Living in NYC, want to keep options open to return to UK.

[cappedup]

Hello, great board.

I'm a UKC, married to a USC. We were married 3 years ago, and i'm finally getting to the end of the US immigration process. I'm still paying tax in the UK on any income generated there. i work on and off over the year, freelance. My parents address is my official uk address. I live and (try to) work in the US also.

As time moves on and parents-in-law get older we will have to be making a switch from living/working in NY to living working back in the UK. Maybe in about 5 years.

What is our best course of action to allow my US wife to be able to come to the UK and live work full time, with me, one day?

There seems to be a whole bunch of different visas for extended staying. Not one clear path for a spouse. Im sure it is simple, Im just not seeing the wood for the trees.

Any advice would be greatly received. Thanks in advance.

[CR001]

At the moment, the process is applying for a spouse visa on VAF4A. Google the form and the guide and also look on the .gov website by googling spouse visa or settlement visa or joining family in the UK.

There is a financial requirement at present that has to be met.

[Lucapooka]

I don't think it's worth concerning yourself with this, given that you don't intend to move for another five years. The immigration rules change frequently, and five years from now will be different in some way. As long as you have a job or savings in the future, there will be nothing to prevent your wife settling in he UK.

You should take advice on your tax liability as unless it's property rental income or pensions, there is no tax liability on income and gains of individuals who are not ordinarily resident in the UK. Unless you spend more than 90 days per year in the UK, over the three year period, you have no tax liability on income.

[cappedup]

Thanks for the replies.

There is a very good chance that I might earn nothing in the UK between now and the time it comes to move. Most of my freelance work seems to be naturally migrating to the US.

Will there be any penalty, or complication if in 5 years time my wife comes to apply for the VAF4A and I havn't had any financial actions in the Uk at all?

Im asking as at the moment for the last 3 years I have had good earnings in the UK.

Would for instance simply transferring some money to my UK bank account when the time comes suffice? To show we have means of support?

I don't have any property in the UK, or pension. Im 41 years old.

[Wanderer]

Under the current rules if you had no income you'd need to have £62,500 in savings, you you can extrapolate from that that in five years time it's likely to be £100,000 if the whole system hasn't been completely changed, which cannot be discounted.

[physicskate]

Thanks for the replies.

There is a very good chance that I might earn nothing in the UK between now and the time it comes to move. Most of my freelance work seems to be naturally migrating to the US.

Will there be any penalty, or complication if in 5 years time my wife comes to apply for the VAF4A and I havn't had any financial actions in the Uk at all?

Im asking as at the moment for the last 3 years I have had good earnings in the UK.

Would for instance simply transferring some money to my UK bank account when the time comes suffice? To show we have means of support?

I don't have any property in the UK, or pension. Im 41 years old.

Income does not HAVE to be earned in the UK to make the (current) £18,600 requirement. If that is the case, (at present) you would need to have a job offer starting within 3 months return to the UK. Freelance falls under self-employment and lots of people have fallen foul of the self-employment earnings proof requirements.

[Casa]

If you rely on the option of having a job offer starting within 3 months of arrival, you would also have to show that you have been earning the equivalent of £18,600 per annum for the previous 6 months in the US. But as you've been advised, by the time you submit your application the rules will almost certainly have changed and may well be tougher.