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Topic: Hi there  (Read 3192 times)

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Hi there
« on: December 01, 2016, 01:31:44 AM »
So hi and stuff.

I'm a US citizen finishing my last year of law school and engaged to be married this summer to a UK citizen with plans to live & work in London. I'm aware of all the lawyer transfer scheme requirements to get licensed in England/Wales.

I have good UK intl tax experts and a good US intl tax expert plugged in already, though I haven't begun to sort all that out yet. Far as that is concerned, I don't have a lot (other than student loans) going on right now, but I will have a substantial income stream coming from a US LLC in which I'm a non-controlling equity holder; and, I will of course have a UH salary, as will my wife to be. She has some investment income as well. So, the system for managing all that is yet to be worked out. I'm well aware of the tax-treaty and that none of this will be simple, but I'm certain we can make it manageable.

I'm ever so slightly aware of the process for a fiancee visa for me going that direction. I'm not absolutely sure if I can get her a green card immediately (as we'd be residing in the UK for the first several years) or that it's even really an issue other the length of the lines at immigration.

Other than that, I'm really interested in figuring out all the seemingly mundane stuff. Get a driver's license done in the first year. Cope with there is no good barbecue in London, British craft beer isn't great, and I can't get spices to make proper mexican food. Plus, I'm not really going to like housing prices.

So yeah, glad I found this place. Looks like there's some good threads to look through. 


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Re: Hi there
« Reply #1 on: December 01, 2016, 06:58:15 AM »
British craft beer isn't great, and I can't get spices to make proper mexican food.

 :o :o :o
I'm just running out the door to go to work, so don't have time to post links, but...
you may want to research this a bit more.


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Re: Hi there
« Reply #2 on: December 01, 2016, 09:02:33 AM »
I'm very confused.  I thought you said you were moving to the UK but then you mention getting her a green card (which is for moving to the US).  Which country are you moving to?

If you are moving to the UK, you'll need to do a spouse visa, as you cannot work while on a fiancé visa (or even volunteer).


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Re: Hi there
« Reply #3 on: December 01, 2016, 09:17:41 AM »
I'm aware of all the lawyer transfer scheme requirements to get licensed in England/Wales.

You may need a wig.
I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC


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Re: Hi there
« Reply #4 on: December 01, 2016, 11:34:57 AM »
Re: craft beer and BBQ

I'm not sure you will think it's good, but we've got tons of craft beer and BBQ.  The beer is good to me, the BBQ usually varies in quality. 


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Re: Hi there
« Reply #5 on: December 01, 2016, 02:35:20 PM »
Some of the beer here is excellent, and some is crappy, just like in the US. I think it depends on the pub you're in - a lot of the corporate ones have the same boring cask ales you find anywhere, but there are plenty that have good local brews.


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Re: Hi there
« Reply #6 on: December 01, 2016, 03:23:07 PM »
Thanks for the replies.

I've been over a lot in the last two years. I feel like I've done the grand tour of the City a few times over in search of good craft beer, bbq, and mexican food - essentially the holy trinity of being from Texas. So far I've been disappointed, but I've enjoyed the quest just the same and it will go on.

I'll skip the wig and have my tailoring done a bit further down the street from Ravenscroft. It's actually really difficult as a lawyer to transfer in as a barrister, versus just taking a couple (hard) tests for solicitor. But, I'm going to be doing something more like intl transactional work for a city firm. I can't imagine any reason I'd be inside a courtroom unless I witnessed a crime or something.

re: Getting her a greencard.

Our plan is to live/work in London for 5-6yrs. After that, I likely need to come back to the US to make partner - it is more lucrative that way & many firms are on a verein structure so it matters. After partner, we'll likely split time.

Initially, the greencard wouldn't serve a huge purpose other than perhaps ease of entry to the US. My fear is, there is an ongoing trend of UK firms acquiring US firms or expanding further into US markets. I could easily see my UK firm telling me to go to a new US office to help integrate or jump start it. I wouldn't want something like that to happen and have her stuck in England waiting on paperwork to join me. We've done enough of the long distance thing and are not keen to do it again after we're married. Really I'd like full freedom of movement/employment for both of us in both places.


re: fiance visa... I'm aware I cannot work on one. Theoretically that should not be an issue. I am taking the July bar in the US so I likely won't be working till after that is done, then we're planning to be married in Aug. If I were to need to start work before the marriage then the firm is well able to sort a work visa. I realize there can be some timing and complexity issues, but I cannot plan for every possible eventuality. We just have to cross those bridges as they come.

My bigger concern of the moment is meeting the financial requirement. She's working a couple internships and some minor freelance work, and not even for six months. Reading the rules, it looks like to meet the requirement from pure savings would necessitate holding 62,500 in savings in her name for six months before we submit the application. I hate to make her do that, but we can if that's what we have to do. It just seems excessive to an 18,600 income requirement.


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Re: Hi there
« Reply #7 on: December 01, 2016, 03:42:25 PM »
For their country, to hold a visa you have to be a resident of that country with limited absences.  So you'll have to pick either the UK path or the US path.

The US path takes about 4 months from start to finish if you are quick with your paperwork and take first available appointments.  You can stretch it to make it take longer but it really can't be done any quicker than about 4 months.

The £62,500 can be from both of you.  You can combine your savings to meet that requirement.  The burden of the employment salary of £18,600 is strictly on her.  If you have property income, dividend income, pension income, etc., that will continue after you move to the UK that can be counted towards the £18,600.  It's only employment income from you that cannot be counted for that initial visa.

