bazzakorea

Hello all,

I'm new to the forum and have been trying to get my head around everything required to move my family home. It's all extremely stressful and disheartening and I hope some people can offer me some advice.

I am a british citizen. Born in England, English/Irish family. Schooled in England and completed University there. After University I worked for a year and then moved to South Korea for what was supposed to be a 6 month adventure. That 6 months turned into 10 years and now I would like to move home with my family. My son is 2, not yet registered as UK citizen, but I only assume that is my simplest of tasks. My wife is Korean, but speaks a high level of English.

I understand I would have to show 18,600 earnings for 12 months. At present, we earned much more than that in Korea. However, due to Korean law, I was not registered as the CEO of the company and therefore cannot show receipts of earnings in my name. I was listed as a "voluntary helper" helping my wife run our business. I can potentially list myself as a payroll employee this week if needs be and collect 12 months receipts prior to returning home. I assume this would then qualify me for that route should I be able to find employment prior to the application process? Is this right?

That all seems straight forwards, I suppose. However, the surinder singh route is what really confuses me.

If we decide to sell up in Korea. Sell our language school and move to Europe. I can apply anywhere in EU for an ESL position and then claim residency for my family? Is this correct? I was looking at Ireland International schools. However, someone just informed me that Ireland is impossible to do the SS route as a UK citizen. I do not understand why.

So much reading.....

So much writing... sorry.

I also looked at Malta. We could satisfy the financial requirements to be self sufficient there. Would that cash have to be in my name only? If we went through Malta. Would that mean that being self sufficient, we could immediately begin the paperwork to move back home? Or would it be the same timescale as maybe: applying for an ESL teaching position in another Eu country (spain, portugal, poland etc etc )


Sorry for so many questions. I'm really just trying to get my head around everything and any advice you can offer would be most appreciated.

Bermudashorts

My understanding of the UK spouse visa is that you have to demonstrate having a job based in the UK paying £18,600 - not historical earnings of £18,600 in another country. The alternative is to show savings of £60k or so, would the sale of your business and any other savings satisfy the requirements this way? Then no need for SS route.

bazzakorea

I read that it's historical earnings AND an offer of employment to start within 3 months of application. I'm guessing that finding professional employment whilst living in Asia will be almost impossible. I would consider flying home for a month alone to try though. But, the SS route, if still valid; would seem better for my family.... I think.

I think we would struggle to get 62,000. Its a big chunk and I would be surprised if we could sell our business for anymore than 20 - 25k maximum.

BritInParis

A British passport for your son should be a priority if you are considering back to the UK. Being a British citizen exempts him from being included in the financial requirements for your wife's spouse visa. Being from a country that doesn't use the Roman alphabet you should also consider consular birth registration. Thankfully the South Korean government have recently relaxed their laws concerning dual citizenship so your son can hold both concurrently going forward.

Depends under which category you wish to fulfil the financial requirements for your wife's spouse visa. Read Annex FM 1.7 carefully to see how you could qualify if you haven't done so already.

A salaried income of at least £18,600 for the last six months plus a UK job offer earning at least £18,600 and starting within three months of your proposed arrival in the UK would fulfil the requirements under Category A. If you are put on your company's payroll as an employee then you would need to six months of earning at least ₩2,300,000 (₩2,500,000 for safety to account for a fluctuating exchange rate) and have a job offer in the UK earning £18,600 before your wife would be eligible to apply.

The Surinder Singh route remains an option if you establish residency in and 'move the centre of your life' to any EEA country bar the United Kingdom (including Northern Ireland) if you're a British citizen. If you also hold Irish citizenship (your parent(s) were born either in the Republic of Ireland or Northern Ireland or you were registered as an Irish citizen as you have an Irish-born grandparent) then that would also rule out the RoI.

