Question re: immigration income requirement

[kaylasevans 0]

I'm unsure if this will get any responses considering the unique circumstances but I figure it's worth a shot.

My now-husband is originally from the U.K. He traveled to the US on a K1 visa in June of 2014, we were married August of 2014. He obtained his green card in December of 2015.

As of recent my husband has been ill and has missed several days of work, and as a result has lost his job. Amidst the financial struggle we entertained the idea of returning to England to live with his family and stay, possibly, indefinitely once his medical conditions are addressed and treated and we're able to get on our feet financially.

After researching different visa types for U.K. immigration it was determined I would need a visa to join a family member in the U.K. However there is an income requirement that he (my husband) would need to meet as my sponsor.

I guess I'm wondering how that would be necessary considering the fact that he's been working and living in the United States for the past two years. Would he need to provide proof of his income while he was working in the United States or would it just be proof of him working in the U.K.?

His step father's income is more than adequate to cover the requirement but we are unsure if there is a possibility for a co-sponsor for these types of circumstances.

I really would hate to be away from my husband during these difficult times for him, mentally and physically regarding his medical conditions. But the more I read the more I believe that we will need to be apart until a solution is found.

Any help or insights on this would be greatly appreciated.

[Ash.1101 1,755]

An immigration to the UK forum would be more suitible for this question.


But I'd imagine that it would be the same requirements as the US has. He would need to prove UK income stability to bring you into the UK. Foreign income only matters if the income is continuous even after moving.

As for cosponsoring, I'd imagine there would be, but I don't know what the requirements for UK are.

[Illiria 980]

The U.K. Wants a garuntee that you won't become a public charge, just as the us do for their immigration process.

U.K. Immigration does not allow cosponsors.

I will ask that your post be moved to the U.K. Section but it would be best you looking for a U.K. Immigration forum.

Edited November 16, 2016 by Illiria

[Ontarkie 14,193]

~~Moved the the UK Regional forum from What Visa Do I need - As the OP is looking at moving to the UK~~

[JFH 12,189]

No joint sponsors or co-sponsors allowed for UK immigration.

It will be harder for you to migrate to the UK than it was for you to bring him into the USA.

The options are: either he goes ahead of you and gets a job earning the minimum or more and then you apply for your visa and follow, or he can use income earned overseas if he has been in continuous employment. It would appear that neither of these are open to you due to his medical issues. The other option is savings. But you need £62,500 to qualify.

Sadly, it looks like you may be yet another US/UK couple who will probably never be able to live in the U.K. We are in the same situation as my husband (USC) has a conviction for theft from over 20 years ago that has barred him for life (despite being married to a Brit) under the current draconian rules. It is our hope that the rules will change for non-EU spouses of citizens. And people wonder why I voted to Leave... Not to get too political but it is quite maddening to see that there is no income requirement and criminal convictions don't count for EU spouses but because my husband (and our OP here) happen to have been born on a different land mass they are treated completely differently.

I'm sorry for you, OP, I really am.

[yuna628 9,665]

I'm unsure if this will get any responses considering the unique circumstances but I figure it's worth a shot.

My now-husband is originally from the U.K. He traveled to the US on a K1 visa in June of 2014, we were married August of 2014. He obtained his green card in December of 2015.

As of recent my husband has been ill and has missed several days of work, and as a result has lost his job. Amidst the financial struggle we entertained the idea of returning to England to live with his family and stay, possibly, indefinitely once his medical conditions are addressed and treated and we're able to get on our feet financially.

After researching different visa types for U.K. immigration it was determined I would need a visa to join a family member in the U.K. However there is an income requirement that he (my husband) would need to meet as my sponsor.

I guess I'm wondering how that would be necessary considering the fact that he's been working and living in the United States for the past two years. Would he need to provide proof of his income while he was working in the United States or would it just be proof of him working in the U.K.?

His step father's income is more than adequate to cover the requirement but we are unsure if there is a possibility for a co-sponsor for these types of circumstances.

I really would hate to be away from my husband during these difficult times for him, mentally and physically regarding his medical conditions. But the more I read the more I believe that we will need to be apart until a solution is found.

Any help or insights on this would be greatly appreciated.

