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Topic: A couple of questions about lots of things  (Read 975 times)

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A couple of questions about lots of things
« on: January 22, 2019, 08:12:00 PM »
I am from the US but have a UK passport (I’m a dual citizen due to my father being born in the UK). I have never lived in the UK as an adult but am planning on moving there when my husband retires in between 4-7 years. I have some questions about the process of getting him a visa. I understand the income requirements with the exception of a few things.
1. My husband will be coming with a US military pension that is over the £18,600 requirement. I know the income has to be mine as a sponsor, but does the fact that his is retirement income make a difference?
2. I work for a US company remotely so I know technically I can’t count that income. However I am a 1099 employee so is that sort of like being self employed? Would that make it count? I know I’d have to have a year of income for self employment. I don’t quite make enough for the income requirement on my own but we should have savings to make up the difference. We do not have enough savings to meet the £62,500 in savings.
3. How long do I need to physically live in The UK before We can apply for his visa? I know I must have an adequate residence in the UK but how long must I physically live there before applying? Meaning how long should I be “established”?
4. Will it be more difficult because I’m a dual citizen?
Thanks in advance for your help. I’m sure I’ll have more questions. There are some I know I’m missing but I just can’t think of them right now.


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Re: A couple of questions about lots of things
« Reply #1 on: January 22, 2019, 08:16:08 PM »
I am from the US but have a UK passport (I’m a dual citizen due to my father being born in the UK). I have never lived in the UK as an adult but am planning on moving there when my husband retires in between 4-7 years. I have some questions about the process of getting him a visa. I understand the income requirements with the exception of a few things.
1. My husband will be coming with a US military pension that is over the £18,600 requirement. I know the income has to be mine as a sponsor, but does the fact that his is retirement income make a difference?
2. I work for a US company remotely so I know technically I can’t count that income. However I am a 1099 employee so is that sort of like being self employed? Would that make it count? I know I’d have to have a year of income for self employment. I don’t quite make enough for the income requirement on my own but we should have savings to make up the difference. We do not have enough savings to meet the £62,500 in savings.
3. How long do I need to physically live in The UK before We can apply for his visa? I know I must have an adequate residence in the UK but how long must I physically live there before applying? Meaning how long should I be “established”?
4. Will it be more difficult because I’m a dual citizen?
Thanks in advance for your help. I’m sure I’ll have more questions. There are some I know I’m missing but I just can’t think of them right now.

Bear in mind that that the visa requirements could change substantially in 4 to 7 years but answering as things stand now,

1-Your husband's retirement income qualifies, you can use that.

2-NA, use his income. Because it is retirement income and thus guaranteed to continue, it is able to be used instead of your income.

3-You can move with him, you just need to have a place to live set up already.

4-Nope!
« Last Edit: January 22, 2019, 08:21:33 PM by larrabee »


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Re: A couple of questions about lots of things
« Reply #2 on: January 22, 2019, 08:21:30 PM »
Bare in mind that that the visa requirements could change substantially in 4 to 7 years but answering as things stand now,

1Your husband's retirement income qualifies, you can use that.

2NA, use his income

3You can move with him, you just need to have a place to live set up already.

4Nope!

I know a lot can change. Hopefully it will be for the better and not make it harder. ;)

I just wanted to be sure I didn’t need to live there for a minimum amount of time. Thought I should start getting my ducks in a row sooner than later. My husband is currently stationed in Germany so we are living here. It would be a much easier move for me to just go from here if I need to live there for a while.

Good to know his retirement income will count. That’s saved us a lot of headache. As long as that doesn’t change.


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Re: A couple of questions about lots of things
« Reply #3 on: January 22, 2019, 08:26:38 PM »
One thing I don’t understand. It says you can apply while your spouse is in the UK already, but if he doesn’t have a visa yet how does that work? Can we apply while he is there visiting? I think I’m missing something there.


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Re: A couple of questions about lots of things
« Reply #4 on: January 22, 2019, 08:32:01 PM »
One thing I don’t understand. It says you can apply while your spouse is in the UK already, but if he doesn’t have a visa yet how does that work? Can we apply while he is there visiting? I think I’m missing something there.

No, you can't apply while he is visiting. For the first visa, the non-UK spouse MUST apply from the country where they are legally resident (for him, this is the US).

The only people who can apply from inside the UK are those who already live in the UK on a different type of visa, such as a work or student visa, and therefore, they are simply switching from that visa type to a spousal visa type. Alternatively, they may already be in the UK on a spousal visa that was issued in the US, and are applying to extend it when it is about to expire.

The webpages actually specifically state you cannot apply as a visitor in the UK:

Quote
When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.
.
.
You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

- you have permission to be in the UK as a visitor
- your visa is for 6 months or less
https://www.gov.uk/uk-family-visa


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Re: A couple of questions about lots of things
« Reply #5 on: January 22, 2019, 08:37:32 PM »
No, you can't apply while he is visiting. For the first visa, the non-UK spouse MUST apply from the country where they are legally resident (for him, this is the US).

The only people who can apply from inside the UK are those who already live in the UK on a different type of visa, such as a work or student visa, and therefore, they are simply switching from that visa type to a spousal visa type. Alternatively, they may already be in the UK on a spousal visa that was issued in the US, and are applying to extend it when it is about to expire.

The webpages actually specifically state you cannot apply as a visitor in the UK:
https://www.gov.uk/uk-family-visa

That makes total sense. I kind of thought that might be it but wasn’t sure I read it right. I’ve been reading a lot and it’s all starting to blur. Thanks so much!


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