Potentially moving back to the UK
Nov 8th 2012, 9:34 am
#1
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Joined: Sep 2008
Location: USA
Posts: 264
Potentially moving back to the UK
I am a British Citizen with a new 10 year green card.
My wife is a US Citizen.
Our daughter has both UK and US passport (although born in the US)
#2 is on the way and she will be born in March 2013, so we are looking at maybe moving in 12 months or so.
We moved here from the UK just over 3 years ago and it has been fun, we have well paying jobs, mortgage, cars you name it we got it but...
We miss family, all of my family is in the UK and my wife's brother and kids are in the UK and will remain there. We feel like we gave the US a good try but ultimately we never really "fit in", my wife spent most of her teenage years in the UK so fitting in for her is not a problem.
Basically I have some questions regarding the process.
1. Am I correct in thinking I only have to financially sponsor my wife into the UK, as both kids will have UK passports before we move. I will only have to prove an annual income of 18,600 GBP.
2. How long does the proof of income need to be? 1 month, 2 months etc
3. Is it acceptable that my wife comes with me and the kids under the 6 month vacation visitor, when we are able to satisfy the conditions for a settlement visa, I then send her back to the US to follow the appropriate visa process?
I know in the US #3 would be seriously iffy but I won't be trying to adjust her status, she is coming for 6 months and when we are ready she will leave and follow the proper rules.
My wife is a US Citizen.
Our daughter has both UK and US passport (although born in the US)
#2 is on the way and she will be born in March 2013, so we are looking at maybe moving in 12 months or so.
We moved here from the UK just over 3 years ago and it has been fun, we have well paying jobs, mortgage, cars you name it we got it but...
We miss family, all of my family is in the UK and my wife's brother and kids are in the UK and will remain there. We feel like we gave the US a good try but ultimately we never really "fit in", my wife spent most of her teenage years in the UK so fitting in for her is not a problem.
Basically I have some questions regarding the process.
1. Am I correct in thinking I only have to financially sponsor my wife into the UK, as both kids will have UK passports before we move. I will only have to prove an annual income of 18,600 GBP.
2. How long does the proof of income need to be? 1 month, 2 months etc
3. Is it acceptable that my wife comes with me and the kids under the 6 month vacation visitor, when we are able to satisfy the conditions for a settlement visa, I then send her back to the US to follow the appropriate visa process?
I know in the US #3 would be seriously iffy but I won't be trying to adjust her status, she is coming for 6 months and when we are ready she will leave and follow the proper rules.
Nov 8th 2012, 10:18 am
#2
The Kwisatz Haderach
Joined: Aug 2008
Location: North Wales
Posts: 8,080
Re: Potentially moving back to the UK
Good luck with the move and new baby on the way.
From what I have read
1, yes
2, six months seems to be the time bandied about.
3, I have no idea, someone else on here has suggested doing this also.
Theres a sticky post at the top of the page with lots of info.
From what I have read
1, yes
2, six months seems to be the time bandied about.
3, I have no idea, someone else on here has suggested doing this also.
Theres a sticky post at the top of the page with lots of info.
Nov 8th 2012, 10:44 am
#3
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,724
Re: Potentially moving back to the UK
Here are the financial requirements in order to apply for UK spouse visa:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
Yes, you have to prove income of 18,600 UKP.
You need to read sections 5.3 to find out which category would apply to you. Being in a job for 6 months and earning over 18,600 will certainly make you eligible to apply for the spouse visa, but even if employed for less than that time, you can add savings/assets to your salary to qualify.
Don't know if the word acceptable for #3 is correct, but certainly other people have expressed interest in doing it.
You would need to prove that you can support your wife and provide accommodation for her during that 6 months, she would not be eligible for NHS services, and the Border Agency may question your motives when you first arrive.
She would definitely have to return to the US to apply for her visa.
Have you thought about getting YOUR US citizenship? Then if you changed your mind again you could return to the US. You are going to lose your Green card after a period of being absent from the country, and without citizenship, if you wished to return to the US, you would have to go through the immigration process again.
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
Yes, you have to prove income of 18,600 UKP.
You need to read sections 5.3 to find out which category would apply to you. Being in a job for 6 months and earning over 18,600 will certainly make you eligible to apply for the spouse visa, but even if employed for less than that time, you can add savings/assets to your salary to qualify.
Don't know if the word acceptable for #3 is correct, but certainly other people have expressed interest in doing it.
You would need to prove that you can support your wife and provide accommodation for her during that 6 months, she would not be eligible for NHS services, and the Border Agency may question your motives when you first arrive.
She would definitely have to return to the US to apply for her visa.
Have you thought about getting YOUR US citizenship? Then if you changed your mind again you could return to the US. You are going to lose your Green card after a period of being absent from the country, and without citizenship, if you wished to return to the US, you would have to go through the immigration process again.
