Spouse

[suzanne9993]

Hi all. I am a British citizen and have lived outside the UK for 5 years
I am married to an American and we have a child
We are looking to move back to England.
How long do I have to be back in England to be considered settled? And for him to then apply for a family visa?

[CR001]

You would be settled immediately as you are British. Presumably your child is British??

You would not be able to claim benefits initially though as you would be subject to the 3 months habitual residence test.

To sponsor your spouse for a spouse visa, you need 6 months evidence (payslips and bank statements) to prove you meet the £18,600pa financial requirement if you don't have £62,500 in savings.

[suzanne9993]

As a descendant of mine, yes he is British. I am in the process of applying for his UK passport
Thank you for your response!

[suzanne9993]

So although I'd be settled, I'd need to be there 6 months before to earn

[CR001]

You need evidence of meeting the financial requirement and if you don't have the high level of savings, then yes it would mean getting a job earning £18,600pa and wait 6 months before a spouse visa can be applied for.

You will also have to provide evidence of adequate accommodation.

[suzanne9993]

Thanks again. Very helpful!

[suzanne9993]

We have the required amount of savings to apply for spousal visa. I have some questions please;

Does this money have to have been in a UK bank account? It is in a US account currently

If it does have to be in a UK account, does it have to have been in said account for a certain period of time?

[CR001]

Topics merged.

Does this money have to have been in a UK bank account? It is in a US account currently

Any bank account anywhere.

If it does have to be in a UK account, does it have to have been in said account for a certain period of time?

Regardless of where it is, it just have been held for 6 months minimum at the required £62,500 level for the whole 6 months. If the proceed of property sale, then this is not required but full evidence of source of funds and ownership/sale documents etc required.

[suzanne9993]

Yes, the money is a house sale which is very recent

[CR001]

Then you will need all the relevant property and sale documentation to prove where it came from.

[suzanne9993]

Can you apply for a spousal visa from the UK? Or do you have to wait to get approval to enter?

[CR001]

Can you apply for a spousal visa from the UK? Or do you have to wait to get approval to enter?

You cannot apply for a spouse visa within the UK if you are in the UK as a visitor.

You must apply for a spouse visa from your home country and get the visa before traveling to the UK.