English husband moved here, but now we want to move back

Hi everyone, happy to be here! My husband is from England and moved to the US three years ago on a K1 fiancé visa. We have really enjoyed our time in Florida, but have agreed it is time to prepare to move back to England. I know that I can apply for a spouse visa, which is fine. But because my husband is here with me we aren't sure if there is something different we need to do for him. He is still a citizen but is a US resident at the moment.

We also don't know how to meet the financial requirement. Because he doesn't have a job in England (we both have jobs here) he doesn't meet the salary requirements. We are thinking we then need the £18000 just on hand, but the website says if it's an amount over £16000 we need to have it in the bank for six months before we can apply. We also are trying to avoid being separated, since you know, we're married and want to be together

His whole family is over there, so we will have one heck of a support system!

Has anyone had any experience with a similar situation? We did the whole American visa process without a lawyer, but this time it seems more complicated. Thanks!

Does he have a job in the US that meets the income requirement, and how long has he held that job?

Alternatively yes, savings is an option. You do need to have held it for at least six months, and the first £16000 doesn't count, so the total you'd need (assuming no children) is £62,500.

Does he have a job in the US that meets the income requirement, and how long has he held that job?

Alternatively yes, savings is an option. You do need to have held it for at least six months, and the first £16000 doesn't count, so the total you'd need (assuming no children) is £62,500.

Yes, we both have jobs here in the US that meet the requirement, and he has held the job for about 2 years. But I thought I read that the money has to be in an English bank account in order for it to count? Also, can you please elaborate more about the £62,500? I was under the impression the income requirement was just £18,500? Thanks.

There are a few ways to meet the income requirements. Does he earn over the equivalent of £18600 annually in the US? If yes, he can apply for jobs in the UK and when he signs a contract that would earn at least £18600 and start within 3 months you can apply for the spousal visa.

Savings is the easiest if you don't want to potentially be split while a job is obtained. Do you have any savings of £62500 held for 6 months or a home that will be sold with profits of £62500?


The UK doesn't allow 3rd party sponsorship like the US so the support system doesn't matter. It's a tick box visa, you meet the requirements or you don't. And unfortunately the salary and earning potential for the US citizen isn't considered for the initial visa.

 https://www.gov.uk/uk-family-visa/partner-spouse

The detailed guidance linked on the proof of income page lists all possible routes.

Welcome to the forum .

. But because my husband is here with me we aren't sure if there is something different we need to do for him. He is still a citizen but is a US resident at the moment.

There's nothing special you need to do in regards to how you apply. The residency requirement for the UK citizen is that they must be either:
- already living in the UK
or
- moving back to the UK at the same time as you

So, as long as he either travels back to the UK ahead of you or travels with you on the same flight, there won't be a problem. You just can't enter the UK BEFORE he does.

However, he will need to meet the financial requirement in order for you to qualify for the visa.

We also don't know how to meet the financial requirement. Because he doesn't have a job in England (we both have jobs here) he doesn't meet the salary requirements. We are thinking we then need the £18000 just on hand, but the website says if it's an amount over £16000 we need to have it in the bank for six months before we can apply. We also are trying to avoid being separated, since you know, we're married and want to be together

If you want to use Category D: Cash Savings to meet the requirement, you must have held a minimum of £62,500 in savings for at least 6 months before you can apply. This amount comes from the fact that the first £16,000 of savings does not count (because that's the amount in savings that makes a UK citizen ineligible for government benefits), and then you need to show that you have the equivalent £18,600 income per year for the entire 2.5 years of the visa.

So, 16,000 + (2.5 years x £18,600) = £62,500

- You can use money in 401K accounts as long as you are able to access them right away (with or without penalty).
- The money can come from a gift from a family member, as long as the person who gifted it to you provides a letter to confirm that it is a GIFT, not a loan, and will not be repaid.
- However, if the cash savings is from proceeds from the sale of property you own, as long as you owned the property at the beginning of the 6-month period before applying, you do not have to have held it in your account for 6 months.

If you can't meet the cash savings requirement, and you have no other non-employment income (such as rent from property, interest from stocks and shares, child maintenance payments, academic stipends etc.), and no pension income, he will need to find a job in the UK that pays at least £18,600 and starts within 3 months.

