# moving back to the UK with my US husband...help!



## jsp (Apr 1, 2013)

I currently live in Texas with my husband and we have decided we want to live back in the UK permanently to be nearer family and friends. We are looking to apply for his spouse visa, however, we're not that we are eligible due to finances. As I am in the states I do not have a job in the UK earning £18,600. I do have around £11,000 in savings in the UK and a flat that I rent out that earns a little bit of money. My parents are willing co-sponsor to support us while we get on our feet. They can prove plenty of financial resources to support us and have a huge house we can live in rent free. I would hope I don't have to move over there alone and find work months before my husband can get his visa but I'm scared this is the case. Can anybody tell me if we will be able to obtain a spouse visa for my husband without having to move over separately? I have no doubt that we will both find work when we there, it's just me not already having a job there that concerns me. I would think this must come up. Would a job offer for myself and/or my husband suffice.

I greatly appreciate any help or advice!! Thanks.


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## Joppa (Sep 7, 2009)

jsp said:


> I currently live in Texas with my husband and we have decided we want to live back in the UK permanently to be nearer family and friends. We are looking to apply for his spouse visa, however, we're not that we are eligible due to finances. As I am in the states I do not have a job in the UK earning £18,600. I do have around £11,000 in savings in the UK and a flat that I rent out that earns a little bit of money. My parents are willing co-sponsor to support us while we get on our feet. They can prove plenty of financial resources to support us and have a huge house we can live in rent free. I would hope I don't have to move over there alone and find work months before my husband can get his visa but I'm scared this is the case. Can anybody tell me if we will be able to obtain a spouse visa for my husband without having to move over separately? I have no doubt that we will both find work when we there, it's just me not already having a job there that concerns me. I would think this must come up. Would a job offer for myself and/or my husband suffice.


The family route, which includes spouse visa for non-EEA family member, depends on meeting financial requirement which can generally only be met by the UK partner called sponsor, in this case you. You must have been earning £18,600 gross minimum in the last 12 months in US and in addition you meed a UK job offer paying the same. If you haven't been in work, you must return to UK and start working in a job earning at least the minimum for 6 months. Your husband's current job or job offer doesn't count. The only contribution he can make is towards savings, and they must be for £62,500 left untouched for 6 months. 

There are a few other visas that enable your husband to join you in UK, including student, sponsored work and entrepreneur.


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## jsp (Apr 1, 2013)

Thank you for your reply.

So there is no way that my parents could sponsor my husband or us as a couple? Is there no co-sponsor option? Is there a minimum amount of savings I could have in the UK that would qualify me to sponsor him? I have been working but not earning the right amount. I have also only been in the states for less than 12 months so I wouldn't qualify for that.

I appreciate any further advice you can offer!


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## Leanna (Oct 22, 2012)

jsp said:


> Thank you for your reply.
> 
> So there is no way that my parents could sponsor my husband or us as a couple? Is there no co-sponsor option? Is there a minimum amount of savings I could have in the UK that would qualify me to sponsor him? I have been working but not earning the right amount. I have also only been in the states for less than 12 months so I wouldn't qualify for that.
> 
> I appreciate any further advice you can offer!


No, I'm afraid not. Under the new rules that changed as of last July, sponsorship by family is no longer an option. 

In order for you to rely on savings to meet the financial requirement you need a total of £62,500 savings if you aren't earning any money. If you are working, the formula you need is £18,600 - YOUR INCOME = Shortage. Then you need 2.5 x shortage + 16,000 = What you need. 

So if you are short £1,000 on your annual income, you would need £18,500 in savings held in a readily accessible account for a minimum of 6 months.


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## 2farapart (Aug 18, 2011)

You can combine your various sources and income, and top this up with savings.

For example: you say you have some rent coming from a property you own in the UK. Provided you have no intention of occupying that property when you come to the UK, you could use that rent as part of your qualifying monthly income. Use OANDA - Forex Trading and Exchange Rates Services | OANDA to calculate how much monthly income you earn in GBP, and then add rent.

With this sum, use the aforementioned calculation to see what savings you require and you might still be able to qualify.


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## jsp (Apr 1, 2013)

Thanks for your reply. 

