Feeling pretty hopeless (and a question)

Feeling pretty depressed right now because we want nothing more than to move back to Scotland, and I can't get over the fact that despite being married over a decade, as of this moment we literally can't. (US citizen married to UK citizen living in US.)

As of right now no option sounds good or realistic. It either involves dividing the family up for an unknown length of time (if DH can actually land a qualifying job in the UK from the US), or being between houses for six whole months (if we go the savings route). Either option adds an inordinate amount of stress to an already stressful situation.

It would be easy if I had family support stateside, but my mom could not be more against us leaving, and would probably be too offended/hurt to make things any easier for us (even though she easily could).

I hate that it would look "suspicious" for me to come over as a visitor as we establish a life for our young family in Scotland (while staying with family), and then go back to the US on my own to apply for my visa at some later date once we meet the qualifications. (Why is wanting to establish stability frowned upon?)   

I do have a question though. If we try to qualify through savings being in the bank for six months, does that mean we can't even visit the UK during that time? Will it raise red flags?

Feeling pretty depressed right now because we want nothing more than to move back to Scotland, and I can't get over the fact that despite being married over a decade, as of this moment we literally can't. (US citizen married to UK citizen living in US.)

As of right now no option sounds good or realistic. It either involves dividing the family up for an unknown length of time (if DH can actually land a qualifying job in the UK from the US), or being between houses for six whole months (if we go the savings route). Either option adds an inordinate amount of stress to an already stressful situation.

It would be easy if I had family support stateside, but my mom could not be more against us leaving, and would probably be too offended/hurt to make things any easier for us (even though she easily could).

I hate that it would look "suspicious" for me to come over as a visitor as we establish a life for our young family in Scotland (while staying with family), and then go back to the US on my own to apply for my visa at some later date once we meet the qualifications. (Why is wanting to establish stability frowned upon?)   

I do have a question though. If we try to qualify through savings being in the bank for six months, does that mean we can't even visit the UK during that time? Will it raise red flags?

If the savings come from the sale of a house then there is no need to hold them for 6 months presuming you've owned the property for at least that length of time.
You'd be able to apply right away once the money has cleared  and move together in that case. 

You are also allowed to use the home of friends or relatives in the UK to meet the accommodation requirement.

I am by no means an expert but I don't know how waiting the 6 months before applying would hinder ur ability to cone over before u apply?

Savings need to be ideally in your account for 6 months before u apply ..

Could u both not come over as visitors .. book a 5 month holiday and stating visiting his family (maybe apply for a visitor visa) then presumably he can stay as a UK citizen and you return to the states to make your application?

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Savings need to be ideally in your account for 6 months before u apply ..

Ideally is not an option with the financial requirement. 
You have to have had the money in your account for at least 6 months *unless, as I mentioned, it comes from proceeds from the sale of  property which you have owned for 6 months or more.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

So if the OP is in this situation, then they could move together although on re-reading the first post, it's not 100% clear if the OP actually does have a house to sell?

There are a couple of ways to qualify for the visa without having to spend any time apart - it just depends if you can meet those requirements:

1. Does your husband currently earn at least £18,600 in the US? If he does, and he can get a UK job offer paying at least £18,600 and starting within 3 months, you could apply for the visa while he is still in the US, before he starts the job, and then all move together at the same time.

2. If your savings come from the sale of property, as long as you owned the property for 6 months before selling it, you do not need to have the money in your bank account for 6
months. Instead, you can apply as soon as the sale has gone through and the money is in your bank. So,
you could sell the house, apply right away, and all move to the UK together.


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If the savings come from the sale of a house then there is no need to hold them for 6 months presuming you've owned the property for at least that length of time.
You'd be able to apply right away once the money has cleared  and move together in that case. 

You are also allowed to use the home of friends or relatives in the UK to meet the accommodation requirement.

 

Thank you so much, Larrabee! This information has made our day... maybe our year!

Indeed larrabee .. is why I said ideally as there are exceptions to the rule ... maybe I worded it badly

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OK, another question just occurred to me:

If we don't quite make the required savings amount directly from the sale of the house, can other savings (that we've held for over 6 months) be added to meet the requirement?

OK, another question just occurred to me:

If we don't quite make the required savings amount directly from the sale of the house, can other savings (that we've held for over 6 months) be added to meet the requirement?

Yes. 

Indeed larrabee .. is why I said ideally as there are exceptions to the rule ... maybe I worded it badly

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No problem.

Thank you so much, Larrabee! This information has made our day... maybe our year!

Awesome! 

Thank you so much, Larrabee! This information has made our day... maybe our year!

And just to confirm this - from the official financial requirement documentation:

7.4.10. Funds held as cash savings by the applicant, their partner or both jointly at the date of application can be from the proceeds of the sale of property within the period of 6 months prior to the date of application, provided that:
(i) The property was in the form of a dwelling, other building or land.
(ii) The property (or relevant share of the property) was owned by the applicant, their partner or both jointly at the beginning of the 6 month period prior to the date of application.
(iii) The funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid.
(iv)If the ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner or both jointly may be counted.

7.4.11. This means that, where the cash savings held at the date of application are the proceeds of an applicable property sale;the period the property was owned in the  6 months prior to the date of application, before it was sold to produce cash savings, can be counted towards the 6 month period. So money held as cash savings at the date of application can have resulted from the sale of a property for the first part of the period of 6 months prior to the date of application and as cash savings for the rest of that 6 month period if the decision-maker is satisfied that all the requirements in paragraph 7.4.10. have been met in addition to the requirements being met when the funds are held as cash savings (see the table in 7.4.3. for a summary of the cash savings requirements). The rules do not specify what evidence must be submitted as individual circumstances and local property laws and taxes will vary. However, to assist applicants and decisionmakers, the rules give examples of some evidence we will take into account. But other evidence may be accepted if it indicates the requirements are met.

7.4.12. Examples of the evidence that can be provided include:
- Land Registry information or documentation (or a copy of this) or its overseas equivalent.
- A letter from a solicitor (or other relevant professional if the sale takes place overseas) instructed in the sale of the property confirming the sale price and other relevant information.
- A letter from a lender (a bank or building society) on its headed stationery regarding the repayment of a mortgage or loan secured on the property.
- Confirmation of payment of taxes or professional fees associated with the sale.

(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf)

Savings is the easiest category of all, especially if it's from the sale of a house. Good luck!