Advice on US citizen moving to the UK with UK citizen spouse.

[borntwotimes 3]

Hello all. I have a question (a few actually). How difficult would it be to move to the UK considering I'm a US citizen. The situation is like this, I'm a US citizen, my wife is a UK citizen, and our daughter is a UK citizen by birth (born in the USA). From the research I've done so far, it looks as if our biggest hurdle is financial, as is often the case. The British government requires 'you and your partner must have a combined income of at least £18,600 a year.' The issue is when my wife worked in the UK she only made about £12,000 a year and I obviously can't legally work over there. It looks like there may be an income exemption since I'm the parent of a British by birth child. Any advice would be appreciated.

[Crazy Cat 42,616]

***Moved to the UK Regional Area since thread is specific to UK immigration***

[yuna628 9,747]

16 minutes ago, GreatlyBlessed said:

Hello all. I have a question (a few actually). How difficult would it be to move to the UK considering I'm a US citizen. The situation is like this, I'm a US citizen, my wife is a UK citizen, and our daughter is a UK citizen by birth (born in the USA). From the research I've done so far, it looks as if our biggest hurdle is financial, as is often the case. The British government requires 'you and your partner must have a combined income of at least £18,600 a year.' The issue is when my wife worked in the UK she only made about £12,000 a year and I obviously can't legally work over there. It looks like there may be an income exemption since I'm the parent of a British by birth child. Any advice would be appreciated.

The income requirement will be your biggest hurdle, but additionally your UK spouse would have to return to the UK without you and establish working at an income of that level for at least six months before applying unless you have savings. The income requirement is correct as you've quoted, or with savings of £62,500. The income requirement cost is further increased by £2400 depending on each child that is not classified as a UKC. TBH though I have seen attempts by the Home Office to put such an additional burden even when there is a child that is a citizen. Your income as a USC does not matter. The burden will entirely be upon your wife. Exceptions for anything are exceedingly rare, would likely require an excellent attorney to achieve. Furthermore remaining in the UK is a multi-year process even if successful, of which never any guarantee.

 

As you've likely discovered the financial issue can be a problem for a large part of the country. If your UK spouse is already with you in the US, I would not recommend proceeding until the financial situation is sorted, but beyond that until the spouse has obtained citizenship. Moving back to the UK would abandon the green card process, and then she would not have a status in the US anymore. Once she has citizenship, effectively becoming a dual citizen, there is no question to her status in either country.

 

https://britishexpats.com/wiki/Spouse_Immigration-UK

Edited April 26, 2019 by yuna628

[borntwotimes 3]

I do see your point about her USC status. Right now she's on the 10 year green card. I spoke briefly to a UK solicitor's office in Manchester and he made it 'seem' as if the income requirement wouldn't be an issue. However, of course, for a full consultation it's going to cost £200. From the UK gov website it says 'you may be able to settle in 5 years without meeting the minimum income requirement if either: you’re applying as a parent or you get certain benefits, for example Disability Living Allowance or Carer’s Allowance.' It at least looks like there may be a way. Who knows. I wish they made this easier for US citizens. We are partners after all 😒

[yuna628 9,747]

3 minutes ago, GreatlyBlessed said:

I do see your point about her USC status. Right now she's on the 10 year green card. I spoke briefly to a UK solicitor's office in Manchester and he made it 'seem' as if the income requirement wouldn't be an issue. However, of course, for a full consultation it's going to cost £200. From the UK gov website it says 'you may be able to settle in 5 years without meeting the minimum income requirement if either: you’re applying as a parent or you get certain benefits, for example Disability Living Allowance or Carer’s Allowance.' It at least looks like there may be a way. Who knows. I wish they made this easier for US citizens. We are partners after all 😒

Well this isn't the rules just for USCs, but for anyone that is classified as non-EEA. So it applies to a broad number of countries. No doubt it's considered discriminatory by many, and deemed necessary by others. When you look at the statistics and see a large part of the country have more than enough to support their spouse (because cost of living and job markets are vastly different depending on where you are in the country), but still not enough to pass the requirements, it's why there is a great deal of outrage. And while immigration rules to bring a fiancé or spouse to the USA are more simplified, there is still the financial requirement here too (not as severe and with options of course). I'm not familiar with many UK attorneys but Kitty Falls https://kittyfallsimmigrationlaw.com/ has had some recommendations.

 

For us personally, as much as we'd both love to live in the UK, it wasn't possible because of the requirements. My husband makes three times the wage here he ever could make in the UK, is treated well by his employer, and there is more opportunity in the US.

 

Still, I'd strongly consider waiting for citizenship first.

[borntwotimes 3]

14 minutes ago, yuna628 said:

Well this isn't the rules just for USCs, but for anyone that is classified as non-EEA. So it applies to a broad number of countries. No doubt it's considered discriminatory by many, and deemed necessary by others. When you look at the statistics and see a large part of the country have more than enough to support their spouse (because cost of living and job markets are vastly different depending on where you are in the country), but still not enough to pass the requirements, it's why there is a great deal of outrage. And while immigration rules to bring a fiancé or spouse to the USA are more simplified, there is still the financial requirement here too (not as severe and with options of course). I'm not familiar with many UK attorneys but Kitty Falls https://kittyfallsimmigrationlaw.com/ has had some recommendations.

 

For us personally, as much as we'd both love to live in the UK, it wasn't possible because of the requirements. My husband makes three times the wage here he ever could make in the UK, is treated well by his employer, and there is more opportunity in the US.

 

Still, I'd strongly consider waiting for citizenship first.

I agree. Thank you for the advice. I may need to go to a casino in Oklahoma, just saying 

[JoannaV 174]

4 hours ago, GreatlyBlessed said:

 From the UK gov website it says 'you may be able to settle in 5 years without meeting the minimum income requirement if either: you’re applying as a parent or you get certain benefits, for example Disability Living Allowance or Carer’s Allowance.'

That's in reference to getting settled status after 5 years of living in the UK, not getting the initial visa to live there for those 5 years. Though may apply for that too.
But, on another section it says " If you’re eligible to apply as a partner, you must do that instead of applying as a parent. " 😞