# Returning to the UK with kids and family



## Jimmyo (Apr 5, 2014)

Hi,

I have lived in china for 7 years and now face a wall or misery. We have lived to our means and have no way of proving an income having worked cash in hand for so many years. We have an apartment we own but can not sell it then hold the money in a bank for six months for a spouse visa. So with no savings and no visible means to show an income I can not get my wife her spouse visa. 

Our two children have an english nationality and passports and never did we get them the Chinese 'id' although i am aware that Chinese government still see them as Chinese citizens they are on visas and have not applied or been given any formal citizenship. The children were born in the UK so them returning with me is no issue at all. 

My work here is at an end and have 6 months to 12 months before i will have no choice but to leave with the kids. My wife has not worked since we met so she has no visible means of an income either. With up coming schooling/medical and other bills i see no means to save up the needed 20,000 pounds but it will be possible to show an ample income by use of starting regular cash deposits. 

I did read up and seeing as three out of the four of this family are english citizens then she is entitled to a residence permit with a validity of 5 years and the ability to work. But can she apply for this on a visitor visa, we have accommodation lined up with a 3 month breathing space to start (official, i.e. With a contract) employment and generate an income. I will have an income, but would be self employed and with no tax stubs to go with it i am not sure i can use that as evidence either. Even should I go on to pay tax on a self assessment I can not until I am personally in the UK. 

So what to do and how? Any suggestions?


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## _shel (Mar 2, 2014)

No you need to sponsor your wife for a spouse visa before traveling to the UK. She can not apply in the UK, you can not switch from a tourist visa to any other. 

You need an income of £18600 and a job offer in the UK offering the same to be eligible to sponsor her. Having British children does not change that but does mean you do not need additional income to cover them. 

As a non European she is not entitled to a residence card simply because you have british children. 

The ONLY way around this is for you all to live in Europe for up to a year. You must work ie exercise treaty rights. You then can apply to bring your wife into the UK via European rules. But the UK government insist you have moved 'the centre of your life' to that european country ie integrated, children in school, speak the language, not still have ties (property) in another country etc.


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