Until the Brexit negotiations begin it is unclear whether the Surinder Singh route will continue to be an option. If you can meet the financial requirements for a spouse visa then that would be the safer, if more expensive, option at the current time.

bazzakorea

Thank you for the prompt reply. The 6 months payslips are probably easier for us. However, it's the offer of employment that concerns me A LOT. I have just spent 3 hours messaging recruitment agencies, to ascertain how likely an offer of employment could be whilst residing out of the UK. I will not hold my breath for a positive reply

Until I get a response from the agencies regarding recruitment policies and overseas interviews. The Surinder Singh seems like the only real achievable way to return home without being separated from my family for 6 - 12 months to find employment etc. I just hope that nothing drastic will change come October. Or if it does change, they will help Brits return home; rather than victimize them.

bazzakorea

Also, does the offer of employment have to be completed. Example, let's say I was offered a 20k a year job. But, after paperwork is completed the employer changes their mind and withdraws the offer. Where do I stand? Can I just look for another job when I land? Or do I have to work that exact job?

BritInParis

It's not a case of victimisation; rather ensuring that you can support your family upon your return to the UK without immediately becoming a public burden. The devil is in the details however and the rules are somewhat inflexible. Regarding Surinder Singh nothing will happen on Brexit until January at the earliest and even then the negotiations are likely to take two years. If you're mid-way through the process at this point and the rules change then you might be back to square one again in terms of establishing your wife's permanent residency in the UK.

Remember you can also always work for the six months in Korea, return first to look for work and have your wife apply for her spouse visa to join you as soon as you get a job offer providing you can do so within your first month back in the UK.

A fallback position would be working for six months before your family can join you if you cannot get that job offer in place from outside the UK or within your first month back in the UK.

You have to meet the requirements at the time of application. If you were offered a job, the application was submitted and the visa granted but then the job offer was withdrawn or you were made redundant after a short period then the visa would be unaffected. You would however have to meet the financial requirements again at the 2.5 year mark in order to extend your wife's visa.

You cannot however get someone to give you a fake job offer in order to satisfy the requirements if that's what you're contemplating unless you want to run the risk of your wife receiving a ten year ban from the UK for deception.

Perth

You mentioned having Irish family. If you can claim Irish citizenship, then I believe you can move your family to the UK as an EU citizen without any requirements. It is preferable to do this before Brexit as there is no idea what the status of European citizen will be after that. But it appears, from what the PM has said recently, that EU citizens living there before Brexit may have the opportunity to stay.

BritInParis

Only if the OP was willing to renounce his British citizenship. Not necessarily a good idea given that the outcome of Brexit is currently unknown.

bazzakorea

I wasn't considering a fake job offer. However, I just wanted to clarify what the actual requirements were. I have worked with recruiters in the past and they only care for their fee. My concern was that I received a letter of employment, but had delays on my end to return to the UK. If they then offered out my job again to receive their fee faster.. but, my paperwork was being processed. I was concerned that would leave me back at square 1.

bazzakorea

I have Irish grandparents, but would not be willing to give up my british citizenship.

After more reading, I'm not sure that the SS way is best for my family long-term. Especially considering I have to first sell my business here prior to coming home. That could take time.

I spoke to recruiters yesterday that are confident they can get me a job offer for the required amount. So, I will work on getting myself on payroll in Korea, register my son as a British citizen and try that path once we have a buyer for our business, I think. Seems the most expensive route, but the simplest to manage without moving my family twice.

Richard8655

Don't both Ireland and UK permit dual citizenship?

bazzakorea

Last one for today:

If I have payroll receipts to cover 6 - 12 months, as well as, a offer of employment for over the stipulated requirement. I apply, and am hopefully accepted.

After acceptance, how long would we have to then move to the UK? Again, I'm concerned about selling our business in time. So, wondering if theres a certain time in which you must move over after acceptance.

bazzakorea

^^^

Also, will it affect my application if my employer in Korea was listed as my wife? As, presumably she also has to state where she has been working. If she is director and I have been employee... Will that potentially work against us?

spouse of scouse

At the time your wife applies, she needs to nominate a date for entry into the UK. The date can be up to 3 months from the application date.

When her application is approved, she has 1 month from the nominated date to enter the UK, and 10 days after entry to collect her Biometric Residence Permit.

A spouse visa allows your wife to enter the UK with you or after you, she can't go before you.