# UK citizen & US spouse living in US, wanting to move to UK



## bestofboth (Mar 30, 2012)

Hi everyone, this is my first post here. I'd be really grateful if anyone can help me with a couple of questions I have about returning home with my hubby.

I am a UK citizen currently living in Los Angeles with my US citizen husband. We have been together for 6 years, married for 2 1/2. We have gone through the US immigration process (I am a permanent resident) and our plan is to move to the UK together next year, after I gain my US citizenship. He is self-employed and I have been employed at the same company for the last 4 years. We will want to move to the UK together, which means that his marriage visa application will have to be approved before we leave. 

I have two questions:

1. Will the fact that we have lived together (and can prove it) for more than 4 years mean that we can jump straight to ILR, or is that only if we had been married for more than 4 years?

2. How will we prove an ability to support ourselves for 27 months if we can't rely on our current sources of income (as I'll have to find a new job out there, and he'll have to build up new clientele)? Will it all have to come down to what we have saved up (i.e. not much at this point)?

Thanks for reading, and I look forward to hearing your advice.


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## Joppa (Sep 7, 2009)

bestofboth said:


> Hi everyone, this is my first post here. I'd be really grateful if anyone can help me with a couple of questions I have about returning home with my hubby.
> 
> I am a UK citizen currently living in Los Angeles with my US citizen husband. We have been together for 6 years, married for 2 1/2. We have gone through the US immigration process (I am a permanent resident) and our plan is to move to the UK together next year, after I gain my US citizenship. He is self-employed and I have been employed at the same company for the last 4 years. We will want to move to the UK together, which means that his marriage visa application will have to be approved before we leave.
> 
> ...


No, your period of co-habitation will count as well as your marriage. As your husband hasn't yet passed the Life in the UK test (a kind of citizenship test), only available in UK, you will get a 27-month visa with KOL REQ, meaning as soon as he passes the test, you can apply for ILR (though still have to pay the full fees).



> 2. How will we prove an ability to support ourselves for 27 months if we can't rely on our current sources of income (as I'll have to find a new job out there, and he'll have to build up new clientele)? Will it all have to come down to what we have saved up (i.e. not much at this point)?


Now this is going to be a grey area. The government is likely to introduce new rules about sponsoring non-EEA family members to settle in UK, with a minimum UK income of £25,700, according to a recent leak. We don't yet know if savings are taken into account, or any external sponsorship from family and others living in UK. So we don't yet know how you can meet the maintenance requirement. Hope we don't have to wait too long for an announcement. Read a thread on £25,700 maintenance requirement.


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## bestofboth (Mar 30, 2012)

Joppa said:


> No, your period of co-habitation will count as well as your marriage. As your husband hasn't yet passed the Life in the UK test (a kind of citizenship test), only available in UK, you will get a 27-month visa with KOL REQ, meaning as soon as he passes the test, you can apply for ILR (though still have to pay the full fees).
> 
> Figures I guess. The US has a similar set of hoops that we've had to jump through on this end. So in this case, what would the advantages of applying for ILR be (other than that he could eventually apply for citizenship)? It seems like either way we still can't avoid the 27 month income rule...?
> 
> Now this is going to be a grey area. The government is likely to introduce new rules about sponsoring non-EEA family members to settle in UK, with a minimum UK income of £25,700, according to a recent leak. We don't yet know if savings are taken into account, or any external sponsorship from family and others living in UK. So we don't yet know how you can meet the maintenance requirement. Hope we don't have to wait too long for an announcement. Read a thread on £25,700 maintenance requirement.


Thanks Joppa, I read the maintenance thread so I guess it's just a matter of wait and see. Thanks again.


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## bestofboth (Mar 30, 2012)

Joppa said:


> No, your period of co-habitation will count as well as your marriage. As your husband hasn't yet passed the Life in the UK test (a kind of citizenship test), only available in UK, you will get a 27-month visa with KOL REQ, meaning as soon as he passes the test, you can apply for ILR (though still have to pay the full fees).
> 
> 
> Now this is going to be a grey area. The government is likely to introduce new rules about sponsoring non-EEA family members to settle in UK, with a minimum UK income of £25,700, according to a recent leak. We don't yet know if savings are taken into account, or any external sponsorship from family and others living in UK. So we don't yet know how you can meet the maintenance requirement. Hope we don't have to wait too long for an announcement. Read a thread on £25,700 maintenance requirement.



Figures I guess. The US has a similar set of hoops that we've had to jump through on this end. So in this case, what would the advantages of applying for ILR be (other than that he could eventually apply for citizenship)? It seems like either way we still can't avoid the 27 month income rule...?

I read the maintenance thread so I guess it's just a matter of wait and see. Thanks Joppa.


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## nyclon (Apr 3, 2011)

> 1. Will the fact that we have lived together (and can prove it) for more than 4 years mean that we can jump straight to ILR, or is that only if we had been married for more than 4 years?





> No, your period of co-habitation will count as well as your marriage. As your husband hasn't yet passed the Life in the UK test (a kind of citizenship test), only available in UK, you will get a 27-month visa with KOL REQ, meaning as soon as he passes the test, you can apply for ILR (though still have to pay the full fees).