Last edited by SanDiegogirl; Nov 8th 2012 at 10:48 am.
Nov 8th 2012, 11:04 am
#4
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Joined: Sep 2008
Location: USA
Posts: 264
Re: Potentially moving back to the UK
Here are the financial requirements in order to apply for UK spouse visa:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
Yes, you have to prove income of 18,600 UKP.
You need to read sections 5.3 to find out which category would apply to you. Being in a job for 6 months and earning over 18,600 will certainly make you eligible to apply for the spouse visa, but even if employed for less than that time, you can add savings/assets to your salary to qualify.
Don't know if the word acceptable for #3 is correct, but certainly other people have expressed interest in doing it.
You would need to prove that you can support your wife and provide accommodation for her during that 6 months, she would not be eligible for NHS services, and the Border Agency may question your motives when you first arrive.
She would definitely have to return to the US to apply for her visa.
Have you thought about getting YOUR US citizenship? Then if you changed your mind again you could return to the US. You are going to lose your Green card after a period of being absent from the country, and without citizenship, if you wished to return to the US, you would have to go through the immigration process again.
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
Yes, you have to prove income of 18,600 UKP.
You need to read sections 5.3 to find out which category would apply to you. Being in a job for 6 months and earning over 18,600 will certainly make you eligible to apply for the spouse visa, but even if employed for less than that time, you can add savings/assets to your salary to qualify.
Don't know if the word acceptable for #3 is correct, but certainly other people have expressed interest in doing it.
You would need to prove that you can support your wife and provide accommodation for her during that 6 months, she would not be eligible for NHS services, and the Border Agency may question your motives when you first arrive.
She would definitely have to return to the US to apply for her visa.
Have you thought about getting YOUR US citizenship? Then if you changed your mind again you could return to the US. You are going to lose your Green card after a period of being absent from the country, and without citizenship, if you wished to return to the US, you would have to go through the immigration process again.
So 6 months of employment, it's safe to say at the very least we as a family are going to be split up for a number of months and that is not something I am willing to do.
The 62,000 GBP in savings, I know it sounds shady but will I be required to show evidence of where the funds came from?
Answered my own question - Quoted directly from the PDF link above.
The source of the cash savings must be declared. Any legal source, including a
family member or other third party, will be permitted, provided that the applicant’s
partner, the applicant or couple (as appropriate) can confirm that the money – which
cannot be borrowed – is under their control.
Last edited by Wilto; Nov 8th 2012 at 11:08 am.
Nov 8th 2012, 11:31 am
#5
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,724
Re: Potentially moving back to the UK
100%
The 62,000 GBP in savings, I know it sounds shady but will I be required to show evidence of where the funds came from?
Answered my own question - Quoted directly from the PDF link above.
The source of the cash savings must be declared. Any legal source, including a
family member or other third party, will be permitted, provided that the applicant’s
partner, the applicant or couple (as appropriate) can confirm that the money – which
cannot be borrowed – is under their control.
The 62,000 GBP in savings, I know it sounds shady but will I be required to show evidence of where the funds came from?
Answered my own question - Quoted directly from the PDF link above.
The source of the cash savings must be declared. Any legal source, including a
family member or other third party, will be permitted, provided that the applicant’s
partner, the applicant or couple (as appropriate) can confirm that the money – which
cannot be borrowed – is under their control.
Nov 9th 2012, 3:22 am
#6
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Joined: Aug 2004
Posts: 4,754
Re: Potentially moving back to the UK
With so many US citizen family members there is a good argument for taking US citizenship, but make sure you understand the taxation responsibilities and financial restrictions encountered by US citizens living outside the USA and take positive action to manage those.
Nov 15th 2012, 6:59 am
#7
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Joined: Aug 2007
Posts: 86
Re: Potentially moving back to the UK
We are moving back to the UK and being US citizens as well as UK citizens we wanted to know the implications regarding the US worldwide income tax (All US citizens living aboard still have to file taxes every year, even your kids once they start working in 18 years or so)
In a nut shell they told us, best case scenario is you'll never get a refund but you'll never owe because of the way tax treaties and such are set up with the UK. It's far too involved for me to explain here. It's like $90 for a 30 minute consultation with them, but once you've done that, the CPA they hook you up with is your CPA and then you can contact them for anything after that and then the only other charge is your once a year filing charge once you move and need to file your taxes.
Nov 15th 2012, 7:53 am
#8
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Joined: Nov 2012
Location: Back in the UK!
Posts: 2,404
Re: Potentially moving back to the UK
You would need to prove that you can support your wife and provide accommodation for her during that 6 months, she would not be eligible for NHS services, and the Border Agency may question your motives when you first arrive.
She would definitely have to return to the US to apply for her visa.
She would definitely have to return to the US to apply for her visa.