I'm not sure i exactly understand the savings if income shortfall but either way I don't think I'll be able to meet it. I wish I knew this before I moved to the states as we would never have married here had we known how difficult it would be to move home. I thought it was difficult for me to get into the states but it was nothing as crazy as this! We just found out I am having a baby, which is why we want to move back to be near my family. I don't think we will ever be able to do that now. I am beyond disappointed.

I can't believe there's no way for us to do this. It seems absurd.


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## jsp (Apr 1, 2013)

Thanks 2farapart. I didn't see your response enforce my last message. I'm pretty sure I come absolutely no where near £62,000 though. Is that what you mean?


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## 2farapart (Aug 18, 2011)

You only need the full £62,500 if you have NO income whatsoever...

Here's an example that might fit your situation:

First, determine how much income (before tax) you have - examples below:
Job per month: £1000 before tax
Rent income: £400 before tax

This would give you a total income per month of £1,400 - or *£16,800 a year*.

Now you need to find what your annual shortfall from the minimum income threshold (£18,600) is:
£18,600 - £16,800 = £1,800 (in other words, £1,800 short per year). 

To find out how much shortfall that would be over the 2.5 year visa, multiply the shortfall by 2.5:
£1,800 x 2.5 = £4,500

Finally, add to this the mandatory starting point (£16,000) for using savings as part of the application:
£4,500 + £16,000 = £20,500. 

So you would need savings of £20,500 in addition to your employment and rental income, meaning you would be applying under a combination of three different categories (salaried income, rental income and savings). You must hold this minimum amount for 6 months before it can be used as part of your application though.


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## Florrie (Jun 16, 2013)

Hi jsp, just wondering if you found a solution? it does seem absurd, how are you suppose to work and sponsor your husband, and receive the income needed if you are pregnant? 

We are in a similar position (though not pregnant), wanting to to move back to the UK from Australia with my Australian husband and 3 year old
If it was the other way around, and we were moving from the UK to aus, my husband wouldn't need to sponsor me in this way


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## clare155 (May 21, 2013)

I'm also in the same situation, I want to return to the UK with my Fijian husband, but I haven't been working for the last 6 months. So now, to bring my husband over, I need to head back in advance and work for 6 months BEFORE he can even reply!! It's crazy!! After five years of a long distance relationship, I just can't face another six months, I've had enough.

The Migrants Rights Network in the UK are doing some amazing campaigning against these new rules that are keeping us outside of our home countries with our families. You might want to check their website as there is a parliamentary meeting on Wednesday about the issue, which is a HUGE step forward


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## Joppa (Sep 7, 2009)

Don't expect the government to be swayed by outside pressure to water down the rules. They are already producing results in reduced level of immigration and it would be crazy for them to backtrack.


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## TIEKEY (Dec 15, 2010)

*Ireland*

One suggestion which may be helpful for you would be to move to Ireland (or somewhere else in the EU). Under EEA rules, you are eligible to live there with your non-EEA husband, as long as you are working/self employed there.

Once you've been there for 6 months, you'd then be able to move to the UK under the "SURINDER SINGH" rules.


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## Joppa (Sep 7, 2009)

But don't underestimate the bother and high costs of relocating even temporarily with the whole family, the red tape involved (residence permits, short-term tenancy etc) and, most crucially, the difficulty of securing a legit job (proper one with contract and on payroll etc, not cash-in-hand job with no papers), as Ireland and many other EEA countries have worse employment opportunities than UK, and in many countries there is a language barrier as well.


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## jsp (Apr 1, 2013)

Hi all,

For the time being we are having to stay in the U.S and our baby will be born here. The legislation in place now means that it is unlikely we will be able to return home in the near future. I totally feel like I've been let down by my own country. Myself and my family back home are pretty devastated by it. If I'd known it would be like this I would never have left the UK and would have had my husband move to the UK. We only decided on living in the U.S first as my husband had a better job.

I'm sorry I don't have better news for you.


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## clare155 (May 21, 2013)

TIEKEY said:


> One suggestion which may be helpful for you would be to move to Ireland (or somewhere else in the EU). Under EEA rules, you are eligible to live there with your non-EEA husband, as long as you are working/self employed there.
> 
> Once you've been there for 6 months, you'd then be able to move to the UK under the "SURINDER SINGH" rules.