The calculation they use is £18,600 (the minimum annual salary required to sponsor a visa) * 2.5 (which is the length of the visa in years) + £16,000 (the amount of savings that prevents one from claiming benefits).


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Re: Hi there
« Reply #8 on: December 01, 2016, 03:45:57 PM »
Hi, thanks for clarifying.
You won't have free movement/access to work in either country until you are both citizens of the others country.
You have to choose one, in this case it looks like you'll move to the UK, then when you have your UK citizenship, you can both move to the US with her on a green card.

For the savings requirement, the 62,500 can be in your name. It doesn't need to be in hers.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf


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Re: Hi there
« Reply #9 on: December 01, 2016, 03:52:35 PM »
If you've never looked into the inner workings of the city of London, it's well worth a look.  The Guardian usually has some good articles .  I'm not talking about general "city " culture, I'm talking about the actual City Of London and the Lord Mayor and all the other dudes with Harry Potter titles that go back 500 years.  I work in between the Brewers guild and the Girdlers and I'm still trying to figure out what's going on.  It's like Monaco dropped in the middle of London.


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Re: Hi there
« Reply #10 on: December 01, 2016, 05:01:30 PM »
I'm clear from reading the rules that it's 62,500. I'm just having a bit of sticker shock is all.

Due to our situation, it does have to come entirely from her. I'm in my last year of law school (so effectively no income) and have the rest tied up in a startup venture (which should be lucrative hopefully by the spring [cause I have to buy a house at outrageous London prices], but it is not at present profitable). So, I am not able to contribute a whole lot. Whereas, she got the proceeds of a trust last month that is intended to be down payment on a house.

We have the funds. It is just painful to pull them out of investments and leave them languishing in a savings account for half a year. I wish there was at least a more productive way to store those funds that would still satisfy the govt that I'm not in danger of needing their support.

As far as citizenship... I'm seeing that ILR is not in fact indefinite. Hmm. I'll have to further consider if I'd like to acquire UK citizenship. My position until now has been not. It isn't really relevant at this juncture to get into why, but I would take a more risk adverse position on the law than some others seem to with this issue. Thanks for making me give it further thought. At least I have a few years to figure that out.

The city is an interesting place. Though she is coming from a well connected family and I have some distant relatives with a title, I am quite sure I'll never truly understand all it.


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Re: Hi there
« Reply #11 on: December 01, 2016, 05:43:43 PM »

We have the funds. It is just painful to pull them out of investments and leave them languishing in a savings account for half a year. I wish there was at least a more productive way to store those funds that would still satisfy the govt that I'm not in danger of needing their support.



You don't have to. As long as you have held the funds for at least 6 months you don't have to liquidate them until just before you apply.
Read 7.4.8 from the document I linked to above and also see here.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Quote
(c) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:

    (i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.
    (ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
    (iii) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.
    (iv) For the purposes of sub-paragraph 11A(c), “investments” includes funds held in an investment account or pension account or fund which does not meet the requirements of paragraphs 11 and 11A(a).
 


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Re: Hi there
« Reply #12 on: December 01, 2016, 05:50:16 PM »
I'm seeing that ILR is not in fact indefinite.

It is indefinite.  :) But the key word is REMAIN.  It's Indefinite Leave to Remain in the UK.  You wouldn't ever need another visa but you would have to abide by the UKVI's ever changing rules.


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Re: Hi there
« Reply #13 on: December 01, 2016, 06:24:07 PM »
I'm clear from reading the rules that it's 62,500. I'm just having a bit of sticker shock is all.

We have the funds. It is just painful to pull them out of investments and leave them languishing in a savings account for half a year. I wish there was at least a more productive way to store those funds that would still satisfy the govt that I'm not in danger of needing their support.



Firstly, Hello Texas2UK from a fellow Texan!

I'm completely with you on that!

My spouse is the UKC and when we plan to move back to the UK, our plan is that he will start up a business from scratch once he's there. So we will need to go through the savings route.

The sticker shock of £62,500 AND it sitting in a crappy savings account for six long months makes me feel yucky. I don't have a 401(k) or trusts and bonds but I own property and businesses. I am not about to liquidate a cash-flowing asset and put the capital gains in a savings account that earns nothing and get hit by tax too. I, too, wish there was another way to prove we are solvent without resorting to that drastic measure. But, it is what it is, I guess. *sigh*

Regarding Mexican food, you can buy dried chiles and corn tortillas at www.coolchile.co.uk They also sell masa harina if you feel the need to make tortillas at home. If I remember correctly, they have a stall at Borough Market these days. Also, if you're around Notting Hill, there's a place called "The Spice Shop" on Blenheim Crescent that sells a large array of dried chiles and spices. It's a bit pricey but seeing that decent Mexican food is hard to find in England (it's even hard to find in Houston!!), it's worth seeking it out.


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Re: Hi there
« Reply #14 on: December 01, 2016, 06:26:57 PM »
You don't have to. As long as you have held the funds for at least 6 months you don't have to liquidate them until just before you apply.
Read 7.4.8 from the document I linked to above and also see here.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Oh thank God! I was dreading how I'd broach the subject over Christmas with my future father-in-law that we'd need to liquidate such a large sum from a trust my fiancee's grandfather left for her to get a house... to assure the govt I wouldn't end up some deadbeat on benefits and unable to support his only daughter.

At 11A on the link.

Thanks so much!!


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