Before you permanently move to the US

[*Snowdrop* 604]

I know this is a crazy thing to say and you don't want to hear it after the trauma of the US immigration process, but you're not exiled as a British citizen - just as a couple you'd have to be separated again for 6 months until you could take him with you. If you hate living in the US that much, it may be a path you'll need to consider.

Rebecca is the USC.

And it's a minimum of six months if you manage to get a job offer before you move back. If you work in an area where you have to spend a lot of time in country job hunting, then it's all the time for the job hunt plus six months of income.

And if you are retired and or too ill to get a job meeting requirements then you can never have your spouse come and be with you. Or if you simply can't get a job that meets the requirements.

Not having the option of third party sponsorship is the problem. At least that would allow the couple to immigrate together and then both the USC and UKC can contribute to their financial situation.

[Protocol417 161]

Not to mention, as I understand it, it's six months of holding a job before you can even apply. From what I can tell the process doesn't look as long as the US one has been, but it's still at least another few months, I believe. (I could be wrong... I was looking into this a couple months ago and I'm going off of memory here.)

My SO and I are planning to move back one day and we're expecting about a year of separation, assuming he can find a job that pays enough to meet the requirements.

[*Snowdrop* 604]

Not to mention, as I understand it, it's six months of holding a job before you can even apply. From what I can tell the process doesn't look as long as the US one has been, but it's still at least another few months, I believe. (I could be wrong... I was looking into this a couple months ago and I'm going off of memory here.)

My SO and I are planning to move back one day and we're expecting about a year of separation, assuming he can find a job that pays enough to meet the requirements.

If your spouse has held a job with the same employer for the previous six months at the required income level plus has a firm job offer starting within 3 months of return to the UK I think you are okay to return without separation

Plus there are various ways of making the money up with assets (if they are going to continue in the UK) and / or cash savings (as long as you have held them for six months)

If your return is a long way in the future then you have the chance to plan how to fulfill all the requirements - start saving now!

It's tough if you want to go back quickly for a family emergency though.

[Rebecca Jo 1,962]

I know this is a crazy thing to say and you don't want to hear it after the trauma of the US immigration process, but you're not exiled as a British citizen - just as a couple you'd have to be separated again for 6 months until you could take him with you. If you hate living in the US that much, it may be a path you'll need to consider.

You should probably read about my husband's health history before you suggest we spend several months separated just to satisfy a Daily Mail mindset.

[lost_at_sea 995]

You should probably read about my husband's health history before you suggest we spend several months separated just to satisfy a Daily Mail mindset.

Hey. Apologies. Honestly sorry. I didn't know. I just meant that there are always options. I happen to think the current immigration policy that has you in this situation is a disgrace and should be changed, so please don't label me a DM reader without knowing anything about me. I find it a deep insult.

[Protocol417 161]

If your spouse has held a job with the same employer for the previous six months at the required income level plus has a firm job offer starting within 3 months of return to the UK I think you are okay to return without separation

Plus there are various ways of making the money up with assets (if they are going to continue in the UK) and / or cash savings (as long as you have held them for six months)

If your return is a long way in the future then you have the chance to plan how to fulfill all the requirements - start saving now!

It's tough if you want to go back quickly for a family emergency though.

Yeah, I vaguely remember that from my research. Those aren't likely options for us, though. The chance of my SO getting a job offer in advance is next to nil (especially without having an exact move date), and any money we will have saved up will a) be needed for the move and getting his house back and b) probably not enough anyways.

[Rebecca Jo 1,962]

Hey. Apologies. Honestly sorry. I didn't know. I just meant that there are always options. I happen to think the current immigration policy that has you in this situation is a disgrace and should be changed, so please don't label me a DM reader without knowing anything about me. I find it a deep insult.

You are insulted?

[lost_at_sea 995]

I'm one of these people that carries around guilt when I get something wrong or confused, so please. I just want to be clear - I didn't realise Rebecca's situation (I got my threads confused and didn't realise the conversation earlier on this one). I'm honestly really sorry. I'm on your side!

