xinemarie

My husband, a British citizen, has been living in the States for 6 years now but has always been keen to return home. He has been looking at applying to a couple of Masters programs in Scotland and England. He had hoped that he would be able to return with me (US citizen) and our 4 year old daughter (also a UK citizen) and continue studying. Its early days but we had been completely unaware of the drastic changes in the immigration policy. As he would be studying for the first year of return he would not fulfilling the working requirement. Also having been a student for the last few years we have nowhere the equivalent of $100,000 USD saved.

Has anyone heard of different requirements for students to bring their family? Can I travel on a tourist visa with the hope of changing my status once there? Or should he realistically give up on the idea of being able to return home?

pennylessinindia

unfortunately you can not travel as a tourist and change when in the UK.
If you have a skill in your own right you could look at applying for a Tier 2 visa and come to the UK to work until your husband is able to start work and meet the financial requirements.

holly_1948

Or a Tier 4 (General) visa if you were also to be a student in the UK yourself.

SanDiegogirl

There are no different requirements for students with regard the financial requirements.

He still needs to show that he can support his family when in the UK.

You cannot change from visitor visa to any other visa without returning to your home country and applying for another visa.

He does not have to give up the idea of returning home. Upon leaving college, if he gets a job back in the UK then he would be able to move, or after some years of working and getting savings he could also make the move.

pennylessinindia

The financial requirements for a Student for OP are not the same as for a spouse much less. She would have to show that she can support herself and able to pay the foriegn student fees.The spouse is a Brit cit so he will not have to show anything.

SanDiegogirl

I was referring to the husband (British citizen), being a student and wishing to return to the UK with his family.

The OP asked about the financial requirements her husband would have to have in order to return to the UK and bring her and the child. My response was that even though he is a student he still needs to meet the financial requirements.

Yes, if the OP wants to come to the UK as a student then she would need to show that she could support herself and pay foreign student fees. She did not ask about her being able to do this.

pennylessinindia

Perhaps there is a bit of confusion about the terms "meet the financial requirement". I took this term to be a visa term - and the husband does not require a visa so does not need to meet any requirements. Perhaps you are meaning the costs of the course etc.

xinemarie

Thanks for all the responses. By financial requirements I meant as a student he would not be working and earning the 18,600 and that we do not have 62,500 saved for me as a US citizen to come on a family visa. Of course, if accepted, he would have funding secured before he began the course. I don't have any in demand skills so unfortunately the Tier 2 would not work for me. I could look into studying myself, but would need to look into funding.

He could persue his masters here in the states. The program he had hoped to apply for would have been a perfect opportunity for him - it is new and fits with exactly with what his planned thesis would be. Also being in his home town he would be close to family. There is also a similar program in England. Another consideration was settling our daughter sooner rather later when it may be more difficult for her to adjust.

Again, it is early days so we still have plenty more to look into.

englishguygoinghome

If he gets a stipend/grant for the course then that can be considered as income under certain conditions.

Otherwise take 2-4 weeks in Dublin on your way and walk in for free via Singh/Eind (see http://britcits.blogspot.co.uk/2013/...is-is-one.html for an example and the detaailled response from UKBA to a request for them to change their guidance to reflect the ruling of Eind which says that the UK citizen does not need to be returning to work in the UK, but must only have been working in the EU before returning)

SanDiegogirl

I do not believe that spending 2 to 4 weeks in Dublin is going to help.

One needs to be living and working in another EU country to qualify - not a short vacation.

holly_1948

Basically correct.
Living and working could, at a stretch, be for a short period with (unfulfilled) long term intentions.
But holding, and ultimately showing up for, a UK based stipend would defeat arguing that position in a jiffy.

englishguygoinghome

Why?
The UKBA's own guidance on Singh says that the reason for exercising treaty rights is irrelevant, so even if you tell them that you only did it so you could come to the UK they have to let you in.
If you take up residence and work in another country (for any length of time) you are exercising treaty rights and therefore covered by the EC directive on freedom of movement when returning to your country of nationality

holly_1948

But it is not taking up residence, it is only visiting if you have firm intention of departing in the near future. Holding and fulfilling a stipend in another country is evidence of intention to visit rather than to take up residence (and then change your mind about residence after a short period).

Yes, the period can be short, but there has to be an initial intention to become a resident. Evidence that points the other way is very bad.

englishguygoinghome

I'd beg to disagree on that - the wording of the directive is "exercising treaty rights" which means living and working under EU freedom of movement rules. There is no concept of temporary or permanent residency.
Also why would the UKBA guidance (http://www.ukba.homeoffice.gov.uk/po...eun2/#header14) say If there was a requirement to have initially intended to become permanently resident in the other country?

holly_1948

Living and working (or being otherwise economically active).
The described scenario is not living, even though it is working.

A singer who lives in London but does a weekly gig at a Paris nightclub is working but not living in France. Hence exercising some treaty rights, but not those that qualify for relocation, with family permit, to the UK under S.Singh.

A brief stay does not qualify if it is visiting; as contrasted with a brief period of living. Evidence of intention is key.