Returning to the UK - with American Spouse & Children

[hn]

Hello,

Background:-
My sister is British, she married an US citizen and moved over to America about 13 years ago. They have 2 children. They are now looking to move back to the UK to be closer to family.

In the US they both work, and will look for work when they come back to the UK.

Challenges:-
I hope someone could help me with some advice on what would be the best route to apply.

Sister:- She still a British Citizen and still has a valid British Passport, so she should have no problem to settle in the UK

Children:- They have US Passport -
1) It is possible for them to apply for a British Passport?
2) Would it be possible to do outside of the UK?
3) How long would it normally take?

My Sister's Husband:- He has a US Passport, he should be able to find work in the UK. Should he apply for a 1) Spouse Visa or a 2)Working Visa

1) Spouse Visa - I had quick look at the Spouse Visa, but got a bit confused about the financial requirement. Of course my sister doesn't have a job in the UK (as she has not lived in the UK for 13 years) so she doesn't have an UK annual income right now. Is it possible to have saving to substitute for the lack of income, and if so how much?

2) Work Visa - My Brother-in-Law (BIL) has looked online, and while there are jobs he is suitable for, most companies don't want to bother with Sponsoring a Work Visa. What is the requirement/challenges for him to travel to the UK on tourist visa and then apply for a Work Visa?

My sister and her family have been away from the UK for so long, and we so dearly want them to be close to us (especially with young children), we hope to help them with the process for the smoothest (as possible) transition to reduce the stress for the children.

Any help or advice anyone can give would be most appreciated. Many thanks in advance.

[noajthan]

Hello,

...

Children:- They have US Passport -
1) It is possible for them to apply for a British Passport?
2) Would it be possible to do outside of the UK?
3) How long would it normally take?

My Sister's Husband:- He has a US Passport, he should be able to find work in the UK. Should he apply for a 1) Spouse Visa or a 2)Working Visa

1) Spouse Visa - I had quick look at the Spouse Visa, but got a bit confused about the financial requirement. Of course my sister doesn't have a job in the UK (as she has not lived in the UK for 13 years) so she doesn't have an UK annual income right now. Is it possible to have saving to substitute for the lack of income, and if so how much?

2) Work Visa - My Brother-in-Law (BIL) has looked online, and while there are jobs he is suitable for, most companies don't want to bother with Sponsoring a Work Visa. What is the requirement/challenges for him to travel to the UK on tourist visa and then apply for a Work Visa?

...

Any help or advice anyone can give would be most appreciated. Many thanks in advance.

1) Yes, if mom is British other than by descent (eg UK-born or naturalised as British citizen).

If mom is British by descent there are options to register minors as citizens.

2) Yes.

3) Check here:
https://www.gov.uk/overseas-passports

1) Yes, savings: 60K or so from memory. Check Gov UK website.

2) UK employees do sponsor '000s of people. Skills/qualifications needed.

Check Tier 2 sponsor list. RLMT will be required.

Bro cannot switch from visit visa.
Sort visa out upfront. Best bet is probably spouse visa.

[Casa]

Hello,

Background:-
My sister is British, she married an US citizen and moved over to America about 13 years ago. They have 2 children. They are now looking to move back to the UK to be closer to family.

In the US they both work, and will look for work when they come back to the UK.

Challenges:-
I hope someone could help me with some advice on what would be the best route to apply.

Sister:- She still a British Citizen and still has a valid British Passport, so she should have no problem to settle in the UK

Children:- They have US Passport -
1) It is possible for them to apply for a British Passport? Yes, depending how your sister gained British citizenship
2) Would it be possible to do outside of the UK? Yes
3) How long would it normally take? All British passport applications are now processed in the UK and can take several months.

My Sister's Husband:- He has a US Passport, he should be able to find work in the UK. Should he apply for a 1) Spouse Visa or a 2)Working Visa
If your brother-in-law can find a Tier 2 sponsor he could apply for a PBS visa. Otherwise, a spouse settlement visa.

