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U.K. Citizen married to American 14. Years

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Britbird81
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U.K. Citizen married to American 14. Years

Post by Britbird81 » Tue Jun 23, 2015 3:19 am

I am a U.K. Citizen that has been married to an American citizen & living in America for 14 years - i have had my greencard for 12 years. We are now looking into moving to England as my Mum needs help from time to time & i am the only family member that can commit to her. I was wondering if my Husband will need a visa to be able to live & work in England, & if he'll have to go through something similar to my USA residency process?
Thank you so much for ANY help - i am at a loss right now.

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Casa
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Re: U.K. Citizen married to American 14. Years

Post by Casa » Tue Jun 23, 2015 7:53 am

Yes he will. He will have to apply for a spouse settlement visa, VAF4A. You as the sponsor will have to show that you have been earning the equivalent of £18,600 per annum in the US for the last 6 months and have a confirmed job offer in the UK also paying £18,600 per annum, or have £62,500 in savings held in an accessible account for at least 6 months.
The visa fee is £986 and your husband will also have to pay the new NHS Surcharge of £600. This is addition to the visa fee and must be paid online before submitting the application. The route to permanent residence is 5 years, issued in 2.5 + 2.5 years with a visa application required at each stage.

https://www.gov.uk/join-family-in-uk/overview
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Britbird81
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Re: U.K. Citizen married to American 14. Years

Post by Britbird81 » Tue Jun 23, 2015 9:40 pm

Thank you for your reply!
I just read this via this board & it doesnt say anything about having to earn an x amount

'If you have been together for four years or more outside the UK and you have passed the Life in the UK test, you are eligible for indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.'

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Casa
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Re: U.K. Citizen married to American 14. Years

Post by Casa » Tue Jun 23, 2015 9:55 pm

Britbird81 wrote:Thank you for your reply!
I just read this via this board & it doesnt say anything about having to earn an x amount

'If you have been together for four years or more outside the UK and you have passed the Life in the UK test, you are eligible for indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.'
You're looking at the pre-9th July 2012 Rules. The route to settlement has become a great deal tougher. The 'four year' concession has been removed. It's now a 5 year route to ILR, granted through 2.5 + 2.5 year stages. The £18,600 financial income level is mandatory unless you have over £16,000 to make up any shortfall. As I've mentioned, without any income you would need to have held £62,500 in an accessible account for at least 6 months. Income earned in the US in the 6 months prior to application can be joint, whereas you as the sponsor need the job offer in the UK meeting the £18,600 per annum earning.

This is an up-to-date link to the visa application:
https://www.gov.uk/join-family-in-uk/overview
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

physicskate
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Re: U.K. Citizen married to American 14. Years

Post by physicskate » Tue Jun 23, 2015 10:16 pm

Not sure what the requirements are, but it might be an idea to look into getting dual citizenship before you move as it will make it easier to go back should you decide to in the future.

Britbird81
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Re: U.K. Citizen married to American 14. Years

Post by Britbird81 » Wed Jun 24, 2015 1:29 am

Casa wrote:
Britbird81 wrote:Thank you for your reply!
I just read this via this board & it doesnt say anything about having to earn an x amount

'If you have been together for four years or more outside the UK and you have passed the Life in the UK test, you are eligible for indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.'
You're looking at the pre-9th July 2012 Rules. The route to settlement has become a great deal tougher. The 'four year' concession has been removed. It's now a 5 year route to ILR, granted through 2.5 + 2.5 year stages. The £18,600 financial income level is mandatory unless you have over £16,000 to make up any shortfall. As I've mentioned, without any income you would need to have held £62,500 in an accessible account for at least 6 months. Income earned in the US in the 6 months prior to application can be joint, whereas you as the sponsor need the job offer in the UK meeting the £18,600 per annum earning.

This is an up-to-date link to the visa application:
https://www.gov.uk/join-family-in-uk/overview
My husband has a good trade & makes more than enough & could get a job in England that equals the requirement, but i don't make the required amount & doubt i could get a job in England making the amount either - we also don't have savings - so, from what you're saying, that no matter how much my husband makes (can make in England), that our case is fruitless as i don't & can't make that much?

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Re: U.K. Citizen married to American 14. Years

Post by Casa » Wed Jun 24, 2015 2:45 am

From what you've posted, you'll struggle to meet the financial condition. You could re-locate ahead of your husband, try to find a job that will pay the minimum of £18,600 and after six months employment apply for your husband to join you. There is an exemption from the earnings rule if you are a full time carer, but it doesn't appear that at present your mother requires full time care as you mention 'from time to time'.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Britbird81
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Re: U.K. Citizen married to American 14. Years

Post by Britbird81 » Thu Jun 25, 2015 9:31 pm

Casa wrote:From what you've posted, you'll struggle to meet the financial condition. You could re-locate ahead of your husband, try to find a job that will pay the minimum of £18,600 and after six months employment apply for your husband to join you. There is an exemption from the earnings rule if you are a full time carer, but it doesn't appear that at present your mother requires full time care as you mention 'from time to time'.
Thank you so much for your time - i understand their wanting to dissuade citizens from leaving, but i feel this a little too much; especially w/ the issue they're having right now w/ illegal immigrants & not to mention other EU nationals milking government aid. It may not be easy for me but hopefully i can pull it off.

Thanks again!

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