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Topic: Ways for my spouse to be with me while we wait?  (Read 1246 times)

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Ways for my spouse to be with me while we wait?
« on: October 05, 2020, 02:41:03 PM »
I am a British Expat currently living in the USA with my wife of almost 20 years, she is a US Citizen, I am a dual Citizen of the US and UK, UK born. We have one child 12 who is also a US and UK Citizen.

I now want to return to the UK to take care of my aging parents and am looking for general guidance on getting my wife the correct visa.

I believe the right category of visa for my wife would be a spouse visa and that we would need to meet the income and accommodation requirements for this.

I understand that the income requirements state six months of paychecks from a UK employer or adequate savings sitting in a UK bank account for six month, given this it sounds like I need to go establish myself alone for six months before we can apply and have her come here.

Is this true and is there a way my wife can come join me sooner for those first six months on a visitor visa, understanding she may have to go back to the US to apply for the final spouse visa? Thoughts?



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Re: Ways for my spouse to be with me while we wait?
« Reply #1 on: October 05, 2020, 02:55:17 PM »
Do you have savings of £62,500 (it can be in the form of a 401k if it'd be immediately available if needed, there are definitions in the guidance). Or will you be selling a primary residence that you've lived in for more than 6 months w/ proceeds of the sale meeting that £62,500 amount?

Savings is the easiest route to move on and you wouldn't need to be separated at all.

If you have earned £18,600 in the US for the previous 6 or 12 months and have a job offer/contract signed for more than £18,600 in the UK starting within 3 months of your application that can also work, but with current wait times there may be a small separation while the visas process.

This is the detailed guidance, you'll be most interested in the examples for Category A & B for a person residing outside the UK and the Category D cash savings:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf
« Last Edit: October 05, 2020, 04:34:04 PM by margo »


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Re: Ways for my spouse to be with me while we wait?
« Reply #2 on: October 05, 2020, 04:19:30 PM »
Do you have savings of £62,500 (it can be in the form of a 401k if it'd be immediately available if needed, there are definitions in the guidance). Or will you be selling a primary residence that you've lived in for more than 6 months w/ proceeds of the sale meeting that £62,500 amount?

Savings is the easiest route to move on and you wouldn't need to be separated at all.

If you have earned £16,800 in the US for the previous 6 or 12 months and have a job offer/contract signed for more than £16,800 in the UK starting within 3 months of your application that can also work, but with current wait times there may be a small separation while the visas process.

This is the detailed guidance, you'll be most interested in the examples for Category A & B for a person residing outside the UK and the Category D cash savings:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf


The requirement is £18,600.


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Re: Ways for my spouse to be with me while we wait?
« Reply #3 on: October 05, 2020, 04:34:41 PM »
The requirement is £18,600.
Apologies, dyslexic. Corrected!


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Re: Ways for my spouse to be with me while we wait?
« Reply #4 on: October 06, 2020, 03:03:06 PM »
I understand that the income requirements state six months of paychecks from a UK employer or adequate savings sitting in a UK bank account for six month, given this it sounds like I need to go establish myself alone for six months before we can apply and have her come here.


Savings can be in an account outside of the UK.  We used a US account for our spouse visa.  You have to be sure there's enough in the account to allow for exchange rate fluctuations.  The requirements for the account are (from page 46 in the link provided in the first response):

• the bank/savings account is a current, deposit or investment account
• the account is held is a financial institution regulated by the appropriate
regulatory body for the country in which that institution is operating
• the financial institution is not on the list of excluded institutions under the
Immigration Rules
• regular bank statements are provided
• the statements cover the necessary time period required in the Immigration
Rules
• the savings are held in cash (or their cash value is clear)
• the savings can be immediately withdrawn (with or without penalty)
• the funds are under the control of the person and/or their partner for the
necessary time period required in the Immigration Rules
• the source of the funds is legal
• the source of the funds has been declared


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