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Topic: Need Advice/Help  (Read 361 times)

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Need Advice/Help
« on: August 25, 2009, 05:43:58 PM »
Hello.  New to the forum.  I have been researching visas for the last six months or so since my husband and I have decided to dive into the whole "moving back to the UK" ordeal.  I am so flustered.  Called worldbridge service and they just talk in circles-- couldn't get my questions answered!

My husaband's Scottish and I'm American.  We have been married for 10 years and have three children all born in America.

Our main problem is establishing the necessary documents for settlement visas.  My husband has a job offer (how long will that stand if we have to wait six months to save money for visas and then an additional 3 months for the actual visas); plus we have a house offered for rent through a friend (whose siblings want it sold rather than leased- he can only hold onto it for so long).

Because it will take so long for us to save the money to get visas and then additional time to apply and get them back, we are considering entering on a six month visa and then extend our stay once we are established.  That way, we have the option of returning and we can provide evidence that my husband is capable of sponsoring us in the UK.  Does anyone know if this particular method is okay?


Please help!


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Re: Need Advice/Help
« Reply #1 on: August 25, 2009, 05:51:05 PM »
Your children are most likely eligible for British citizenship. How old are they and was your husband born in the UK?

You need to obtain your entry clearance as a spouse before you enter the UK, however. Coming as a visitor won't wash, I'm afraid.


Re: Need Advice/Help
« Reply #2 on: August 25, 2009, 06:43:58 PM »
If your husband was born in the UK you can apply for UK passports for your children and that should save you about $2,800 in visa fees. It takes about 4 weeks to get the passports.

You must have a visa before you enter the UK as you cannot switch from a visitor to any other visa while in the UK. You can apply for a spousal visa online currently the cost is $995 and if you use a visa expeditor you can have it within about a week, and not MONTHS. You should have good chances of getting a visa even with just a job offer for your husband. All you have to do is show that your family will be able to live without needing public funds.

Here's a site that will help with what is needed for a spousal visa: www.londonelegance.com/transpondia/spouse/

You can find the guidance on the necessary maintenance & accomodation requirements for a spousal visa here: http://www.ukvisas.gov.uk/en/ecg/maintenanceaccommodation#18177479

and general visa requirements q&a here: http://www.ukvisas.gov.uk/en/ecg/settlement/spouses

You can see a paper version of the online application here: http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf4a

How to complete the form here: http://www.ukvisas.gov.uk/resources/en/docs/1903073/VAFguidancenotesvisitors

and a copy of the guidance for spousal applications here: http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners

any questions please ask.


Re: Need Advice/Help
« Reply #3 on: August 25, 2009, 07:29:19 PM »
Can I apply for their UK passports even though they have US passports?  Do I need to register their birth overseas before getting passports? 

I'm trying to see if they qualify for registering their birth overseas. My eight-year-old is the one I have most questions about.  According to the UK Border Agency website, children born after 21 may 2002 can be British by descent if they were born outside the UK or qualifying territory if at least one parent is British.  Maybe I am reading it wrong, but what about my son born 13-Apr-2001, it doesn't seem to include him.

Also, what do you mean about an expeditor?  I live in Oklahoma, so applying in person is almost out of the question!

One of my husband's friends moved his wife overseas several years ago (they came back to US).  He seems to think we need to show thousands of dollars in the bank before they 'll approve us for a visa.  Is this true?  Also, if I register my children as British citizens will they also keep their US citizenship (just in case we decide to return to US).

Sorry for all the questions.  This is just so overwhelming at times!

Thanks for all your help.


Re: Need Advice/Help
« Reply #4 on: August 25, 2009, 07:41:25 PM »
Your children are already British Citizens, they do not need to be registered you just need to apply for their passports:
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoverseas/
Quote

If you were born outside the United Kingdom on or after 1 January 1983
British citizenship may descend to one generation born abroad. So if you were born outside the United Kingdom or qualifying territory and one of your parents was a British citizen otherwise than by descent, you are a British citizen by descent. If you were born before 1 July 2006 you may not qualify if your parents were not married at the time of your birth.

You can be dual citizens. You also could get British Citizenship after 3 years in the UK, there is no law against US citizens becoming dual citizens.

Here's a thread explaining expeditors, you cannot apply in person. They basically take your stuff and take it to the consulate in person and do it for you: http://talk.uk-yankee.com/index.php?topic=53694.0.

In terms of money, having large savings if there is going to be no income coming in is a good idea. But the UK only requires that you be able to support yourselves with your income. So you'd have to take a look at what your husband would be making and what your expenses would be living in the UK, if his income is enough to meet the needs then you should be OK. The UK states that you shouldn't be living on less that what a British Family of your size would be getting on income support which for a couple and 3 kids is (100.95 + 168.33 per week or about £1167/mo plus whatever your accomodation costs are).  

If the income is not sufficient, then you can supplement with savings.
« Last Edit: August 25, 2009, 07:44:03 PM by WebyJ »


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