Isn't this one of the things they are talking about doing away with? By that I mean, letting those who have lived together for 4 or more years outside of the UK jump to ILR. Also, the OP stated they are moving next year and rules could change yet again by that time.


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## bluerain1977 (Mar 25, 2013)

*UK/US citizens to UK*

very similar to me. Looking into moving to the UK from the US.
Husband is Uk Citizen who now has joint US citizenship. I am a US citizen and my daughter (I am the only legal parent) is a US citizen. 
I am not sure where to start! Is it easier for the UK citizen to go back to the UK and get a job and residence then request me and my daughter (not to mention 3 dogs). (or rather do that while we are applying for us to come over). I know it takes 6 months to get pet passports so if I send my husband over first (he is not keen on this idea but we've had to wait to be together before) would that work better?
We have been married for 6 years end of April.


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## nyclon (Apr 3, 2011)

bluerain1977 said:


> very similar to me. Looking into moving to the UK from the US.
> Husband is Uk Citizen who now has joint US citizenship. I am a US citizen and my daughter (I am the only legal parent) is a US citizen.
> I am not sure where to start! Is it easier for the UK citizen to go back to the UK and get a job and residence then request me and my daughter (not to mention 3 dogs). (or rather do that while we are applying for us to come over). I know it takes 6 months to get pet passports so if I send my husband over first (he is not keen on this idea but we've had to wait to be together before) would that work better?
> We have been married for 6 years end of April.


This post is a year old and the rules have indeed changed since than. The length of your marriage does not have any impact. 

If your husband is currently making at least £22,400/year and can manage to line up a guaranteed job in the UK making the same amount which will start within 3 months of your return, then you can apply for a visa and return to the UK together. If he can't satisfy those 2 conditions, then he can return to the UK on his own, obtain a job making the above amount and after having the job for 6 months you can then apply for a visa from the US. Alternatively, if you have £62,500 (possibly more to take yor daughter into account) which has been sitting in a readily accessible account untouched for 6 months you can apply for the visa and travel to the UK together.

UK immigration laws and rules tend to change about every 6 months so posts older than that are likely to be out of date. 

See the UKBA website to get started on current requirements:

UK Border Agency | Partner of a British citizen or settled person


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## Joppa (Sep 7, 2009)

Savings of £72,000 is needed to sponsor you and your daughter.


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## Nicolehayley (May 5, 2014)

Hi there,

I see that your post is dated but i wanted to follow up to see how things worked out for you and your husband. I (A UK citizen) and my husband ( A US citizen) just made a move from Los Angeles to UK but are thinking about returning to Los Angeles


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## bestofboth (Mar 30, 2012)

Nicolehayley said:


> Hi there,
> 
> I see that your post is dated but i wanted to follow up to see how things worked out for you and your husband. I (A UK citizen) and my husband ( A US citizen) just made a move from Los Angeles to UK but are thinking about returning to Los Angeles


Oh yes - why's that? I am currently in the UK. Not sure whether to stay or go...


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## Nicolehayley (May 5, 2014)

Hi there & thanks for your response. 
I'm happy for you that you and your husband made it to the UK.. I may have misunderstood your message but did you mean that you both are thinking about going back to the states?
How have things been for you since you returned to the UK, especially your husband being American? What part of the UK are you in and what part of the US did you come from?
Hope you don't mind me asking but seems that we're in a similar boat... I am finding it quite difficult to adjust work and financially wise and I actually miss the states which I didn't think I would
Thanks


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## bestofboth (Mar 30, 2012)

It's just me here - he is not so easily relocatable so he's still in LA for now while I make my mind up. I swear my opinion changes every day. 

I really want to be here and am loving the familiarity of everything - the sense of humour, the food, TV... but then I miss my very easy way of life and spacious apartment in LA... but then LA bores me and the people grate on me... but then London is overcrowded and filled with rude, disrespectful people... My family is here... but they are all so caught up in their own little worlds to barely notice me being here (they all think I should go back anyway).... I've grown apart from most of my friends here... I have more friends here than LA but most I'm not close to... I have a small group of close friends in LA.... but then the potential to make new friends is greater here than in LA i think... 

So I'm afraid I'm not much help. It seems we may kind of be in the same boat? I'm giving myself a few more months to make a decision.


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## Nicolehayley (May 5, 2014)

You took the words out of my mouth & I feel the EXACT same way. I had been living in woodland hills for the past 10+ years (I'm 34) and now I'm in Bushey, herts... You definitely have more patients then me, I've been here for 6 weeks & I'm already starting to get anxious..
Someone said to me recently that choosing where your heart is isn't always the best answer, but it depends on what you're looking for, for me we want to start to have a family soon & as much as I would love to raise a family around my family I think we can provide for them better in LA..
Are you working while you're here if you don't mind me asking? 
It's so hard to make a decision, one day I think I've made it & the next I've changed my mind too..
Hopefully we'll figure it all out soon


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## bestofboth (Mar 30, 2012)

I've been here since November. Yes if the UK had the same quality of life as LA there would be no question... but the salaries are lower, and expenses higher... it just doesn't make sense  I still have my US job and am working remotely while I look for work here. I'm not excited about the options... Send me a PM so we can chat more!


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