1) Spouse Visa - I had quick look at the Spouse Visa, but got a bit confused about the financial requirement. Of course my sister doesn't have a job in the UK (as she has not lived in the UK for 13 years) so she doesn't have an UK annual income right now. Is it possible to have saving to substitute for the lack of income, and if so how much? If your sister can show earnings in the US equivalent to £18,600 p.a for the 12 months period prior to submitting her husbands spouse settlement application and has a confirmed job offer in the UK to start within 3 months of arrival, again meeting the £18,600 p,a annum income level, your brother-in-law can enter the UK at the same time as your sister.
If not, she will have to find employment paying £18,600 p.a and can only apply for the spouse settlement visa after 6 months, with the pay slips & corresponding bank statements to support this. Without any earned income, they would need to have held £62,500 savings in an accessible bank account for 6 months. Savings can be joint.

2) Work Visa - My Brother-in-Law (BIL) has looked online, and while there are jobs he is suitable for, most companies don't want to bother with Sponsoring a Work Visa. What is the requirement/challenges for him to travel to the UK on tourist visa and then apply for a Work Visa? He will be unable to switch to any other category of visa from within the UK. This is the current register of approved sponsors.
https://www.gov.uk/government/uploads/s ... onsors.pdf

My sister and her family have been away from the UK for so long, and we so dearly want them to be close to us (especially with young children), we hope to help them with the process for the smoothest (as possible) transition to reduce the stress for the children.

Any help or advice anyone can give would be most appreciated. Many thanks in advance.

Edit: Beaten by noajthan

[noajthan]

Hello,

...

Edit: Beaten by noajthan

... and you filled in the gaps Casa.

[hn]

Woh, thank you to you both very much.

In regarding the the saving, does this need to be in a UK account (under my sister name) or can it be in their American bank account?

[Casa]

The £62,500 can be in a US account, but the savings must be accessible and held for at least 6 months in either names or jointly. The Entry Clearance Officer is likely to want to see their origin.

[noajthan]

Woh, thank you to you both very much.

In regarding the the saving, does this need to be in a UK account (under my sister name) or can it be in their American bank account?

Worth noting the income requirement is higher if children are not British.

Partner with no children – £18,600.
1 child in addition to the partner – £22,400.
2 children in addition to the partner – £24,800.
3 children in addition to the partner – £27,200.

Account just needs to be under sponsor(/spouse)'s control.

[hn]

May I ask, if the children were to obtain their British Passport before moving, would the Income requirement be £18,600 or £24,800

In regards to income shortfall and saving, this is what I have worked out so far (please correct me if I'm wrong).

Let's use £18,600 as example for this formula
Basic Saving Starts at £16,000

Example: Income is £9,000 then saving need to be £40,000
£18,600 - £9,000 = £9,600
(£9,600 x 2.5) + £16,000 = £40,000

Again, thank you both for your help.

[noajthan]

May I ask, if the children were to obtain their British Passport before moving, would the Income requirement be £18,600 or £24,800

...

No income supplement needed for British children.

[Casa]

May I ask, if the children were to obtain their British Passport before moving, would the Income requirement be £18,600 or £24,800

In regards to income shortfall and saving, this is what I have worked out so far (please correct me if I'm wrong).

Let's use £18,600 as example for this formula
Basic Saving Starts at £16,000

Example: Income is £9,000 then saving need to be £40,000
£18,600 - £9,000 = £9,600
(£9,600 x 2.5) + £16,000 = £40,000

Again, thank you both for your help.

Correct. What would the source of the £9,000 annual income be?

[hn]

Right now my Brother-in-Law generate the main part of the income, however my sister does work part time so she does have a wage. The £9,000 was just an example/guesstimate of how much my sister might earn in America.

[Casa]

The use of US earnings will only qualify if your sister has a confirmed job offer in the UK to start within 3 months of arrival, again meeting the required income + savings. Also the US income must cover 12 months of employment.
The UK job offer needs to be confirmed in writing by the employer before the spouse settlement visa application is submitted. Your BIL's US earnings won't qualify..only savings are considered.

[hn]

Hi everyone,

My brother in law (US citizen) has filled out the Spouse Settlement Visa form online, and currently filling out the Appendix 2 (Financial requirement) VAF 4A. There is a question 1.28 on VAF 4A form that we are not sure how to answer correctly.

1.27 Does your sponsor (my sister) have any children?
Yes, they have 2 children under age of 11. The details of the children are given. However, both children have British passports.

1.28 Is your sponsor responsible for supporting anyone financially including any children listed above?
I know that because the children are British nationals, they do not count into the financial requirement. Is the answer 'No'? Because in reality, my sister and brother in law are responsible for supporting the children financially.

Hope you can help us with this and get the application form completed. Thank you.