Help! UK Spouse visa question

[Britishgirl1986]

Hello everyone, I just want to get a better understanding of the UK spouse visa so that we can start figuring out what we need to do before we apply
So we're a family of 5 living in the USA, my husband is American and me and our 3 children hold British passports (because I'm a British citizen). In order to get the spouse visa and sponsor my husband do I need to be in the UK already?
Also the £18,600 income can that be combined between both of us or can that just be my husband's income?
How long do we need to be earning that before we can apply?
Also because my children hold British passports they won't need to be listed on my husbands visa application will they?

Thank you in advance for any help you can give on this!

[CR001]

In order to get the spouse visa and sponsor my husband do I need to be in the UK already?

Not necessarily no.

Also the £18,600 income can that be combined between both of us or can that just be my husband's income?

As already stated in your other EEA FP topic, it is ONLY the income of the British citizen that is counted for the first entry clearance spouse visa. You can used combined savings, but not income.

How long do we need to be earning that before we can apply?

Minimum of 6 months.

Also because my children hold British passports they won't need to be listed on my husbands visa application will they?

They are listed as children where the form asks but are not applying for a visa.

[Britishgirl1986]

In order to get the spouse visa and sponsor my husband do I need to be in the UK already?

Not necessarily no.

Also the £18,600 income can that be combined between both of us or can that just be my husband's income?

As already stated in your other EEA FP topic, it is ONLY the income of the British citizen that is counted for the first entry clearance spouse visa. You can used combined savings, but not income.

How long do we need to be earning that before we can apply?

Minimum of 6 months.

Also because my children hold British passports they won't need to be listed on my husbands visa application will they?

They are listed as children where the form asks but are not applying for a visa.

Thank you!
I just read online that it can be combined and then other places it says just the income of the UK citizen so I just wanted to be clear on that because it's so confusing!

So because our children hold British passports it won't raise the amount that I have to earn will it?

So if I'm earning over £18,600 in the US (obviously converted to $) for 6 months we can then apply?
What are the requirements for housing etc before we get to the UK? All my family are over there but I don't think any of them have the house size big enough so that it wouldn't be overcrowding. If we found a place to rent before moving over there would that count?

[CR001]

I just read online that it can be combined and then other places it says just the income of the UK citizen so I just wanted to be clear on that because it's so confusing!

Income can be combined for the extension after 2.5 years and for ILR. You cannot combine salary income for the initial entry clearance visa.

So because our children hold British passports it won't raise the amount that I have to earn will it?

No.

So if I'm earning over £18,600 in the US (obviously converted to $) for 6 months we can then apply?

Yes, BUT you must also prove to UKVI with documentary evidence that your have a job at the same salary level in the UK to start within 3 months of arriving. It must be a genuine job and they do check.

What are the requirements for housing etc before we get to the UK? All my family are over there but I don't think any of them have the house size big enough so that it wouldn't be overcrowding. If we found a place to rent before moving over there would that count?

You need to provide evidence that you have accommodation suitable to accommodate the size of your family and not be overcrowded. There is specific guidance in terms of the Housing Act that HO follow for overcrowding.

[Britishgirl1986]

I just read online that it can be combined and then other places it says just the income of the UK citizen so I just wanted to be clear on that because it's so confusing!

Income can be combined for the extension after 2.5 years and for ILR. You cannot combine salary income for the initial entry clearance visa.

So because our children hold British passports it won't raise the amount that I have to earn will it?

No.

So if I'm earning over £18,600 in the US (obviously converted to $) for 6 months we can then apply?

Yes, BUT you must also prove to UKVI with documentary evidence that your have a job at the same salary level in the UK to start within 3 months of arriving. It must be a genuine job and they do check.

What are the requirements for housing etc before we get to the UK? All my family are over there but I don't think any of them have the house size big enough so that it wouldn't be overcrowding. If we found a place to rent before moving over there would that count?

You need to provide evidence that you have accommodation suitable to accommodate the size of your family and not be overcrowded. There is specific guidance in terms of the Housing Act that HO follow for overcrowding.

Ok thank you for all the information.

It's a shame that my husband's income can't be included, he's always been the earner while I take care of the kids and home. We've been married 8 years it really should be a joint thing He's able to earn more than me but I'll do whatever I have to to be back with my family!

[CR001]

Do you have any savings??

[Britishgirl1986]

Do you have any savings??

No we don't. I wish we did!

[CR001]

Any property that will be sold if you move and profit from sale??

[Britishgirl1986]

Any property that will be sold if you move and profit from sale??

No we have rented homes our whole relationship and at the moment we're staying with my father in-law and his wife.

I'm going to have to look for a job here and work for 6 months and then try and get employed in the UK before I leave. It just seems like getting a job in the UK will be difficult from here. Have you heard of any success stories of people finding work in a different country? I know as an employer I'd probably be hesitant to employ someone who isn't even in the country yet . If my husband's income was considered it would be a whole different ball game because he's a graphic designer and works from home, most of those jobs can be remote.

[CR001]

Have you heard of any success stories of people finding work in a different country? I know as an employer I'd probably be hesitant to employ someone who isn't even in the country yet

Most British spouses return to the UK first, get work and then wait the 6 months to sponsor their partner.

If my husband's income was considered it would be a whole different ball game because he's a graphic designer and works from home, most of those jobs can be remote.

Not possible unfortunately. If he could get a Tier 2 sponsorship and employment with a UK company, he could try apply for a Tier 2 General work visa and then switch to a spouse visa after a few months in the UK. A bit tough to get work sponsorship in the UK these days.

[Britishgirl1986]

Have you heard of any success stories of people finding work in a different country? I know as an employer I'd probably be hesitant to employ someone who isn't even in the country yet

Most British spouses return to the UK first, get work and then wait the 6 months to sponsor their partner.

If my husband's income was considered it would be a whole different ball game because he's a graphic designer and works from home, most of those jobs can be remote.

Not possible unfortunately. If he could get a Tier 2 sponsorship and employment with a UK company, he could try apply for a Tier 2 General work visa and then switch to a spouse visa after a few months in the UK. A bit tough to get work sponsorship in the UK these days.

I think I'm just going to have to go over ahead of time. My husband didn't want me to do that and have to separate especially as I'd be taking the kids with me too. Will mean separation for almost a year.

It's a bit disturbing that in this day and age we have to split up a family in order to move back to my own country. It's like being punished for who you fall in love with.