US Citizen Spouse Visa Financial Requirement

[robinq.pickering]

I have many questions, bear with me please.

My husband is a British citizen, I am a US citizen. We got married in September 2015 in America (three months ago) and I moved to the UK just after our wedding. I'm here on a charity worker visa (tier 5), volunteering for our church that is sponsoring me for one year.

I’m pregnant (we’re due in July), and we’d like to have the baby here in the UK. We would like to switch to the spouse visa process at the most convenient time, probably a couple months after the baby is born. Will the baby be counted as a dependent, thus raising the financial requirement? I’m assuming so.

We’ve wanted to apply for the spouse visa but he makes less than £13,000 annually. So basically it will be impossible for us. Any advice on financial options would be helpful!

If by some miracle we are able to meet the spouse visa requirements…
When my visa is up in October will I have to return to the States to start the visa process over again? Is it possible for us to apply from within the UK while I’m here on my current visa? Or stay on a visitors visa and apply from here?

It’s not much of an income but we have more than enough to live on. We have savings of £20,000. It was a gift from my dad for our wedding so it hasn’t been in our names long, under the six month requirement.

I’m wondering if we can combine the savings with his self-employment income? And because his income was different last year will that make a difference? My husband’s self-employed uni basketball coach and does freelancing in athletic training and refereeing. Probably one third of his earnings are in cash. He wasn’t making the same income last year, less than £10,000 total. I don’t think he documented every cash deposit last year either, not sure if that matters?

Do we need external help for the financials like an accountant?

Any other ways for me and our child to stay with him in the UK other than the spouse visa?

Any advice would be appreciated!

[noajthan]

I have many questions, bear with me please.

My husband is a British citizen, I am a US citizen. We got married in September 2015 in America (three months ago) and I moved to the UK just after our wedding. I'm here on a charity worker visa (tier 5), volunteering for our church that is sponsoring me for one year.

I’m pregnant (we’re due in July), and we’d like to have the baby here in the UK. We would like to switch to the spouse visa process at the most convenient time, probably a couple months after the baby is born. Will the baby be counted as a dependent, thus raising the financial requirement? I’m assuming so.

We’ve wanted to apply for the spouse visa but he makes less than £13,000 annually. So basically it will be impossible for us. Any advice on financial options would be helpful!

If by some miracle we are able to meet the spouse visa requirements…
When my visa is up in October will I have to return to the States to start the visa process over again? Is it possible for us to apply from within the UK while I’m here on my current visa? Or stay on a visitors visa and apply from here?

It’s not much of an income but we have more than enough to live on. We have savings of £20,000. It was a gift from my dad for our wedding so it hasn’t been in our names long, under the six month requirement.

I’m wondering if we can combine the savings with his self-employment income? And because his income was different last year will that make a difference? My husband’s self-employed uni basketball coach and does freelancing in athletic training and refereeing. Probably one third of his earnings are in cash. He wasn’t making the same income last year, less than £10,000 total. I don’t think he documented every cash deposit last year either, not sure if that matters?

Do we need external help for the financials like an accountant?

Any other ways for me and our child to stay with him in the UK other than the spouse visa?

Any advice would be appreciated!

You cannot switch from a visitor visa to another category from within UK.

Regarding spouse visa, you can combine savings with income to juggle the figures.
Other members here are good in that area.

You don't need an accountant (or lawyer) to apply for these visas as long as you are methodical & organised.

Yes, a child will increase the financial requirements for a spouse visa.
Note: There is a hefty health surcharge to pay too.

However the universe moves in mysterious ways and there is another way: it is the Surinder Singh (SS) route.

If you can relocate your joint centre of life to another EU country (eg Eire) and live/work there 'for a while', then on your return to UK hubby will be considered as an EEA national;
(ie by virtue of having exercised treaty rights in another EU country).

You will then be operating under the more liberal (& less financially demanding) EU Regulations and not the UK Immigration Regulations.

That means you will be the dependent family member of an 'EEA national'.
(Hubby retains his British citizenship ofcourse).

Your child does not have to be born in UK (except by choice); as one parent is British your child will be too.

Plenty of information to be found in this forum (and on WWW ofcourse) on the topic of SS if that path may be an option for you.

For example, see http://www.immigrationboards.com/eea-ro ... 38469.html

See also
http://britcits.blogspot.co.uk/search/l ... %20newbies
(disclaimer: I have no connection nor interest with the linked website)

[CR001]

@noajthan, the OP is on a Tier 5 charity worker visa, switching might be possible. If they don't meet the income requirement, FLR(FP) might be another option.

[noajthan]

@noajthan, the OP is on a Tier 5 charity worker visa, switching might be possible. If they don't meet the income requirement, FLR(FP) might be another option.

Well-noted. Good to know the lady has other options.

[jhm3]

By the way, according to Appendix FM (see sections 2.2 and 2.8 at https://www.gov.uk/government/uploads/s ... t_2015.pdf), the increased financial requirement for a child only applies if the child also requires sponsorship and does not apply if the child is a British citizen (as your child will be).