Nov 15th 2012, 8:26 am
#9
The Kwisatz Haderach
Joined: Aug 2008
Location: North Wales
Posts: 8,080
Re: Potentially moving back to the UK
How would I apply for a spouse visa for my husband? He is retired and I would not want to be separated from him for any period of time. We have investment income and savings that qualify us to return without a job lined up. We plan on declaring that we are both moving permanently to reside in the UK (so no tourist visa). Would he still have to do some sort of residency period, and then would he still have to leave to make the final application? And would he not be eligible for NHS during this time? Sorry if these have already been answered elsewhere. Perhaps someone can point me in that direction if they have. Thanks
If you move permanently with you sponsoring him, he's eligible to use the NHS right away like any other resident.
Nov 15th 2012, 9:58 am
#10
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Joined: Nov 2012
Location: Back in the UK!
Posts: 2,404
Re: Potentially moving back to the UK
Jul 18th 2013, 6:13 am
#11
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Joined: Sep 2008
Location: USA
Posts: 264
Re: Potentially moving back to the UK
Hi folks I know its 9 months on but we are now 100% going for the move.
I have been approved for my American citizenship and should get my oath letter in the next couple of weeks.
Now the process begins of selling everything and moving to the UK.
I'm just trying to wrap my head around the entire timing.
1)I have earned above 18600 for the past 6 months with the same employer.
2) Once we sell the house quit our jobs, load the container, fly from the USA to the UK. Wifey enters as a visitor.
3) Once I have employment hopefully 1 to 2 weeks after arriving I will send wifey back to the US to apply for the appropriate Visa, showing my 6 months of American employment, my newly found job offer letter at above 18,600 (if not I have 20,000 in GBP in my name for 6 months as a back up to help me get above the threshold.)
4) Wait around 40 days for them to approve said Visa and wifey fly back to the UK immediately.
Start picking the holes in my plan.
I have been approved for my American citizenship and should get my oath letter in the next couple of weeks.
Now the process begins of selling everything and moving to the UK.
I'm just trying to wrap my head around the entire timing.
1)I have earned above 18600 for the past 6 months with the same employer.
2) Once we sell the house quit our jobs, load the container, fly from the USA to the UK. Wifey enters as a visitor.
3) Once I have employment hopefully 1 to 2 weeks after arriving I will send wifey back to the US to apply for the appropriate Visa, showing my 6 months of American employment, my newly found job offer letter at above 18,600 (if not I have 20,000 in GBP in my name for 6 months as a back up to help me get above the threshold.)
4) Wait around 40 days for them to approve said Visa and wifey fly back to the UK immediately.
Start picking the holes in my plan.
Jul 18th 2013, 6:59 am
#12
Forum Regular
Joined: Jul 2013
Posts: 127
Re: Potentially moving back to the UK
Hi folks I know its 9 months on but we are now 100% going for the move.
I have been approved for my American citizenship and should get my oath letter in the next couple of weeks.
Now the process begins of selling everything and moving to the UK.
I'm just trying to wrap my head around the entire timing.
1)I have earned above 18600 for the past 6 months with the same employer.
2) Once we sell the house quit our jobs, load the container, fly from the USA to the UK. Wifey enters as a visitor.
3) Once I have employment hopefully 1 to 2 weeks after arriving I will send wifey back to the US to apply for the appropriate Visa, showing my 6 months of American employment, my newly found job offer letter at above 18,600 (if not I have 20,000 in GBP in my name for 6 months as a back up to help me get above the threshold.)
4) Wait around 40 days for them to approve said Visa and wifey fly back to the UK immediately.
Start picking the holes in my plan.
I have been approved for my American citizenship and should get my oath letter in the next couple of weeks.
Now the process begins of selling everything and moving to the UK.
I'm just trying to wrap my head around the entire timing.
1)I have earned above 18600 for the past 6 months with the same employer.
2) Once we sell the house quit our jobs, load the container, fly from the USA to the UK. Wifey enters as a visitor.
3) Once I have employment hopefully 1 to 2 weeks after arriving I will send wifey back to the US to apply for the appropriate Visa, showing my 6 months of American employment, my newly found job offer letter at above 18,600 (if not I have 20,000 in GBP in my name for 6 months as a back up to help me get above the threshold.)
4) Wait around 40 days for them to approve said Visa and wifey fly back to the UK immediately.
Start picking the holes in my plan.
This financial barrier seems so unfair for expats. The prospect of moving is daunting enough even without that extra financial hurdle.
Last edited by Caruthers; Jul 18th 2013 at 7:01 am.
