Questions about the spouse visa process

[McB]

Hi folks,

I am a British citizen by birth, although I have been living in the USA with my American wife (and non-British citizen) since 2008. Our two kids were also born in the USA during this time.

Our family intends to permanently move to the UK next year (summer 2017). I already got some great advice on this forum regarding what I need to do regarding the kids, and I'm so glad I asked because it turns out I was going to start filling out completely unnecessary applications. That got me thinking about my wife's visa application, and I just wanted to check we're on the right track. I also have some queries about the financial requirement aspect of the application.

From my understanding, even though I am not currently settled in the UK, because I am a British citizen my wife will still need to apply to "join family living permanently in the UK." Is that correct? If not, what should she be applying for instead?

Regarding the financial requirements (£18,600 per year if she's applying for herself, £22,400 per year for her and one child, £2,400 per year for each additional child), I was wondering how this is evaluated? I don't foresee either of us having too much difficulty finding employment, but we can't start applying for jobs until much nearer the time. If we're starting the visa process now, we technically can't guarantee that income, however likely it may be. Are there ways around this (e.g. a conditional acceptance of the application until we secure employment, or having a member of my family "sponsor" her)?

Any advice would be greatly appreciated! Thank you.

[Casa]

I'll try to make it easier by 'bullet pointing' the issues.
1. You are correct in your calculation of income if your children aren't registered as British citizens. This is something you should look into.
2. You can only request a visa application to be deferred for up to 3 months and you can't request an application to be 'put on hold'.
3. In order to meet the financial rules (as they stand at present), you would have to show that you have been earning the equivalent of the minimum income level in the US for the 12 month period before submitting the visa application and have a confirmed job offer in the UK to start within 3 months of your arrival, again meeting the minimum income level. That's assuming you don't have savings of £62,000.
4. Alternatively, you could return to the UK ahead of your family and once you have been employed for 6 months and have the evidence to prove your earnings meet the level required, you could then submit the settlement visa application.
5. Third party financial support is not permitted, but family/friends can provide accommodation.
5. Bear in mind that it isn't possible to switch from visitor to settlement from within the UK.

Immigration rules generally change annually, so the requirements may well be different by 2017.

[McB]

I'll try to make it easier by 'bullet pointing' the issues.
1. You are correct in your calculation of income if your children aren't registered as British citizens. This is something you should look into.
2. You can only request a visa application to be deferred for up to 3 months and you can't request an application to be 'put on hold'.
3. In order to meet the financial rules (as they stand at present), you would have to show that you have been earning the equivalent of the minimum income level in the US for the 12 month period before submitting the visa application and have a confirmed job offer in the UK to start within 3 months of your arrival, again meeting the minimum income level. That's assuming you don't have savings of £62,000.
4. Alternatively, you could return to the UK ahead of your family and once you have been employed for 6 months and have the evidence to prove your earnings meet the level required, you could then submit the settlement visa application.
5. Third party financial support is not permitted, but family/friends can provide accommodation.
5. Bear in mind that it isn't possible to switch from visitor to settlement from within the UK.

Immigration rules generally change annually, so the requirements may well be different by 2017.

Thank you for all this. You're very thorough!

Proof of my US income won't be a problem, but it's having the confirmed job offer that's going to be an issue. Do you know how long the whole process for this kind of visa typically takes? I think I saw 12 weeks quoted somewhere, but I don't know if that's accurate in reality. I'm sure there must exist employers that will hire three to four months out, although I imagine those are rare. My wife would actually be likely to have more luck with that because she works in the education field.

[Casa]

12 weeks is realistic, although maybe less for applications submitted in the US. Unfortunately, your wife's employment won't qualify as you're the sponsor and only your income/job offer will be considered.
Bear in mind that once the visa is granted your wife will have to enter the UK within 30 days of the issue date and collect her BRP from a designated Post Office within 10 days of arrival. Failure to do this and the 30 day vignette would have to be reissued in the US, for a fee.
It would be wise to address the right to your children's British citizenship, which would not only reduce the required income level, but would also save considerably on the visa fees and the NHS surcharge which is currently £600 per applicant for the initial 2.5 year period.

[McB]

12 weeks is realistic, although maybe less for applications submitted in the US. Unfortunately, your wife's employment won't qualify as you're the sponsor and only your income/job offer will be considered.
Bear in mind that once the visa is granted your wife will have to enter the UK within 30 days of the issue date and collect her BRP from a designated Post Office within 10 days of arrival. Failure to do this and the 30 day vignette would have to be reissued in the US, for a fee.
It would be wise to address the right to your children's British citizenship, which would not only reduce the required income level, but would also save considerably on the visa fees and the NHS surcharge which is currently £600 per applicant for the initial 2.5 year period.

Again, this is all great info to know. Thank you!

As far as my understanding goes, my kids are automatically British citizens because I am a British citizen. I was advised that I can apply for confirmation of nationality and/or apply for consular birth registrations, which I plan to do well in advance.

[Casa]

Yes, wise not to delay with this as it can take some time.

[McB]

I am UK citizen who is married to a US citizen. We have been living in the States for almost a decade, but we have made the decision the return to the UK to live. My wife is still in the USA, and I have returned to the UK in advance to secure employment and get things set up for her arrival once she obtains her settlement visa. I got here just under a month ago.

My background is in social services, so I have been applying for jobs in that area. Unfortunately, the turnaround time for applications, interviews and background checks is pretty lengthy. However, I am on the verge of a job offer, but the only catch is that it is a temporary contract (until March 2018). It's probably worth mentioning that I had held my previous job in the USA since 2012, and since it was a school-based position I am continuing to get paid throughout the summer holidays. So even though I have left, I am still an employee until the 31st of July, 2017. The salary for this job and for the one I am about to be offered both exceed the financial requirement for my wife's visa.

So what I would like to know is - will the fact that this job is temporary affect the visa application process in any way? I have done quite a bit of research online, and I can't find any evidence to suggest that it will, but I just want to be sure. I am in children & families social work, and the UK has a particularly high demand for qualified workers, so I'm pretty confident about my long-term employment prospects. I just wonder if that will be taken into account? If it helps, I was told during my interview that I wasn't to worry too much about the temporary nature of the position, and there would be ample opportunity to transfer to another position when the contract ends. I'm sure I could obtain a letter from HR that communicates this to the visa reviewing officer.

Anyway, any advice or guidance you have would be greatly appreciated. Thank you in advance!

[vinny]

Posts merged.