What you're seeking to do won't work, especially in the circumstances you have described. And I'm sorry for that, truly I am. Your husband would have to return to the UK and establish himself there, and he would need a guaranteed job with income the amount of the requirements. Otherwise, he would need to be employed currently in the US for a set amount of time per the regulations and also be making that same amount (factoring in the exchange rate). Or you would need roughly £62,000 in savings directly. Furthermore I would say that not even a special living arrangement or offers of help from friends or family are considered. Let's say for instance a family member offered you both a place to stay in order to lower living costs, none of these would be considered. No cosponsorship at all. No input or financials from you. The burden is entirely on your husband.

Lastly, your husband would all essentially give up the process of immigration that he has already begun in America. Green cards are for living in America, and if you decide to now reside in the UK, this pretty much voids that all out. In addition, remaining in the UK is only one small part to a multi-layer process, which does not even give you the ability to work for a significant period of time. It is very costly, especially for a continuing process which will now be increasing in rate and regulation.

You are unfortunately a non-EU citizen (and if Brexit rolls through neither are any UK citizen for that matter), there is no freedom of movement or right to live with UK spouse in the same way current EU citizens enjoy. The requirements are heavy and harsh for a reason. Those reasons I won't get into right now, or debate their fairness - but it is a matter that is currently challenged in the UK Supreme Court. It is unlikely, no matter the outcome that ruling may eventually be, it is doubtful the current government in place will seek to make any changes to that doctrine, indeed the word is, things will become significantly worse.

When a UK/US couple makes the decision to move to America, I'd always advise to make this decision wisely, and commit as best you can to resolve your life together in America. That is what my husband did with a heavy heart in knowing he would leave all behind, and most likely never return with his wife to his own country. Not because he wouldn't want to, but because the UK has no want of him with his US wife anymore. Obtain US citizenship if you can so that you have a pathway of multiple options, should your financial situation change for the better. We are all going through uncertain economic times right now. I wish your husband's health should improve and that things look a little brighter in the future.

An immigration to the UK forum would be more suitible for this question.

But I'd imagine that it would be the same requirements as the US has. He would need to prove UK income stability to bring you into the UK. Foreign income only matters if the income is continuous even after moving.

As for cosponsoring, I'd imagine there would be, but I don't know what the requirements for UK are.

There is no such thing as co-sponsorship in the UK. The only money that counts is from the UK citizen directly. Not even the foreign spouse has any financial input.

Edited November 16, 2016 by yuna628

[SunflowerSweet 1,321]

As other have mentioned and you are now probably realizing, the UK does not play around when it comes to their financial requirements for non-EU immigrant families. No co-sponsors, no exceptions. We realized this going into the process and it was really sobering.

We discussed worse-case scenario situations like yours. Basically, were we going to be okay with the likely possibility of being separated should any emergency arise that would result in him needing to return "home"?

They are horrible requirements in my opinion. There have been multiple lawsuits against these requirements being unfair and unreasonable, but so far there has been no indication that the rules will be changed or waived anytime soon.

I always find it interesting when people bring Brexit into the conversation, as the decision to leave the EU will somehow fix the problem, when in all likelihood it wont.

Most people are surprised when they learn that the majority of immigrants entering the UK are NOT EU CITIZENS. Yes their path is easier, but when the leave campaign poised that an open border with the EU was the reason for a high level of migrants in the UK they were being very misleading.

Many people seemed to have fallen for that line, or at least voted Leave out of spite because if it's not easy for them, why should it be easy for anyone else? I personally don't understand the logic of taking things away from others in order to correct a wrong done on oneself, but I suppose it's too late for any of that now.

[JFH 12,189]

I always find it interesting when people bring Brexit into the conversation, as the decision to leave the EU will somehow fix the problem, when in all likelihood it wont.

Most people are surprised when they learn that the majority of immigrants entering the UK are NOT EU CITIZENS. Yes their path is easier, but when the leave campaign poised that an open border with the EU was the reason for a high level of migrants in the UK they were being very misleading.

Many people seemed to have fallen for that line, or at least voted Leave out of spite because if it's not easy for them, why should it be easy for anyone else? I personally don't understand the logic of taking things away from others in order to correct a wrong done on oneself, but I suppose it's too late for any of that now.

I certainly didn't vote Leave because of numbers or because I believe it will "fix" a problem. That's never been the reason why I voted for anything. But it is a way to express dissatisfaction with the status quo. A level playing field is my dream. And a dream it will remain. Since when did a capitalist government ever give anyone a level playing field?

But whilst we remain shackled to the dead horse that was the EU and are required to accept EU migrants (even ones with convictions for murder) unconditionally, the situation for my husband and his theft conviction certainly won't get any better. Leaving the EU might not change it, but we won't know until we give it a try. Dum spiro spero!