Jul 18th 2013, 7:02 am
#13
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Joined: Sep 2008
Location: USA
Posts: 264
Re: Potentially moving back to the UK
Yea the 20,000 GBP sounds good but in reality only the amount above 16,000 can be used to supplement income so I can take a job that pays 17,000 but that is as low as I can go unless I can somehow get a hold of 62500 which was in the original plan but fell through (family member offering to release equity from a house as a gift)
Jul 18th 2013, 9:25 am
#14
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Joined: Sep 2010
Posts: 361
Re: Potentially moving back to the UK
Wilto, I'm not entirely fluent in the rules as they apply to employment as we relied on savings but I was wondering, in view of your plan, under which category you were planning to apply?
Jul 18th 2013, 9:50 am
#15
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Re: Potentially moving back to the UK
Originally Posted by UKBA
5.4. Category B: Less than 6 months with current employer or variable income –
overseas sponsor returning to the UK
5.4.1. Where the applicant‟s partner is returning with the applicant to the UK to work, they do not
have to be in employment at the date of application to rely on Category B. Instead, the
financial requirement must be met and evidenced in two parts in the following way.
5.4.2. First, the applicant‟s partner must have a confirmed offer of salaried or non-salaried
employment to return to in the UK (starting within 3 months of their return). This must have
a gross annual starting salary (or gross non-salaried income as calculated as an annualised
average on the basis of the evidence provided by the employer) sufficient to meet the
financial requirement, alone or in combination with any or all the sources at section 5.3.6.
(Category C: non-employment income, Category D: cash savings and Category E: pension).
5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months
prior to the date of application the level of income required to meet the financial
requirement, based on:
The gross amount of salaried or non-salaried employment income overseas of the
applicant‟s partner;
The gross amount of any specified non-employment income received by the
applicant‟s partner, the applicant or both jointly, provided they continue to own the
relevant asset (e.g. property, interest from shares) at the date of application; and/or
The gross amount of any State (UK or foreign) or private pension received by the
applicant‟s partner or the applicant. 23
5.4.4. So, under Category B, the assessment of the financial requirement will be based on:
(1) The gross annual salary or income of the applicant‟s partner‟s confirmed offer of
salaried or non-salaried employment in the UK. This source can be combined with
Category C: non-employment income, Category D: cash savings and Category E:
pension; and
(2) The actual amount of gross income received from the applicant‟s partner‟s salaried or
non-salaried employment overseas in the 12 months prior to the date of application.
This can be combined with the actual gross income the couple received from Category
C: non-employment income and Category E: pension over the same 12-month period.
Category D: cash savings cannot be used under (2)
overseas sponsor returning to the UK
5.4.1. Where the applicant‟s partner is returning with the applicant to the UK to work, they do not
have to be in employment at the date of application to rely on Category B. Instead, the
financial requirement must be met and evidenced in two parts in the following way.
5.4.2. First, the applicant‟s partner must have a confirmed offer of salaried or non-salaried
employment to return to in the UK (starting within 3 months of their return). This must have
a gross annual starting salary (or gross non-salaried income as calculated as an annualised
average on the basis of the evidence provided by the employer) sufficient to meet the
financial requirement, alone or in combination with any or all the sources at section 5.3.6.
(Category C: non-employment income, Category D: cash savings and Category E: pension).
5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months
prior to the date of application the level of income required to meet the financial
requirement, based on:
The gross amount of salaried or non-salaried employment income overseas of the
applicant‟s partner;
The gross amount of any specified non-employment income received by the
applicant‟s partner, the applicant or both jointly, provided they continue to own the
relevant asset (e.g. property, interest from shares) at the date of application; and/or
The gross amount of any State (UK or foreign) or private pension received by the
applicant‟s partner or the applicant. 23
5.4.4. So, under Category B, the assessment of the financial requirement will be based on:
(1) The gross annual salary or income of the applicant‟s partner‟s confirmed offer of
salaried or non-salaried employment in the UK. This source can be combined with
Category C: non-employment income, Category D: cash savings and Category E:
pension; and
(2) The actual amount of gross income received from the applicant‟s partner‟s salaried or
non-salaried employment overseas in the 12 months prior to the date of application.
This can be combined with the actual gross income the couple received from Category
C: non-employment income and Category E: pension over the same 12-month period.
Category D: cash savings cannot be used under (2)
1) That I have a job offer of at least 18,600GBP beginning within 3 months of her arriving (hopefully I will already be working). If the income is not 18,600GBP I may use savings to make up the difference - X is my income = ((18600 - X)*2.5)+16000 being the formula to calculate the savings that I need to show for at least 6 months prior to applying.
2)I must also show proof of earning 18,600GBP in the 12 months prior to her applying. In this scenario I will be proving some American income (which is just above) and some British income which may be below 18,600 however there may be a gap in employent of a month or so which might take me below.
I don't think my scenario is going to work?
I'm starting to think it may just be easier if I went to the UK for a few weeks secure employment and then come back to move the family.
I hate these rules.
