Other Options?

I have read the new financial guidelines. but I am wondering if there are other options beyond having the required money. It isn't that he couldn't support us, or both of us have jobs, which is our ideal situation. The problem is him being able to find a job with that kind of pay, while living in the US. I'm not saying it is impossible, just a bit more difficult.

Are there any other circumstances, such as needing to take care of an elderly parent, to be able to move without meeting those financial requirements?

At the moment we are only thinking of 'maybe' and not actively planning to move back to the UK.

I know it has been mentioned before, but it just astounds me that UK citizens don't get the same perks as EU nationals do.

There are several ways to meet the financial requirement:

Category A: Employment Income (with employer more than 6 months)
He has been earning £18,600 salary with the same company for at least 6 months and will continue to earn this in the future (either in the UK, or moving from the US to a new branch of the same company in the UK).

Category B: Employment Income (with employer less than 6 months)
He hasn't been earning £18,600 for the last 6 months/hasn't been with his employer for 6 months yet, but HAS earned that amount over the last 12 months from all income (either in the UK or the US). He also currently has a new job paying £18,600 (either already in the UK), or has a job offer in the UK that will be starting within 3 months of moving back (if still in the US)

Category C: Non-Employment Income
Between you, you have an annual income of £18,600 or more from non-employment, which will continue in the UK... for example, income from property you rent out, interest from stocks/shares, child maintenance, university grant etc.

Category D: Cash Savings
If he has no UK income, you need £62,500 in cash savings, held in your bank account(s) for a minimum of 6 months.
If he does have UK income, but it's not £18,600, you can make it up using savings - the first £16,000 don't count, then you need 2.5 times the difference between his UK salary and £18,600 on top of that.

Category E: Pension Income
If you have pension income of £18,600 or more, you can use this

Category F and G: Self-employment Income
He must have earned £18,600 average in self-employment income over the last financial year (F) or last 2 financial years (G), and can prove it will continue in the UK

See the financial requirement document for more info:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf

If your husband is in receipt of certain benefits then you can meet the requirement through adequate maintenance.  Under adequate maintenance you have to have £113.70 left over each week after paying rent and council tax.  There is no set time that he has to be in receipt of these benefits in order to apply but he would need an award letter and at least 1 bank statement showing the money being deposited in his account. 


From FM1.7:

Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:

   Carer’s Allowance.
   Disability Living Allowance.
   Severe Disablement Allowance.
   Industrial Injuries Disablement Benefit.
   Attendance Allowance.
   Personal Independence Payment.
   Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
   Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

From FM1.7:

Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:

   Carer’s Allowance.
   Disability Living Allowance.
   Severe Disablement Allowance.
   Industrial Injuries Disablement Benefit.
   Attendance Allowance.
   Personal Independence Payment.
   Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
   Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

The UK citizen lives in the US, so unless he has been in the UK forces, the only one he could get as soon as he returns to the UK is carers allowance, if he looks after someone with substantial care needs. He would need to look after them for at least 35 hours a week and earn less than £102 per week net.

I know it has been mentioned before, but it just astounds me that UK citizens don't get the same perks as EU nationals do.

The UK can take non-EU dependants to other EU coutries too, while citizens of that EU country have to follow their countries rules to bring in a partner.

In fact, on the back of the McCarthy ruling and the new EU rules this government pushed through, UK citizens now have more rights than other EU citizens when we live in their country and they have less rights when they live in the UK.

And EU citizens need to have health insurance if they don't work in the UK and if they lose their job, they have a time limit to find work to retain free use of the NHS. If a UK citizen loses their job, they can continue to use their own health service for free, no matter how long it takes them to get another job.  

The UK citizen lives in the US, so unless he has been in the UK forces, the only one he could get as soon as he returns to the UK is carers allowance, if he looks after someone with substantial care needs. He would need to look after them for at least 35 hours a week and earn less than £102 per week net.

Yes, I realise that.  She asked if there were any circumstances  which would preclude her from having to meet the financial requirement.  Adequate maintenance precludes you from having to meet the financial requirement.   You can add all all your benefits and any income or savings that you have to come up with £113.70/week.

If this is an option for her, he spouse may have to return ahead of her. 

If this is an option for her, he spouse may have to return ahead of her.  

They changed/are still changing, the welfare rules. For those wanting to claim the  disabled benefits PIP (which replaces DLA) this means they can't arrive in Britain and claim straight away anymore. They now have to have resided in Britain for at least 24 months out of the 36 months before they claim. Then it takes months to even get a date for the first of their medicals and pass that, before being allowed to claim PIP. That's about a 3 year route to be able to sponsor someone if the UK citizen has been living abroad.

That's why I said, The UK citizen lives in the US, so unless he has been in the UK forces, the only one he could get as soon as he returns to the UK is carers allowance.

They changed/are still changing, the welfare rules. For those wanting to claim the  disabled benefits PIP (which replaces DLA) this means they can't arrive in Britain and claim straight away anymore. They now have to have resided in Britain for at least 24 months out of the 36 months before they claim. Then it takes months to even get a date for the first of their medicals and pass that, before being allowed to claim PIP. That's about a 3 year route to be able to sponsor someone if the UK citizen has been living abroad.

That's why I said, The UK citizen lives in the US, so unless he has been in the UK forces, the only one he could get as soon as he returns to the UK is carers allowance.

She asked about taking care of a relative, not about disability benefits.

That is why I pointed out the option of adequate maintenance which includes carer's allowance.

Hubby wouldn't be able to claim any disability. His dad had a stroke about 20 years ago and does require care. When we were in the UK a few years ago, he was his dad's primary carer and I was allowed in. I didn't know if that would still apply since the ruling had changed.

He could step back into caring for him, to ease things for the family, and also find other work up to the amount/hours he is allowed. Ideally, I would work too. That is the plan, should we go back. We are currently only thinking maybe at this stage, since we have decent (but by no means extremely well paid) jobs, my family and a good life here. We do want to go back 'someday' but our recent trip has us both a bit wistful for family and friends there.

We live simply, don't smoke, drink occasionally, and cook good but somewhat thrifty meals, keep our electric and gas bills at moderate to lowish levels, and it seems what is required is far more than we'd need. But I understand why the rules are in place. Well, sort of, when the rest of the world can jump right into benefits, and those of us who don't want them have to have loads of money to prove we won't access them.

Why did you leave the UK? It's easy to fall into the 'grass is greener' trap, particularly when you have been gone for some time and return for a short visit. Romanticizing 'what could have been' is very common.