Do I have any visa options?

[giblet]

I'm a US citizen who used to have a HSMP and then a Tier 1 visa. I left the UK (thinking I'd never move back) and my visa expired last year. I'm now in a relationship with a UK citizen and we'd like to move back to the UK. As a self-employed person (I'm a writer) are there any visa options available to me?

If I came to the UK on another type of visa (student, maybe?) could I apply for another Tier 1? My understanding is that Tier 1 is still open to those still in the UK.

I'm hoping to not have to get married in order to return to the UK, but that is still an option (although not the best one, in my mind).

Any suggestions would be appreciated. Thanks!

[thebionicredneck2003]

Hi,

Tier 1 General Visa is closed, so you will be unable to apply for this visa whether you are in the UK or outside.

You need to have a look at http://www.ukba.homeoffice.gov.uk/ and see if you qualify for a visa in any other categories and apply accordingly.

[giblet]

Thanks. It looks like my days of being a highly-skilled migrant are over and marriage is my best option. Bummer.

[Casa]

Bear in mind that under the new Regulations, unless you have at least £62,000 in savings, your husband will need to show a minimum of 6 months earnings in the UK which equate to an annual salary of £18,600 when you submit your spouse visa application.

[giblet]

Bear in mind that under the new Regulations, unless you have at least £62,000 in savings, your husband will need to show a minimum of 6 months earnings in the UK which equate to an annual salary of £18,600 when you submit your spouse visa application.

I was actually just researching this. I am finding the information about the financial requirement quite difficult to understand.

Our situation is as such: my UK partner will work in the UK for the next 6 months. Then, in January, he was planning on coming and staying with me abroad for 3-4 months. Then we hoped to move to the UK with me on a fiance visa.

If we wait to apply for the fiance visa until next April, he will not have 6 consecutive previous work months to show. Could we apply for the fiance visa in January but then not use it until April?

Because my income is from self-employment which cannot be used in conjunction with savings, I am unsure if I will meet the threshold on my own.

[Casa]

You can defer the visa start date for up to 3 months, but be extremely wary of your fiance's 3-4 months absence as you'll need to meet the £18,600 minimum again when you apply to switch from fiancee to spouse after the wedding. The absence is likely to mean a shortfall in proof of earnings.

[giblet]

You can defer the visa start date for up to 3 months, but be extremely wary of your fiance's 3-4 months absence as you'll need to meet the £18,600 minimum again when you apply to switch from fiancee to spouse after the wedding. The absence is likely to mean a shortfall in proof of earnings.

Thanks, that's a good point. I think that I have enough savings to meet that shortfall.

Or, can we use proof of our combine income to reach the £18,600 threshold? I'm looking at the UKBA guidance document and it seems that either partner can make £18,600+ and get approved, but I am unclear whether both partners can combine income to reach that amount.

[Ayyubi72]

When applying for a visa only the UK sponsor's earning will count.

When you are in UK, and once you have permission to work, then both the applicant and sponsor can combine their earning to fulfill financial requirement.

If you arrive on a finacee visa you will not have permission to work until you get married and apply and are granted a spouse visa in UK by submitting form flr(M).

If you arrive in UK on a spouse visa, then you will have permission to work as soon as you land.

[giblet]

When applying for a visa only the UK sponsor's earning will count.

When you are in UK, and once you have permission to work, then both the applicant and sponsor can combine their earning to fulfill financial requirement.

Thanks. Just to clarify, when initially applying for the visa, can my savings be used in combination with the UK sponsor's earnings? Or can his savings be used?

[Ayyubi72]

For your initial visa application outside UK, the whole financial requirement burden is on your sponsor.

[giblet]

For your initial visa application outside UK, the whole financial requirement burden is on your sponsor.

Yikes. Can he use his own savings as well, or just earnings?

[Ayyubi72]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Casa]

For your initial visa application outside UK, the whole financial requirement burden is on your sponsor.

This is incorrect. Both sponsor's and applicant's savings can be included.
3.1.2. Income and cash savings must be in the name of the applicant, their partner or jointly.

However, only the earned income from the sponsor's employment will be counted.

[giblet]

Both sponsor's and applicant's savings can be included.
3.1.2. Income and cash savings must be in the name of the applicant, their partner or jointly.

However, only the earned income from the sponsor's employment will be counted.

Thanks. This is how I read it as well, but I am finding the document pretty confusing so wanted to make sure.

[Ayyubi72]

And I stand corrected.