# US Citizen Marrying UK Citizen intending to live in the UK



## ruskindenmark (Jan 12, 2017)

Dear All,

New user here so apologies if I get stufdf wrong/this has been done before. I'm sure in fact that it has, but please indulge me if you would as everyone's story is different. 

I met my fiancee five years ago when she was a student here on a year abroad program. We became partners and then conducted a long distance relationship when she went back to the US. Over the years we visited each other many times and then finally she enrolled in a masters program at Royal Holloway. We have just finished an amazing year together culminating in her securing a good job and us becoming engaged.

However (all sounded too good right?) she has now been told that as she is relatively young she can't have a manager's role (even though she was already working inthe compnay and doing a good job) and that in fact her Tier 2 visa application would most likely be denied and would cost many many thousands of pounds that would not be refundable. She now has 12 days to leave the country. :mmph:

We plan on getting married in the US (Think it seems much easier there - I can do it on a tourist visa I think?). Then the plan is that I go home, and we apply for a spouse visa for the UK, then she can come over and resume her job (which the company are allowing her to work freelance for in the meantime).

OK! Think that sums it up. My questions are fairly obvious. Can this be done? What must we not get wrong!? What is the process? I am self-employed but earned £30K last year so I'm hoping that that's fine as it seems to be an earnings threshold of £18.6K. Has anyone got any comparable experiences/stories that they could share? Or some wise words or words of warning? Any help would be greatly appreciated!

Thank you so much for your time and help!

Robert

:violin:


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## ruskindenmark (Jan 12, 2017)

should perhaps clarify - I am a UK citizen. Oh, and I have read the official guidelines and websites. Some of which I found useful but which involved a lot of legalese that confounded me. So if somebody knows a better website/could parse the information in a clearer way that would be cool. But mostly I'm looking for people's experiences and opinions. Thanks!


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## Crawford (Jan 23, 2011)

What you are planning to do sounds fine; you marry in the US and then you, the UK citizen returns to the UK and your wife applies for the spouse (setttlement) visa from the US.

Start here:

https://www.gov.uk/join-family-in-uk

What you need to supply as self employed to fulfill the financial requirements are below:

https://www.gov.uk/government/uploa...708/Appendix_FM_1_7_Financial_Requirement.pdf


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## ruskindenmark (Jan 12, 2017)

Thank you. That's reassuring to know that I have the basics in place. That document looks very helpful too. Do you have any personal experience in this field?


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## nyclon (Apr 3, 2011)

What you are planning if fine. You need to meet financial, accommodation and relationship requirements. Self-employment is the most difficult financial category to apply under as you require a full financial year's worth of info. The required documents are very specific .


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## Crawford (Jan 23, 2011)

ruskindenmark said:


> Thank you. That's reassuring to know that I have the basics in place. That document looks very helpful too. Do you have any personal experience in this field?


Personal experience of moving on a spouse visa - NO; but read the forum and there are many threads of people's experiences.


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## ruskindenmark (Jan 12, 2017)

nyclon said:


> What you are planning if fine. You need to meet financial, accommodation and relationship requirements.


Well we have the relationship one nailed. Six years and lots of time together. Accomodation requirements - I didn't know there were any! Do you know what they are?



nyclon said:


> Self-employment is the most difficult financial category to apply under as you require a full financial year's worth of info. The required documents are very specific .


Yes i'm finding that out right now! It's so complex ): This paragraph for example:

9.3.8. Self-employed income can be cash-in-hand if the correct tax is paid. In line with
paragraph 3.1.5 of this guidance, it would generally be expected that the person’s
business or personal bank statements would fully reflect all gross (pre-tax) cash income.
Flexibility may only be applied where the decision-maker is satisfied that the cash
income relied upon is fully evidenced by the relevant tax return(s) and the accounts
information. 


Well - I get paid cash in hand fairly often as a private tutor. So I usually allow it to build up and then deposit it all in one big chunk. Do you think that would cause an issue? I have all my invoices and a full record of every lesson taught, so should be fine? I also get paid by the agencies and they pay me an accumulated monthly fee too, so me having a cash version should be fine shouldnt it? 

As for tax return, well I'll have that by end of this month. Just sorting it with accountant now. Goodness me I'm swamped!


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## ruskindenmark (Jan 12, 2017)

Crawford said:


> Personal experience of moving on a spouse visa - NO; but read the forum and there are many threads of people's experiences.


Yes have been reading through them. Seems like my self-employment status may prove be the uniqueness of my own struggle through all this!


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## nyclon (Apr 3, 2011)

You have to prove that you have adequate accommodation. How you meet it depends on your circumstances. Are you renting? Do you own? Do you live alone? Are you living with family or friends?


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## ruskindenmark (Jan 12, 2017)

My mum owns a house which I'm helping pay the mortgage for and has a spare room so there is a place for her to stay. So that should be ok?


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## ruskindenmark (Jan 12, 2017)

Thanks everybody for your help so far. I think everything should be fine but I haven't found anyone who has been through this process and is self-employed. Does anybody have any specific experience with self-employment and the spouse visa?


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