Thanks Tiekey! I had heard of this, and only just looked it up after you mentioned it - it seems amazing that we could move to Ireland and then apply under the Surinder Singh rules to get into the UK. Dublin is as nicer place as anywhere to work for a little while... I will look into this more  Thanks again.

jsp - so sorry to hear the effect this has had on you and your family. It really is awful, and I imagine you have made the same decision as me - that you can't face leaving your husband for 6-9 months to work in the UK to bring him over. I also feel let down and disappointed.


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## Florrie (Jun 16, 2013)

oh jsp, it is a ridiculous rule. From what I understand (only just looking into it, so I could be wrong), by being British we have less rights than other EEA nationals. They can freely move to the UK with their families, yet we are penalised because we have married a 'foreigner'. 

The 'new rules' forgot about families like us. How are you suppose to move back to the UK, and work full time earning $18,400 if you are pregnant? So instead you have to stay in the US, and then, if you decide to, can return to the UK when you are ready to work. Though you will be unable to do this without splitting up your family, by either leaving your child with your husband, or taking your child with you, and then trying to find full time work while also looking after your child. I really feel for you.

I don't suppose your husband has 1 grandparent that is British-born? We are very lucky in that my husbands granddad was born in the UK so it looks like we will be able to move over to the UK and my husband go on an Ancestry visa.


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## Joppa (Sep 7, 2009)

Florrie said:


> I don't suppose your husband has 1 grandparent that is British-born? We are very lucky in that my husbands granddad was born in the UK so it looks like we will be able to move over to the UK and my husband go on an Ancestry visa.


jsp's husband is an American so not eligible for ancestry visa - only Commonwealth citizen.


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## Florrie (Jun 16, 2013)

deleted. I understand you now Joppa


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## Kady (May 1, 2010)

*Moving back to UK with US husband*



jsp said:


> I currently live in Texas with my husband and we have decided we want to live back in the UK permanently to be nearer family and friends. We are looking to apply for his spouse visa, however, we're not that we are eligible due to finances. As I am in the states I do not have a job in the UK earning £18,600. I do have around £11,000 in savings in the UK and a flat that I rent out that earns a little bit of money. My parents are willing co-sponsor to support us while we get on our feet. They can prove plenty of financial resources to support us and have a huge house we can live in rent free. I would hope I don't have to move over there alone and find work months before my husband can get his visa but I'm scared this is the case. Can anybody tell me if we will be able to obtain a spouse visa for my husband without having to move over separately? I have no doubt that we will both find work when we there, it's just me not already having a job there that concerns me. I would think this must come up. Would a job offer for myself and/or my husband suffice.
> 
> I greatly appreciate any help or advice!! Thanks.


My British husband and I (American citizen) moved back to England a year ago. We lived in Indiana. I applied for my VISA. I was granted a 15 month visa before I have to apply again. I worked in the US but my husband was unemployed at the time. We both had no jobs waiting for us in the UK. My in-laws which are pensioners showed proof that we could live with them and their income. I was granted a visa in February, 2012 and we moved to England in May, 2012. No problem. It took me 6 months to find a job in the UK but my husband hasn't been so lucky. He is still unemployed. It can be done. We did not have to met a £18,600 income. As long as you can prove you have a place to live and will not collect any UK benefits to live, you should be alright.

Hope this helps you. 

Cheers, Kady


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## clare155 (May 21, 2013)

Hi Kady,

I'm pleased to hear that you were able to continue your lives together in the UK  Sadly, the UK immigration rules surrounding family changed shortly after you were granted your visa. The UK citizen needs to prove an income of 18,600, and the non-UK spouses income is no longer taken into consideration. The UKBA will also not look at any kind of family support that inlaws or other family members may be prepared to give to support an applicant. This is why so many people are struggling.

I hope your husband finds work soon :fingerscrossed:


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## nyclon (Apr 3, 2011)

Kady said:


> My British husband and I (American citizen) moved back to England a year ago. We lived in Indiana. I applied for my VISA. I was granted a 15 month visa before I have to apply again. I worked in the US but my husband was unemployed at the time. We both had no jobs waiting for us in the UK. My in-laws which are pensioners showed proof that we could live with them and their income. I was granted a visa in February, 2012 and we moved to England in May, 2012. No problem. It took me 6 months to find a job in the UK but my husband hasn't been so lucky. He is still unemployed. It can be done. We did not have to met a £18,600 income. As long as you can prove you have a place to live and will not collect any UK benefits to live, you should be alright.
> 
> Hope this helps you.
> 
> Cheers, Kady


Unfortunately your experience is of no use and doesn't help anyone at all because you were granted a visa before the rules changed in July 2012 requiring the UK spouse to be earning £18,600/year in order to sponsor the non-UK spouse. You didn't have to meet the requirement for the UK spouse to be earning £18,600 because that wasn't a requirement at the time that you applied. It is now. 

