US citizen married to UK citizen who hasn't lived in the UK for 20 years

I am a US citizen. My husband is a UK citizen who has lived in the US for 25 years and has a US Permanent Resident card. (All of his aunts, uncles and cousins still live over there in Newcastle upon Tyne and if needed, would allow us to use their address as our residence until we find out own).

We have lived together for 13 years and got married in July of this year.

We want to move to Edinburgh in 2019 so we are trying to get all our ducks in a row.

I worry that even though he is a UK citizen and I could apply for a Spouse Visa that since he doesn't live there or have a job there that it may cause a problem. We both have jobs here and earn well over the £18,600 requirement but I wasn't sure if that requirement meant he would have to go over there first and get a job.

I work for Amazon.com and would look to transfer to the Edinburgh office but the job type may not be eligible for them to offer sponsorship (ie: Not a high enough position for them to pay to move someone internationally). I may still be able to transfer and just pay for the move myself.

I know one of the considerations is if I'm able to support myself financially. By 2019, I'll have $80,000 (£59,000) in stock vested and and ready to sell. We will be paying for a years rent up front on whatever place we find but we also know we'll probably have to find a short term rental (like AirB&B) while we search for a long term rental.

Another option is me obtaining an EU passport as my great-grandparents are from Hungary and it is a country that offers ancestral citizenship. I'm working on obtaining all of the birth and marriage certificates now to prove relation.

But my main question is about if I can qualify for a Spouse Visa without him having lived in the UK for 25 yrs.

Yes, you can qualify for a spouse visa even though he's lived int he US the last 25 years.  The most common routes are:

Option 1:  UK citizen has earned a minimum of £18,600 in the past 12 months prior to application AND has a UK job offer paying a minimum of £18,600 beginning in the next 3 months

Option 2:  UK citizen AND US applicant have a minimum of £62,500 held for a minimum of six months prior to application that is instantly accessible (can be from the sale of a home).

There are a few less common options with pension income, etc.

Any kids? 

I will add that it's worth getting the Hungarian passport.  HOWEVER, as you don't plan to move until 2019, there won't likely be much to gain.  As I'm sure you are aware that Brexit will end free movement.  If you aren't already in the UK, it's unlikely Brexit will be favorable to EU citizens (those already here should have some options).

Luckily no kids.

Yeah I was thinking about Brexit as well. I guess it depends on how fast it actually happens.

For option 1, when it says "UK citizen has earned a minimum of £18,600 in the past 12 months prior to application" does that mean equivalent to £18,600 (ie: he's working here in the US and makes over $30,000)?    I am assuming so since the next line says "and has a UK job offer" meaning they are not currently living/working in the US.

Luckily no kids.

Yeah I was thinking about Brexit as well. I guess it depends on how fast it actually happens.

For option 1, when it says "UK citizen has earned a minimum of £18,600 in the past 12 months prior to application" does that mean equivalent to £18,600 (ie: he's working here in the US and makes over $30,000)?    I am assuming so since the next line says "and has a UK job offer" meaning they are not currently living/working in the US.

Well Brexit was enacted in March with a two year deadline.  Those already here will get some type of offer.

Option 1 means he has a written offer.  He can still be in the US.  Just has to be a real offer beginning within the next three months.

Yes the equivalent of £18,600 in USD (or £62,500).

I work for Amazon.com and would look to transfer to the Edinburgh office but the job type may not be eligible for them to offer sponsorship (ie: Not a high enough position for them to pay to move someone internationally). I may still be able to transfer and just pay for the move myself.

You would need to earn at least £41,500 for a transfer visa and your sponsor would need to prove that the role can’t be filled by a new UK recruit. That is just for a temporary visa, so you would need to look to switch to a spouse visa to be ablle to settle in the UK.
https://www.gov.uk/tier-2-intracompany-transfer-worker-visa

Well Brexit was enacted in March with a two year deadline.  Those already here will get some type of offer.

IF a trade deal is reached. Lets not forget that the old men of Brussels took about 9 years to get the Canadean deal anywhere near ready; and that was with the UK dragging Brussels along. Nothing is done quickly at Brussels. The EU taking a kicking from the Germans in their elections last week, will make things even slower.

EU laws end on Brexit. Family Permit, Residence Card, PR, are all EU rules.
Those who don't have British citizenship by Brexit day will be need an offer to be able to remain, or will need to be on UK immigration laws.

IF a trade deal is reached. Lets not forget that the old men of Brussels took about 9 years to get the Canadean deal; and that was with the UK dragging and kicking Brussels along. Nothing is done quickly at Brussels.

EU laws end on Brexit. Those who don't have British citizenship by Brexit day will be relying on an offer to be able to remain.

Which is why I don't recommend going the EU route. 

Quick Question: For the Spouse Visa, you have to provide proof of your relationship with things such as photos. We've been together since 2005 but all of our photos are digital. Are they OK with digital photos being printed out with a description of where and when they were taken? Or I can just show them my Facebook page. haha

Quick Question: For the Spouse Visa, you have to provide proof of your relationship with things such as photos. We've been together since 2005 but all of our photos are digital. Are they OK with digital photos being printed out with a description of where and when they were taken? Or I can just show them my Facebook page. haha

You only need 2 photos maximum and no descriptions are needed - they are literally just used to prove you have met in person at least once.

We normally recommend sending one from early in the relationship and one recent photo.

Ideally they should be printed on photo paper, but it should be pretty straightforward to get that done, ether at home with photo paper or print the digital files somewhere like Walmart or Walgreens.

This is how they use the photos when making the visa decision:

Have they included a photo together to show they’ve met?
- Yes
- Tick box.
- Move on to next document.


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So me spending the evening tonight finding of photos of us together since 2005 was unnecessary? hahaha And here I was all excited that I've put together 16 photos so far, almost one from each year together.

OK well thats not bad then. Yeah I've got plenty to choose from including pics from our wedding.

Thanks!

FYI - I found this website which seems to be great. Easy to understand info.

https://migrate.org.uk/spouse-visa-uk-2018/

FYI - I found this website which seems to be great. Easy to understand info.

https://migrate.org.uk/spouse-visa-uk-2018/

Hmm... I’m not even halfway through that page and I’ve already found about 5 instances of incorrect information and bad advice.

For example:
- incorrect IHS fee
- recommending including several photos (not needed)
- recommending third party statements  confirming relationship (cannot be considered)
- recommending sending full chat logs (no chat content should be included and sending everything just makes Sheffield’s job even harder)




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Ah, that site also tell you to buy binders/folders, Post-Its and plastic sleeves, and to print cover pages for your application package. That is a big no-no and again only makes Sheffield’s job even harder. The documents should just be arranged in sensible piles and placed in the packaging as-is.

Great to know! You are a wealth of knowledge.   I am still considering hiring a lawyer to help with it just because I dont want to take any chances of screwing it up or leaving something out. haha But I'm starting to assemble all of this now.

How long after you get your Visa do you have to enter the UK? I feel like I remember reading its something like a month or two?