I need help with the rules

[caileach]

I've been reading through the rules, but I'm pretty confused by them.

My wife - US citizen - and I - UK citizen - are currently in the US, I've been here for several months. I only just graduated from university, so my only income for the last 4 years has been student loans but I have a job offer exceeding the £18,600 threshold in the UK. So my questions:

Can I move back to the UK and accept employment, and then use that to meet the financial requirements? Do I have to have 3 or 6 months of earnings before she can join me?

If I do need to have several months of earnings would she be allowed to join me on a visa waiver, then return to the US and begin the visa process in the future?

Do savings in my wife's name count toward the financial requirement? We have around £4k cash savings, in addition to a lot more in other savings.

If we apply for temporary residence - say 2 years - can we include her income? And then at a later date apply for an extension? There was something in the rules about that, but I can't find it now

I'm sorry if these questions have been asked before.

[Wanderer]

1. Six months payslips.

2. In theory yes, but might be hard to persuade IO she is genuine visitor if questioned and bear in mind US citizens are most commonly caught out this way.....

3. Yes, but I think only readily accessible funds count. £4k wouldn't make much difference anyway.

4. She'd be granted 2.5 years FLR which can then be extended another 2.5 years to meet ILR requirements. Her earnings can count then.

[caileach]

Thanks for your reply

Since it would be nearly a year doing that, would it be possible to just move to the EU and use the Surinder Singh route? I expect we'll face difficulties but is it impossible?

[Wanderer]

Thanks for your reply

Since it would be nearly a year doing that, would it be possible to just move to the EU and use the Surinder Singh route? I expect we'll face difficulties but is it impossible?

Yes, entirely possible, Ireland seems the best choice (for language) but although I enjoyed myself working in Dublin, not sure I could live there for an extended time (rules are you must shift your 'centre of life' to the new State) - it's a lot of upheaval - twice...

[Casa]

Only savings of £16,000 and over will be taken into consideration.

[caileach]

Only savings of £16,000 and over will be taken into consideration.

If we could get £16,000 of savings in her name would that help?

And if I was to go to the UK, she went as a visitor and told the border agent "I'm here to visit my husband while he fulfills the requirements for a spouse visa, then I'll return to the US to get that visa" with a return ticket in hand, are they likely to let her through? I get the feeling they might in Glasgow, where they seem to be fairly relaxed compared to English airports.

It's increasingly looking like Surinder Singh is the only option.

[MPH80]

It depends on the income you would have as to whether the savings would help.

Savings can be used to cover a shortfall in income. If you have no income - then you need £62,500 in savings - and for 6 months in an account prior to the application. The formula is 16000 + (shortfall * 2.5). So you can work that out for yourself.

On the visitor route - they *might* buy it ... they probably wouldn't. It would take you 1-2 months to get a job ... and you'd then have to send her back for those last couple of months.

Singh is a possibility ... but keep in mind that you have to move there for a significant period of time to make it work now - think 12 months. So it's 6-9 months apart ... or 12 months in another country ... then moving again.

M.

[caileach]

It depends on the income you would have as to whether the savings would help.

Savings can be used to cover a shortfall in income. If you have no income - then you need £62,500 in savings - and for 6 months in an account prior to the application. The formula is 16000 + (shortfall * 2.5). So you can work that out for yourself.

On the visitor route - they *might* buy it ... they probably wouldn't. It would take you 1-2 months to get a job ... and you'd then have to send her back for those last couple of months.

Singh is a possibility ... but keep in mind that you have to move there for a significant period of time to make it work now - think 12 months. So it's 6-9 months apart ... or 12 months in another country ... then moving again.

M.

Thanks, I think the best option might be to go to the EU and do a three year PhD, and then apply that way. We're pretty much completely displaced now anyway and living in limbo, so relocating won't be too much trouble.

Thanks to everyone in this thread, I think all my questions are answered