Already married and planning to jump the pond

I have a different situation.... hubby has been in states for 13 yrs, and I AM THE ONE trying to talk him into taking me and the kids to England.

We are older (53 n 47) have two kids which he is adopting. Our son will be 18 when/if we go and daughter 12.

We have both gone back to college to study Geography GIS, and it seems there are a lot of jobs listed with online agencies, much more than in the USA.

I want to move over for the culture and climate. We live in the desert and I won't go outdoors in the summer as it is too bloody hot. So I think England's climate will suit me much better.

We are just looking into the legistics of moving. Anyone have advice? Reasons it will or won't work? Please help!!

The most important thing to me, in your situation, would be to know that at 18, your son would be legally an adult, and would not be allowed to come over with you. He could try for going to school over here, but they are making it difficult for students to stay.

I had assumed he could go on our visa as a dependant adult, since he will still be living at home?

Adult dependents must be unable to care for themselves.

I had assumed he could go on our visa as a dependant adult, since he will still be living at home?

Unfortunately, a dependent adult visa is extremely difficult to qualify for. I don't think I have ever seen one granted here on UK-Y before.

In order to qualify for the dependent adult visa, you would need to prove that your son is:

- Completely financially dependent on you
- He cannot look after himself and requires you to be his 'carer'... i.e. he is incapable of working, or earning his own money, or living alone
- There are no other relatives in the UK who are able to take care of him, meaning you are his only living relative who can do it and if he does not move to the UK with you, he will basically be unable to survive in the US.

If he does not meet all these requirements, then he will either have to stay in the US, or he will have to qualify for a visa in his own right, independent of your visa - either a student visa or a work visa.

One thought: if your husband is adopting him, will that make him entitled to UK citizenship though? I'm not sure about how it works if he is already 18, but I know that my aunt in the US adopted 3 US citizen children when they were babies/toddlers and they now have both UK and US passports.

ksand24, that is a good point. Legally adopting them here in the US may make them dual. Would that mean they don't need to be on my visa? Just apply for passports? How can I find out?

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/adoptedabroad/

Thank you so much. If I am reading this correctly, we can register the children after the adoption (making them available to enter and remain). I can enter as a spouce (since we will be married longer than 4 years at time of application). I can apply for citizenship after three years.

I can enter as a spouce (since we will be married longer than 4 years at time of application). I can apply for citizenship after three years.

Not quite - the spousal visa rules changed last year and there is no longer any special provision for people who have been married for more than 4 years.

It will now take you 5 years to gain permanent residence (instead of immediately) and then you can apply for citizenship after those 5 years (instead of 3 years).

Your visa route will be:

- 2.5 years on a spousal visa

- 2.5 years on a spousal visa extension (FLR(M))

- ILR after 5 years in the UK

- Citizenship once you have ILR and also meet the residency requirement... so although it's still technically 3 years to citizenship, you also have to hold ILR, and you won't be able to qualify for ILR until you have been in the UK for 5 years.

Each visa now has an income requirement, and for the spousal visa in the US, only your husband's income will count. If you can get UK citizenship for both kids, then he will only have to meet the income requirement for a spouse with no kids - which is £18,600 per year. He must have a guaranteed job offer in the UK paying at least £18,600 and starting within 3 months of moving to the UK AND he must also have earned at least £18,600 in the US in the previous 12 months before applying for the visa.

If he hasn't worked in the US in the previous 12 months, or has earned less than that, then he will need to work in the UK job for 6 months before you can apply for your spousal visa. If he does not have a job at all, you will need £62,500 in savings to be able to apply for the visa.

For each visa afterwards, your income will count too, so you just need a combined income of £18,600.

ksand24, that is a good point. Legally adopting them here in the US may make them dual. Would that mean they don't need to be on my visa? Just apply for passports? How can I find out?

I've been googling this and there's this - http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/adoptedabroad/

i.e you can make an application and the HO will decide, however, from colloquial stuff I've googled it looks like if he's over 18 the HO tend to refuse mostly because you're going to hit this - we are satisfied that the adoption was not arranged simply to allow the child's entry into the United Kingdom.


Oh sorry HG, I didn't notice you'd posted as well

I wonder what they will require to be satisfied the adoption was not just to enter the UK? My husband would be fine with staying in the USA. And the adoption has drug on since my son was 16. (we won't be entering for two more years).

The length of time it has taken for the adoption will count as evidence that it wasn't just to facilitate entry. Also showing the length of your relationship and explaining the reasons for adoption will help.

This issue often arises where people have been trying to sponsor a child to come to the UK but haven't been successful so an adoption is completed just to get entry.

Also, looking at the rules for entry as a child .. If a visa is likely to have been granted if the child wasn't British then it appears less likely that the citizenship application isn't just to facilitate entry.

I think if we send in a "registration" application on both kids so they will have dual citizenship it won't be an issue getting the visas. According to the rules I have read, a child adopted by a UK citizen (national, not immigrated)  qualifies for registration. We won't be going over for another year after it is finalized, and we can explain we want to give the children all the options available to them.