I feel terrible that people find they can't come back to the UK. It's wrong. I've given up my job in the UK and can't easily go back.

I really hope all the high profile news reports help change the policy. Teresa May is mental (I worked for the gov before I left, and was never allowed to say anything - but her policies are one of the reasons I wanted to leave the job). The policies make me not want to go back.

You are insulted?

Uughhh. We have got off on the wrong foot.

[Rebecca Jo 1,962]

I'm one of these people that carries around guilt when I get something wrong or confused, so please. I just want to be clear - I didn't realise Rebecca's situation (I got my threads confused and didn't realise the conversation earlier on this one). I'm honestly really sorry. I'm on your side!

I feel terrible that people find they can't come back to the UK. It's wrong. I've given up my job in the UK and can't easily go back.

I really hope all the high profile news reports help change the policy. Teresa May is mental (I worked for the gov before I left, and was never allowed to say anything - but her policies are one of the reasons I wanted to leave the job). The policies make me not want to go back.

Uughhh. We have got off on the wrong foot.

Yes, we have.

Long ago, when I was a more active contributor to VJ, I learned through my own errors that it was always helpful to read a members backstory and prior posts before commenting to them.

And I've just never liked that smug "if you hate living in the US/UK/etc so much" quip. It smacks of some sort of....imperialism, IMO.

Anyway, no harm done I suppose.

[Rebecca Jo 1,962]

And now for a news article from the Beeb that will make readers to this thread throw up just a little in their mouth.

http://www.bbc.co.uk/news/uk-politics-24309634

Writing in the Daily Mail, Mr Cameron said: "I believe in marriage. Alongside the birth of my children, my wedding was the happiest day of my life.

"Since then, Samantha and I have been a team. Nothing I've done since - becoming a Member of Parliament, leader of my party or prime minister - would have been possible without her.

"There is something special about marriage: it's a declaration of commitment, responsibility and stability that helps to bind families.

"The values of marriage are give and take, support and sacrifice - values that we need more of in this country."

He later tweeted: "The £1000 marriage tax allowance will apply to straight and gay couples, as well as civil partners. Love is love, commitment is commitment."

[Justine+David 218]

When are elections again?? Surely Labour wouldn't put up with this #######. Do new governments get to appoint new ministers too, like in the US for cabinet positions?

[Boiler 45,322]

Labour caused the problem.

[Rebecca Jo 1,962]

Labour caused the problem.

I'd expect better than that from you.

[Mcbride260808 1]

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/88-min-income-update

Does anyone know when the appeal date is likely to be set for this? It has pretty big implications for many of us on here!

[Rebecca Jo 1,962]

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/88-min-income-update

Does anyone know when the appeal date is likely to be set for this? It has pretty big implications for many of us on here!

No, I can't find any info on when it will be heard. Even then, we will be waiting a while after the hearing for a decision.

Here's a little reading for you in the meanwhile, though.

http://www.mcgillandco.co.uk/Blog/2013/08/26/the-prospects-for-a-home-office-appeal-against-the-minimum-income-threshold-ruling/#comments

"It is perhaps a cruel irony that the Home Office has responded to this defeat by extending that interference in family life by putting applications on hold. In addition potential applicants may be further disheartened to know that the appellate process may continue to the Supreme Court or even the European Court of Human Rights. Often it seems the government as a matter of policy, regardless of the merits of an appeal, will pursue the matter as far as possible so that they can blame liberal judges damaging their honest and fair policy objectives (and to take away from the accusation that those policies may have been badly thought-out to begin with)

.

So is there any cause for hope? From the jurisprudence it seems that there is. The UK government has only rarely been successful in imposing excessively restrictive blanket policies on family migration. It is of course nonsense to say that in every case family life will outweigh the needs for fair, sensible and proportionate immigration control, but the real difficulty is when there is no fairness or proportionality, with a system that admits of little exception amongst its tortuous series of inconsistent rules.

This is a highly complex area, but suffice to say challenges of this type are not new and the lessons of the past would suggest the government may have a hard time overturning this judgement."