Considering moving from the US to London

[mcurrie03 0]

Hi,

My husband moved to the US on a K1 visa and has had his green card since September of 2014. We are considering applying for a visa for myself to move to England, but are unsure how this may affect him if we ever do plan to move back to the US. His parents are getting older and he would like to be close to them as well as we are young and trying to figure out where we would like to settle down. We are just unsure how this will hurt him if we ever did plan to move back and his chances of regaining a green card again or if our best bet is to wait until he gets his US citizenship? Thank you for your help in advance.

[JFH 12,191]

For him it's definitely better to wait until he has citizenship and then he can come and go between the two countries as he chooses.

However, the bigger issue is getting a UK visa for you (unless you already have an EU passport). The requirements, especially the financial ones, are very tough. No co-sponsor allowed and he would have to go at least 6 months ahead of you and get himself a job that pays at least £18,600 (that's the current figure - in a few years when you are doing this it will no doubt be more than that). The journey for you to become a UK citizen will be longer than it will take your husband to become a US citizen. The visa is also more expensive.

[Boiler 45,966]

Hopefully an EU passport will not help.

[JFH 12,191]

Well, there is that...

[mcurrie03 0]

Thank you for your input. I have heard that it is a lot harder to get into the UK than it is in the US. Sad to know that it is so difficult to move there when I know it is where my husband would prefer to be especially with his mother's health and only getting old. Thanks again!

[JFH 12,191]

It has become a lot harder. My brother brought his wife and children here in 2009 and it was relatively straightforward and there was no income requirement. But now that the money thing is in place and no option for joint sponsors it's very difficult for citizens to return with non-citizen family members. I'm going into this process knowing that I will never be able to live in the UK again as my husband has a lifetime ban (criminal record - something else that's tougher in the UK. No waivers).

Edited June 15, 2016 by JFH

[Wooderz 314]

Assets are accepted in place of income, right? I believe one can supplement income with assets, too, to meet the limit, or is that incorrect? That is what I understand when researching moving to the UK some time down the line.

[JFH 12,191]

Assets are accepted in place of income, right? I believe one can supplement income with assets, too, to meet the limit, or is that incorrect? That is what I understand when researching moving to the UK some time down the line.

Yes, if you have £62,500 in cash savings.

"Applicants who have cash savings can make up for a shortfall in earnings if the cash savings are at least £16,000 plus 2.5 times the shortfall. So, for example, someone with an income of £17,600 would require £18,500 in savings (=£16,000 + £2,500). People without income can qualify if they have cash savings of at least £62,500."

[mcurrie03 0]

It has become a lot harder. My brother brought his wife and children here in 2009 and it was relatively straightforward and there was no income requirement. But now that the money thing is in place and no option for joint sponsors it's very difficult for citizens to return with non-citizen family members. I'm going into this process knowing that I will never be able to live in the UK again as my husband has a lifetime ban (criminal record - something else that's tougher in the UK. No waivers).

I am sorry to hear that there is no way around you ever living in the UK again. I hope you are truly happy living in the US. I hope you have a job that is flexible that you are able to visit for long periods at a time. I know my husband is not truly happy here and I am unsure if it is due to the smaller city we live in or just missing the UK lifestyle and all his family and childhood friends. He is currently self employed which I heard is even more difficult with the financial requirements. For now maybe our best bet is to move to a bigger city (I would personally love to) and hope that he adjust a bit better. If not it is worth him taking a job and apply then. Would we have to wait a year? Minimum one year with company? Does my income count at all?

[yuna628 9,700]

The hard reality is right now, if you cannot pass the financial rules there's no way to get in with your spouse. The full burden is on the UKC for the financials, no income of the USC is considered. The requirements as mentioned above are correct. If savings assets are used it must be £62,500 exactly (joint account is beneficial), being held for at least 6 months. If using income it must be salaried employment of £18,600 held for at least 6 months or the individual has a guaranteed job offer which will begin no more than 3 months upon entry. An overview of the rules are here. http://britishexpats.com/wiki/Spouse_Immigration-UK Once in, remaining there is a lengthy process of hoops to jump through, and that's not even mentioning the 'health surcharge'. You cannot work for some time once there.

For himself, it is best to wait until citizenship that way he can live in either country without issues. But getting you there without a significant amount of cash will be tricky until rules change. The UK is heading into an uncertain time now politically and economically for immigrants and the future question of whether they will remain in the EU.

Leaving his country behind was a hard choice for my husband knowing that we may never be able to return, but that's the sacrifice that was made.

The bottom line: plan to be in for the long haul unfortunately.

[Nich-Nick 3,354]

And in US money that's around $89,000. Start saving kiddos, or just do the long distance relationship again while the spouse works for 6 months.

[Wooderz 314]

If the UK citizen has a guaranteed job offer that starts within 3 months of her/her move back to the UK paying more than £18,600, then there doesn't need be a separation or much of one. The UK spousal visa process takes about 12 weeks according to the UK processing time estimates.

[JFH 12,191]

12 weeks is about how long it took my brother to bring his wife into the UK. Fortunately they got in through the door just before the financial requirement kicked in or they would not be here now. They never spent a night apart so they have that advantage over the processs I am going through to be with my husband. Every time my brother says "oh it was a terrible process" I always remind him that they were together every day throughout.

[Wooderz 314]

The main takeaway for me here is that moving back to the UK will require more preparation and planning than my husband's move to the US. Largely due to the fact that, in this situation, we are at a disadvantage bc the UK citizen has to start over again in the UK, have a qualifying job offer first, or have the funds first. Without one of those, it's a nonstarter.

[3rd 84]

This is precisely why talking over which country to live in is a big factor in a relationship. If given the choice I'd most likely move back, but having such a well paying job over here with flexible holiday is actually working out well. I can understand his missing the UK, it is vastly different here but especially if he was in a bustling city and now he isn't. Where did he live before he moved? A change is as good as a rest they say, so maybe looking into moving somewhere where he can interact more socially will be a great thing. It can get lonely for a foreign spouse, even with you by his side, so being somewhere fun and vibrant might help that transition.