American Wife/English Husband Residing in the US at Present!

Hello,

I'm Tiffany and I'm new to this whole forum thing, so, here goes:

I'm from Maine, USA and my husband, Matt, is from Suffolk, UK!

We have been married since January, 2015 and after over a year in the US, my husband wants to return to the UK and I eagerly wish to settle in the UK. I love all things English and have always felt I was born in the entirely wrong country (perhaps even century).

We have been researching me applying for a Visa to settle in the UK; however, just about everything I read that answers one question brings about another question.

I am hoping that someone on this page will adopt (for lack of a better term) my cause and help us along the way.

We are looking to move to England in two years time. I have so many questions and concerns regarding how to do it all; from the timing of selling my house and shipping our belongs to which Visa exactly do I need and can I apply for it while in the UK on a the normal six months Holiday Visa?

Any help, feedback, suggestions, and answers are welcome!

Thank you,

Tiffany

Welcome to the forum .

If you're not planning to move back to the UK for another 2 years, then there's not a whole lot you can do just yet, other than learn what visas are available and what things you will need to prepare for.

However, do be aware that the immigration rules and visa requirements may have changed by the time you are ready to move in 2 years' time, so don't assume that everything you read now will still be the same then.

But to answer your questions:

- the visa you will need is a spousal visa. See here for information about how to meet the current requirements for one and how to apply: https://www.gov.uk/join-family-in-uk/overview

- you cannot apply for a spousal visa (or any other kind of visa) while you are in the UK as a visitor. You must apply for it from the US before you move to the UK.

Under the current spousal visa rules you must meet these 3 main requirements:

- minimum income/financial requirement, which can be met under one of 7 financial categories. Normally it will be your husband's UK income that is used to meet the requirement (so it's likely he will need to secure a UK job before you can apply for the visa). The categories are listed here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

- evidence of suitable accommodation to live in in the UK

- proof of a genuine and subsisting relationship

Thank you for the quick response!

That's really good information.

The visa you listed is exactly the one I've been reading about today on gov.uk. So, thank you for confirming that!

This is why I was wondering if I could move there with him at the same time and remain there for the six months on the normal Visitor Visa and apply while in the UK. I hate the thought of being apart again.

Do you know of any way at all to get this done without us having to be apart for a lengthy amount of time?

Thanks again!

This is why I was wondering if I could move there with him at the same time and remain there for the six months on the normal Visitor Visa and apply while in the UK. I hate the thought of being apart again.

You could go to the UK as a visitor, but you would have to return to the US to actually apply for the spousal visa.

Do you know of any way at all to get this done without us having to be apart for a lengthy amount of time?

Yes, there are several ways, but it depends on your financial situation as to whether they would work for you.

You can apply while you are both in the US without being separated at all, in the following circumstances:

1) Category A
- He has a UK job offer, paying at least £18,600 per year and starting within 3 months of moving back to the UK
AND
- He has been with his US company, earning at least £18,600 per year for at least 6 months and is still employed by them at the time of submitting the application

2) Category B:
- He has a UK job offer, paying at least £18,600 per year and starting within 3 months of moving back to the UK
AND
- He has also earned at least £18,600 in the US (from any job) in the 12 months prior to submitting the application

3) Category C: Non-Employment Income
- Between you, you have non-employment income of at least £18,600 per year in the US that is guaranteed to continue in the UK (i.e. rental income from property you own, interest from stocks and shares)

4) Category D: Cash Savings
- Between you, you have at least £62,500 in savings, which have been held in your account(s) in full for at least 6 months
- If the £62,500 is cash funds from the sale of property, and you owned that property for at least 6 months before it sold, then the money does not have to have been in your accounts for the 6 months

5) Category E: Pension Income
- you have at least £18,600 in pension income that will continue to be paid to you once you have moved to the UK

6) Category F/G: Self-employment income
- your husband has self-employment income of at least £18,600 over the last financial year (or an average of £18,600 over the last 2 financial years) and that self-employment income is guaranteed to continue at that level in the UK

Thank you! That is definitely helpful!

I can't help you much because I'm in the same boat but the one thing I can say is document as much as you can in terms of your plans as my husband and I are having issues proving our marriage is a "real" relationship. Keep yourself organized so when you go to do the application you are ready.

That being said, it's cool to see another person from New England on here! I'm from ME/NH!

Welcome to the forum!

There are a handful of New Englanders here; I grew up in CT, and lived in MA before moving to the UK.    I know it's strange, but I actually miss Nor'Easters.

I don't think I'll miss the snow as crazy as that may sound! But who knows? Thank you for welcoming me!
Another question I thought of; will our marriage certificate that was issued in Maine be considered valid in England?

Another question I thought of; will our marriage certificate that was issued in Maine be considered valid in England?

Yes, it will .

Thank you!