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Any foreseeable issues?

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seb13
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Any foreseeable issues?

Post by seb13 » Fri Oct 31, 2014 4:30 pm

Hi everyone

I'm just looking from some advice; I've been married to a Cuban for 10 years but we've been living in Miami the whole time- met her there.

I'm British so will we have problems moving to the UK to be closer to my family? We have young US born children and I'd be opening up a business and I'd employ her (same as I do now in Miami).

Any advice would be appreciated.

Seb

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Re: Any foreseeable issues?

Post by Wanderer » Fri Oct 31, 2014 4:44 pm

Do you have £62,500 in savings?
An chéad stad eile Stáisiún Uí Chonghaile....

seb13
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Posts: 4
Joined: Fri Oct 24, 2014 11:46 am

Re: Any foreseeable issues?

Post by seb13 » Fri Oct 31, 2014 5:22 pm

I'll sort of have more than that from selling current businesses but then it'll be eaten up by purchasing the new business...Will that count? It's Barber Shops so I'm selling 2 in Miami and looking to purchase 1 or 2 in UK.

Thank you,
Seb

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Casa
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Re: Any foreseeable issues?

Post by Casa » Fri Oct 31, 2014 5:51 pm

You won't be able to use your savings to purchase a business in the UK as these funds are to support you during the period on a probationary spouse visa.
In order for a spouse settlement visa to succeed without savings you would need to show you have a confirmed job offer starting in the UK within 3 months of arrival, earning a minimum of £18,600 per annum and have been earning the equivalent of £18,600 for at least 6 months in the US. If this isn't possible, you would have to enter before your wife and work for a minimum of 6 months with annual earnings of £18,600. You would also need adequate accommodation available on your family's arrival.
I'm assuming your children have British nationality.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

seb13
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Posts: 4
Joined: Fri Oct 24, 2014 11:46 am

Re: Any foreseeable issues?

Post by seb13 » Fri Oct 31, 2014 6:27 pm

It's so frustrating- i'll have enough funds but it's if they see it that way- i'll have £54k from a house sale but obviously want to use that for a deposit on mortgage here. I already have a house I can move into that's owned by my brother.

After selling house, cars and shops there i'll have around 94k but in order to earn I need to buy a business. Unless i purchase the business before arrival..?

Yes kids have British nationality. I don't like the idea of leaving my wife behind...

Thank you again,
Seb

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Any foreseeable issues?

Post by Wanderer » Fri Oct 31, 2014 6:35 pm

seb13 wrote:It's so frustrating- i'll have enough funds but it's if they see it that way- i'll have £54k from a house sale but obviously want to use that for a deposit on mortgage here. I already have a house I can move into that's owned by my brother.

After selling house, cars and shops there i'll have around 94k but in order to earn I need to buy a business. Unless i purchase the business before arrival..?

Yes kids have British nationality. I don't like the idea of leaving my wife behind...

Thank you again,
Seb
If you purchase a business before arrive bear in mind on self-employed income I think you need to earned £18,600 for 12 months from it, long time to wait.

To be honest I don't about the rules whereby you need to keep the £62,500 savings after you get the visa, perhaps Casa can clarify, surely savings are just that, UKVI can't insist you just sit on it?
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: Any foreseeable issues?

Post by Casa » Fri Oct 31, 2014 7:08 pm

You'd need to be able to meet the same financial condition at the first 2.5 year visa renewal. I believe you can use the savings once you're here, as long as this doesn't leave you short of the qualifying amount at the 2.5 year mark. Wanderer's also right about self-employment earnings needing to cover a 12 month period in order to be considered.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

seb13
Newly Registered
Posts: 4
Joined: Fri Oct 24, 2014 11:46 am

Re: Any foreseeable issues?

Post by seb13 » Tue Nov 04, 2014 12:47 pm

Casa wrote:You'd need to be able to meet the same financial condition at the first 2.5 year visa renewal. I believe you can use the savings once you're here, as long as this doesn't leave you short of the qualifying amount at the 2.5 year mark. Wanderer's also right about self-employment earnings needing to cover a 12 month period in order to be considered.
Thank you for your advice; it's just so annoying! All I want to do is ensure my kids grow up knowing my family- I think it was easier to live in the US!

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