He must also show either:

Category A:
- he is CURRENTLY employed in the US, and has been with his employer for 6 months or more, earning at least £18,600 per year for all of that time
AND
- he has a guaranteed job offer in the UK that pays at least £18,600 and starts within 3 months.

Category B:
- he is NOT currently employed in the US, but he HAS earned at least £18,600 in total before tax in the last 12 months
AND
- he has a guaranteed job offer in the UK that pays at least £18,600 and starts within 3 months.

Yes, we both have jobs here in the US that meet the requirement, and he has held the job for about 2 years. But I thought I read that the money has to be in an English bank account in order for it to count?

No, it can be in any account as long as it is a proper financial institution and the account is in either your name, his name, or both your names jointly. No other name can be on the account.

Employment or self-employment income MUST be from the sponsor ONLY (your income cannot count because you do not have the right to work in the UK yet).

However, non-employment income, pension income and cash savings can be from either of you.

Also, can you please elaborate more about the £62,500? I was under the impression the income requirement was just £18,500? Thanks.

The income requirement using annual income (either from employment, non-employment, pension or self-employment) is £18,600 (not £18,500).

However, if you are using cash savings you have to show you can support yourself for the entire length of the visa, which is 2.5 years... so you need 2.5 years worth of £18,600 annual income, which is £46,500... plus £16,000 = £62,500.

Does he have a job in the US that meets the income requirement, and how long has he held that job?

Alternatively yes, savings is an option. You do need to have held it for at least six months, and the first £16000 doesn't count, so the total you'd need (assuming no children) is £62,500.

Hi, yes we both have jobs that meet that requirement. He has had his for 2 years. I guess I am just confused about the £62,500 since I haven't seen that figure anywhere else until now. Thanks

No, it can be in any account as long as it is a proper financial institution and the account is in either your name, his name, or both your names jointly. No other name can be on the account.

Employment or self-employment income MUST be from the sponsor ONLY (your income cannot count because you do not have the right to work in the UK yet).

However, non-employment income, pension income and cash savings can be from either of you.

The income requirement using annual income (either from employment, non-employment, pension or self-employment) is £18,600 (not £18,500).

However, if you are using cash savings you have to show you can support yourself for the entire length of the visa, which is 2.5 years... so you need 2.5 years worth of £18,600 annual income, which is £46,500... plus £16,000 = £62,500.

So basically we won't be able to move back over unless he gets a job? Because right now we could easily prove that kind of income, but he doesn't have a job over there.

So basically we won't be able to move back over unless he gets a job? Because right now we could easily prove that kind of income, but he doesn't have a job over there.

Yes. The UK job is the most important part of the requirement. If he can't get a job in the UK meeting the requirements, and you have no other way to meet the requirement in a different financial category, then you won't be able to qualify for the visa.

All the Categories and requirements are explained in Appendix FM 1.7:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf

Have a look at this.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf

And this.

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

You can see there where ksand24's calculation came from.

If your family can spare the money, they could gift the 62.5kgbp to you but it would have to be a genuine gift and you would still have to hold the full amount for 6 full months.

Yes. The UK job is the most important part of the requirement. If he can't get a job in the UK meeting the requirements, and you have no other way to meet the requirement in a different financial category, then you won't be able to qualify for the visa.

All the Categories and requirements are explained in Appendix FM 1.7:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf [nofollow]

Okay thanks. So if he gets a job while still having his US job and it starts within 3 months, I can apply for the spouse visa and we can fly together? This process is so different than the American one. I have to re-learn everything

Appendix FM 1.7 shows the savings calculation. It works it backwards from how much savings you have and tells you how much UK income he needs to add to the savings to meet the requirement.

I’ve highlighted the part where you have £62,500 in savings, which means he needs no UK income to meet the requirement as the savings covers it all. So it’s saying that £62,500 of savings equates to £18,600 of the annual income requirement, so no more income is needed:




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Appendix FM 1.7 shows the savings calculation. It works it backwards from how much savings you have and tells you how much UK income he needs to add to the savings to meet the requirement.

