of my flight as it was too hard to be apart. Some will not understand this but I ask that no one critisizes where I am asking for advice
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Old May 26th 2018, 5:40 pm
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Default Re: Help with moving back to the UK - Lots of complications

You do not have an ESTA visa. You entered the US on the Visa Waiver program with the intention of marrying and staying in the US - a violation of the spirit of the Visa Waiver program and one which the US immigration department views as circumventing the US immigration rules. There is no guarantee that you will get your adjustment of status based on your history, especially if the US immigration officials believe that you had intent to do exactly what you did. Currently you are an overstayer unless you filed for adjustment of status before your 90 days VWP expired.

You won't get dual citizenship until you have been married and living in the US for three years.

Yes, you are rather stuck if you cannot sponsor your husband and fulfill the financial requirements. With regard accommodation you can live with relatives or friends to qualify.

Your husband can visit you for up to 6 months at a time - and needs to be out of the UK for 6 months between visits. Even this is not guaranteed as UK officials might get the impression he is trying to live in the UK under visitor status and could refuse entry.

Once the application has been filed your husband won't have a passport to travel to the UK.

The application needs to be filed from the US.
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Old May 26th 2018, 5:46 pm
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Default Re: Help with moving back to the UK - Lots of complications

I did not come here with intention of marrying and staying. I came on vacation with an ESTA visa (the title on the document and the name officials i have spoke to refers to it as) but circumstances changed during my stay and i also have evidence to support this. We have had meetings with the military immigration advisers and we are not concerned as of now about my application being denied. I have also read about dual citizenship. come the time my husband has finished with the military i would have been here going on 4 years. Thank you for mentioning living with friends or family will qualify with accommodation requirements, i didn't see that anywhere so that helps slightly.
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Old May 26th 2018, 6:18 pm
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Default Re: Help with moving back to the UK - Lots of complications

You will be able to apply for citizenship when you have been in receipt of your Green card for three years ...... not for how long you have been in the country.
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Old May 26th 2018, 6:26 pm
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Default Re: Help with moving back to the UK - Lots of complications

which will be just over 3 years so again, shouldn't be an issue. Everyone has been a great help and i feel a lot more at ease with the situation after your comments. It has been made clear what we would need to do.. Thank you
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Old May 27th 2018, 10:03 pm
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Default Re: Help with moving back to the UK - Lots of complications

How do you know your husband will like the UK?
Best to sort that out first, otherwise he could end up putting a strain on the realtionship and you may have to go back to the USA.
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