So, you are wrong. Just having a place to live and not collecting benefits is wholly inadequate and 3rd party support is no longer allowed. If the financial requirement isn't met, the application will fail.


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## jsp (Apr 1, 2013)

Hi Kady,

Unfortunately the rules have changed and become majorly strict. I think the new legislation came into place in July 2012 so after you moved. I wish it was as simple as it used to be because my parents are more than willin to co-sponsor and have a big house we can stay in. 

I just wish we'd realised sooner and avoided all this.

Thanks though


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## Kady (May 1, 2010)

*moving back to the UK with my US husband...help! Reply to Thread*



jsp said:


> Hi Kady,
> 
> Unfortunately the rules have changed and become majorly strict. I think the new legislation came into place in July 2012 so after you moved. I wish it was as simple as it used to be because my parents are more than willin to co-sponsor and have a big house we can stay in.
> 
> ...


Sorry about that. Just thought I could help. Glad we moved in May then.

Wish you all the luck,
Kady


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## Kady (May 1, 2010)

*moving back to the UK with my US husband...help! Reply to Thread*



nyclon said:


> Unfortunately your experience is of no use and doesn't help anyone at all because you were granted a visa before the rules changed in July 2012 requiring the UK spouse to be earning £18,600/year in order to sponsor the non-UK spouse. You didn't have to meet the requirement for the UK spouse to be earning £18,600 because that wasn't a requirement at the time that you applied. It is now.
> 
> So, you are wrong. Just having a place to live and not collecting benefits is wholly inadequate and 3rd party support is no longer allowed. If the financial requirement isn't met, the application will fail.


Pardon me nyclon for trying to help. Since I do not have to apply again until August, 2013 I was unaware of the changes. Since my visa was granted before July, 2012, I am still under the same rules of not having to wait for 2 years to apply again per the website's instructions (see last paragraph below).

Sorry for the confusion then.

Kady

Partners who applied on or before 8 July 2012

This section is for the husband, wife or civil partner of a British citizen or a person who is settled here who had applied on or before 8 July 2012 for a visa to come to the UK.

If you had not applied for a visa under this category by that date, please see the main Partners section for the different rules that apply to you.

If you applied to come to the UK as a partner on or before 8 July 2012, the conditions of your stay have not changed. If you apply to extend your stay or settle in the UK, we will consider your application under the rules that applied until 8 July 2012.


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## nyclon (Apr 3, 2011)

Kady said:


> Pardon me nyclon for trying to help. Since I do not have to apply again until August, 2013 I was unaware of the changes. Since my visa was granted before July, 2012, I am still under the same rules of not having to wait for 2 years to apply again per the website's instructions (see last paragraph below).
> 
> Sorry for the confusion then.
> 
> ...


Immigration rules and laws are in a constant state of flux. Any information more than 6 months old is likely to be out of date. It's best to check the UKBA site for the latest requirements to avoid giving confusing or incorrect advice.


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## AnAmericanInScotland (Feb 8, 2012)

nyclon said:


> Immigration rules and laws are in a constant state of flux. Any information more than 6 months old is likely to be out of date. It's best to check the UKBA site for the latest requirements to avoid giving confusing or incorrect advice.


Absolutely spot-on! I practically haunted the official site and this one whilst here on the LTE for just that reason. I didn't want to be caught out on a rule change or other development so I made sure to stay aware of current immigration rules and I think as wise expats all of us should do so. I think of it as just another part of the responsibilities of being an expat. 

I just got my ILR but will still continue checking the UKBA-Home Office site at least once a month to stay on top of potential changes that may affect me as an ILR holder. 

After/if I get to be a UKC I'll still be keeping up and think expats who've naturalised should also stay on top of the immigration rules. 

If approved to become a UKC I will be keeping my USC status too, so I expect to continue making the regular checks of the US embassy/consulate site and the US State Department one as well.


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