ajaj

I'm a British citizen planning to return to the UK with my wife (a US national) after 5 years working in the US. We've been married for just about a year. I already have a job lined up that would cover the financial requirement, and I think we could also cover it via savings.

However, my wife is hoping she could transfer her job from America to her employer's London office. Is it possible for her to do this on the spouse visa, during the initial entry period (33 months)? Or would it have to be done on some other immigration status, via her employer?

We'd also like to start a family soon. I notice that there is "no recourse to public funds" for someone on the spousal visa during the first 33 months. Does that mean we'd have to pay the NHS for her medical treatment?

Is it worth getting an immigration lawyer to make sure things go smoothly? I tend to err on the side of caution.

Thanks for any help.

larrabee

If your wife is granted her spouse visa then she can work in the UK for any employer from day one, no need for any other visas.

As the rules currently stand, she would be entitled to full NHS services on the spouse visa without charge.

The following are considered public funds;

http://www.ukba.homeoffice.gov.uk/vi...s/publicfunds/

Unless there is any sort of complicating factor such as a criminal history or an overstay on your wife's record then it is not necessary to hire a lawyer (IMO)

Make sure that you are completely familiar with all the regulations as they apply in your case, submit all the required evidence in the required format and you will be fine.

Financial requirements in detail.

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

In addition to the financial requirements, you must be able to prove that your relationship is genuine and subsisting and that you will have adequate accommodation in the UK.

ajaj

Thanks for that very clear answer.

We'll be staying with my Mum, and she has a couple of empty bedrooms so that should be ok. Looking through some other threads and links here, it seems like I would need to provide a letter from her, indicating her permission for us to stay, that she owned the house and that there are available rooms (other than kitchen or bathrooms) of greater than 50 square feet in size. Would she need to provide a title deed or something as well?

As for genuine and subsisting, I'm hoping that a shared bank account, wedding certificate, wedding photos, other photos and maybe our shared car insurance would cover that... Until recently we didn't have both names on the utility bills or our apartment rental agreement.

larrabee

You're welcome!

Yes, you would be required to provide such a letter from your mother. You should include a certified copy of the title deeds or land registry document with your application.

This document references additional supporting documentation regarding the accommodation requirement and also evidence of your relationship, both on page 3.
The more of these documents you can provide, the stronger your application will be.

http://www.ukba.homeoffice.gov.uk/si...settlement.pdf

Those are all good to include, if you now have the utility bills and rental agreement in both names, I would send those too.

A little more regarding genuine and subsisting relationships.

http://www.ukba.homeoffice.gov.uk/vi...apply/genuine/