Starting the process (again). Questions about specific circumstances.

Hi all! This might get kind of long but I'm going to try and keep it simple.

I'm a USC and my husband is a UKC. We've been married 11 years and have 3 children. He and our children are all dual citizens. We are currently living in the US and planning a move to the UK. In 2011 I obtained a spousal visa with no problems and we moved to the UK. We only stayed 6 months before we moved back to the US. My first question is: can/will this complicate my new application in any way?

Next, one of our children is critically ill. He is 6 and in treatment for Leukemia. His treatment is nearly over but he will continue to need care for various related issues. Will mentioning this in my application (IIRC possibly in the cover letter?) likely be viewed negatively or potentially help to show our need to move, mostly to be nearer our support system?

My last question is the financials. Because we are living here, my spouse won't have been working in the UK prior to my application. He WILL have proof of employment to begin upon our arrival, earning the required amount per year. We will NOT have had a significant savings for 6 months prior to our move (cancer in the US is expensive) but will at the time of application from the sale of our home. How on earth do we navigate this section? My husband can't go ahead of us for 6 months to work but DOES currently make over the minimum required for the application, it just won't be in the UK.

Help with any of these questions would be greatly appreciated! The new rules are throwing me before I've even begun. 

Hey, 

My first question is: can/will this complicate my new application in any way?

Nope, it shouldn't do - you just need to state on the application which visas you have held/applied for in the past and the dates you have entered the UK, but it shouldn't have any effect on a new application.

Your husband can always mention it in the relationship history paragraph of his sponsor letter this time.

Next, one of our children is critically ill. He is 6 and in treatment for Leukemia. His treatment is nearly over but he will continue to need care for various related issues. Will mentioning this in my application (IIRC possibly in the cover letter?) likely be viewed negatively or potentially help to show our need to move, mostly to be nearer our support system?

Sorry to hear about his leukaemia . All the best to him and your family.

I can't see why it would be viewed negatively - he is a UK citizen and will be entitled to NHS treatment, so I would imagine that it may even work as a positive for the application.

Having said that, as long as you meet the 3 requirements for the visa, it will be granted, regardless of your son's situation:
- financial requirement
- accommodation requirement
- relationship requirement

My last question is the financials. Because we are living here, my spouse won't have been working in the UK prior to my application. He WILL have proof of employment to begin upon our arrival, earning the required amount per year. We will NOT have had a significant savings for 6 months prior to our move (cancer in the US is expensive) but will at the time of application from the sale of our home. How on earth do we navigate this section? My husband can't go ahead of us for 6 months to work but DOES currently make over the minimum required for the application, it just won't be in the UK.

It's pretty easy, actually - you're making it much more complicated that it actually is.

If he has been with his current US company for a minimum of 6 months and is still working there at the time you apply, you can apply under:

Category A (with sponsor returning from overseas), showing:

1) He has been with his current US employer, earning at least £18,600 per year, for a minimum of 6 months (and is still employed by them on the application date)
AND
2) He has a guaranteed UK job offer, paying at least £18,600 and starting within 3 months of moving to the UK.

If he is not with his current company at the time you apply (i.e. he quits before your application date) OR he has not been with the company and earning £18,600, for at least 6 months, you apply under:

Category B (sponsor returning from overseas), showing:
1) He has earned at least £18,600 in total (before tax) in the previous 12 months before the application date... from any and all jobs he has held.
AND
2) He has a guaranteed UK job offer, paying at least £18,600 and starting within 3 months of moving to the UK.

Edited to add:

Alternatively, if you have sold your home and will have the proceeds from the sale, totalling at least £62,500, before you apply, you can instead apply under Category D: Cash Savings and you don't need to mention his employment or job offer at all.

So your options:

- Category A or B (sponsor returning from overseas): US employment + UK job offer
or
- Category D: Cash Savings

Oh wow. Thank you SO much! I've been incredibly stressed thinking we weren't going to qualify financially! I knew I didn't fully understand the requirements but assumed (obviously) it was going to be a flaming hoops situation lol. You have absolutely made my day!!

Ksand has already given you the good news.  Just wanted to offer big hugs and support to your family.  My daughter has been ill for three days and not herself and I'm a mess!  I was saying to friends tonight I don't know how parents find strength when their child is REALLY ill. 

I would recommend that you try to find out what you need to do / who to contact to ensure continuity of care.

Keep us posted!

Aww thanks for that, and I hope your little one is on the mend!

That's an excellent suggestion! The bulk of my research so far has been looking into his care as we couldn't even decide to make the move without every confidence it would continue to be excellent and on the same track he's currently on. I joined some private fb groups for parents of children with his condition in the UK and have an understanding of the system. We will definitely have appointments booked for him before we even arrive, just so there are no surprises.

I sure wish I'd asked these questions weeks ago! What a weight lifted!
I will certainly be around to keep you posted 

Many thanks again to you both!

No worries .

Have a read through Appendix FM 1.7 for more information about meeting the financial requirement (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf), specifically the following pages:

Section 5.2, pages 21-23... this covers Cat A, sponsor returning from overseas, along with specific case studies showing how the requirement can be met

Section 5.4, pages 27-29...this covers Cat B, sponsor returning from overseas, along with specific case studies showing how the requirement can be met

Also, Section 5.6, page 34 - specified evidence required for Cat A and Cat B.

And see Section 7, page 46 - Cash Savings requirement, particularly 7.4.10 on page 52, regarding using proceeds from the sale of property.

Hi again everyone! I figured I'd just drag my original post up as it has a lot of my details in it already.

We've finally sold our house but we didn't make enough for Category D, so it looks like we'll be going with Category B.

Regarding the 12 months of pay stubs, I know we are missing a few. When we contact my husband's employer, do I need to ask for a letter with the copies stating they are accurate? Are there any other requirements for that besides a company letter head?

We've been able to rent a house and my husband will be getting the letter from our landlord next week. Is there a template for this letter somewhere?

Many thanks in advance!

Hey Dani,

Glad you're getting things sorted .

Regarding the 12 months of pay stubs, I know we are missing a few. When we contact my husband's employer, do I need to ask for a letter with the copies stating they are accurate? Are there any other requirements for that besides a company letter head?

If his employer can mail you officially printed payslips, then he doesn't need a letter confirming they are authentic, because they will be considered original documents.

If however, they are printed from the internet, they need to be accompanied by a letter.

We've been able to rent a house and my husband will be getting the letter from our landlord next week. Is there a template for this letter somewhere?

I'm assuming it's just your husband's name on the tenancy? (since you can't legally rent without a visa).

If so, then the landlord letter just has to confirm the tenancy and property details and state that he is giving you all permission to live in the property once you get the visa. There's no template, because it's up to the landlord to decide what to write in it.

See here for the accommodation requirements:
https://www.gov.uk/government/publications/maintenance-and-accommodation-maa/maintenance-and-accommodation-maa--2#maa11-adequacy-of-accommodation

Thank you so much for the response ksand! That all makes sense

Another question has cropped up, do I need to have the copy of my husband's passport photo page notarized?

Another question has cropped up, do I need to have the copy of my husband's passport photo page notarized?

Ideally, yes, but some people have been fine sending a regular photocopy. If you can get it certified/notarised, then I would do that, just to be on the safe side.

Thanks again! Luckily it's super easy with my bank!