I’ve highlighted the part where you have £62,500 in savings, which means he needs no UK income to meet the requirement as the savings covers it all. So it’s saying that £62,500 of savings equates to £18,600 of the annual income requirement, so no more income is needed:



Thanks! Yeah, now that you are saying that, it makes total sense. If he gets a job though, we won't need the £62,500 right? We would just need to prove that he has a job in the US and one lined up in the UK, and then I would be good to go to apply for the visa?
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Thanks! Yeah, now that you are saying that, it makes total sense. If he gets a job though, we won't need the £62,500 right? We would just need to prove that he has a job in the US and one lined up in the UK, and then I would be good to go to apply for the visa?

Yes, that's correct.

Cash savings, if you have them, are usually the easiest way to meet the requirement, because you just have to send 6 months of bank statements showing the savings in the account, plus a statement of the source of the savings.

If you don't have the savings though, and you have no other suitable income sources, then if he can secure a UK job offer, and his US job/income meets the requirement, you can apply for the visa.

You'll need to send:

If he is still employed in the US on the date of application:
- 6 months of US payslips
- 6 months of US bank statements showing the payslip deposits
- a letter from his current US employer stating all of the following:
i) current employment and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment
- official job offer letter from UK company and/or signed contract from UK company if he has one yet

If he has left his US job at the time of application (or his US income is variable month-to-month):
- 12 months of US payslips showing total earnings of £18,600 or more before tax
- 12 months of US bank statements showing the deposit of each payslip
- official job offer letter from UK company and/or signed contract from UK company if he has one yet

You will also need to provide evidence of guaranteed UK accommodation:
Either:
- a valid rental agreement in your husband's name and a letter of permission from the landlord that you can live there once your visa is granted
or
- if he owns property in the UK where you can live, his Land Registry document plus latest mortgage statements
or
- if you will live with family or friends to start with (easiest option), a letter from the homeowner giving you permission to live with them and stating the home will not be overcrowded, their Land Registry document, and their latest mortgage statement

The other requirement for the visa is the relationship requirement, for which you need to send:
- marriage certificate
- 1 or 2 photos of you together
- evidence of living together in the US for the last 3 years (tax returns, utility bills etc.)
- evidence of your relationship before he moved to the US (boarding passes from visits, letters/cards, email/message/call logs etc.)

Yes, that's correct.

Cash savings, if you have them, are usually the easiest way to meet the requirement, because you just have to send 6 months of bank statements showing the savings in the account, plus a statement of the source of the savings.

If you don't have the savings though, and you have no other suitable income sources, then if he can secure a UK job offer, and his US job/income meets the requirement, you can apply for the visa.

You'll need to send:

If he is still employed in the US on the date of application:
- 6 months of US payslips
- 6 months of US bank statements showing the payslip deposits
- a letter from his current US employer stating all of the following:
i) current employment and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment
- official job offer letter from UK company and/or signed contract from UK company if he has one yet

If he has left his US job at the time of application (or his US income is variable month-to-month):
- 12 months of US payslips showing total earnings of £18,600 or more before tax
- 12 months of US bank statements showing the deposit of each payslip
- official job offer letter from UK company and/or signed contract from UK company if he has one yet

You will also need to provide evidence of guaranteed UK accommodation:
Either:
- a valid rental agreement in your husband's name and a letter of permission from the landlord that you can live there once your visa is granted
or
- if he owns property in the UK where you can live, his Land Registry document plus latest mortgage statements
or
- if you will live with family or friends to start with (easiest option), a letter from the homeowner giving you permission to live with them and stating the home will not be overcrowded, their Land Registry document, and their latest mortgage statement

The other requirement for the visa is the relationship requirement, for which you need to send:
- marriage certificate
- 1 or 2 photos of you together
- evidence of living together in the US for the last 3 years (tax returns, utility bills etc.)
- evidence of your relationship before he moved to the US (boarding passes from visits, letters/cards, email/message/call logs etc.)

Thanks so much, that is super helpful. We have 6 years worth of evidence, but not many boarding passes. I could maybe use some of the evidence that I sent in for his green card. Is this application entirely online? For his green card, we had to mail everything in and have multiple paper copies. I really appreciate your time!