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Moving back to the UK with my spouse

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Marriage | Unmarried Partners | Fiancé | Ancestry

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ubiq121212
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Posts: 1
Joined: Tue Mar 15, 2022 4:12 am
Australia

Moving back to the UK with my spouse

Post by ubiq121212 » Tue Mar 15, 2022 4:21 am

Hi,

I am a dual national Australian and Brit, having spent most of my life in Australia but still maintaining a British passport. My wife is Hungarian.

We are planning to move back to the UK in May and will be starting fresh there, and plan to stay with family until we find accommodation/employment etc. Looking at the VISA requirements now it seems we may have underestimated the requirements, as it appears they need proof of employment/residency etc. The problem is, even as a British citizen; I do not have any proof of these things as they are yet to be determined.

Is there anyway my wife can enter the UK (with a right to work) without us providing these documents ahead of time?

Thanks in advance

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Moving back to the UK with my spouse

Post by manci » Tue Mar 15, 2022 9:25 am

Yor wife would need a spouse visa to come to the UK with you and be allowed to work.

Temporary accommodation with family in the UK is not a problem but the financial requirements would have to be met. They are described in this document and will depend on your personal circumstances:
https://assets.publishing.service.gov.u ... rement.pdf
Personal opinion, not professional or legal advice

secret.simon
Moderator
Posts: 11529
Joined: Thu Feb 21, 2013 9:29 pm

Re: Moving back to the UK with my spouse

Post by secret.simon » Tue Mar 15, 2022 12:18 pm

ubiq121212 wrote:
Tue Mar 15, 2022 4:21 am
Is there anyway my wife can enter the UK (with a right to work) without us providing these documents ahead of time?
No.

As I had mentioned in another thread, there is really not much advantage to being a British citizen not resident in the UK. Apart from you (the British citizen, not any non-British family members) being able to enter and exit the UK at will, there is not much advantage. You will not be eligible for free NHS or for some benefits, for instance.

As regards sponsoring your wife from abroad, at least under the current immigration rules, you will have to prove that you meet the Minimum Income Requirement by
(a) demonstrating savings of £62500 held in an easily accessible bank account for at least six months before the date of the spousal visa application, OR,
(b) having a job with a salary of at least £18600 for at least six months in your current country of residence AND having a confirmed job offer in the UK paying at least the same when you return to the UK, OR,
(c) moving to the UK on your own and earning enough to sponsor your spouse after six/twelve months (depending on whether the job is salaried).

Your wife can only move to the UK with the right of work after a spousal visa is issued to her by the Home Office after one of the conditions above are met.

The fees for the initial application are ~£3300 (~£1500 for the actual fees and ~£1800 for the Immigration Health Surcharge).

It is a pity that you did not move before 31st December 2020. As your wife is Hungarian, she would have been able to move to the UK under the much more advantageous EU rules in place at the time.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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