US Spouse and UK Citizen stuck in USA -- Please help!

[CrabKitty]

Hi there. This is my first post on the forum, so I apologize in advance if this is not the appropriate section in which to post this and ask any moderators to move the topic if it needs to be so.

I and my spouse of two and a half years live in North Carolina, USA. He is a US Citizen and I, a UK citizen, successfully petitioned for residency based on our marriage. I am the holder of a green card and we are both currently grounded here in the USA. I have lived here with him since we wed with only one two-week visit home for Christmas.

Without going into too many details, we wish to relocate to the UK permanently for the sake of my health and access to UK healthcare, but are having a very hard time finding a route to do so. I am agoraphobic, bipolar and a recluse, and I do not have adequate access to the mental health care I need nor the funds to pay for them; our current insurance requires high "co-pays" on basically everything. I cannot receive help from the state because I am only a resident and not a citizen. Therefore, living here is a detriment to my mental health, culminating in danger to my life at times. Additionally, my spouse is informally my carer and I would not be able to manage my day-to-day living without his support, so I cannot go back home without him.

In terms of a spousal visa, we do not meet the financial requirements. This is because of my current state; I am unable to hold down a job (though not for lack of trying). In addition to this, I also have very little formal education and would find it impossible to gain the baseline level of annual income the visa route asks, so I would have to supplement my wage with savings. In terms of this, we live in a low-income area and my husband does not make enough money at his job to even think of satisfying the £62k requirement without many, many years of saving. This is something that can only be partially remedied with moving within the country due to my inability to contribute. As I mentioned earlier, I cannot claim any benefits in this country because of my resident status, and we have no assets that we can tap into, so our ability to save money is severely limited. I read that if you claim a disability-based benefit in the U.K., it can exempt you from the financial requirement -- except that, despite the fact I qualify for said benefits, you cannot claim it if you have not lived in the U.K. for two of the past three years. This means that I would have to move back to the U.K. without my spouse and remain sick for two years just to become eligible.

I would like to take this route, but I cannot see any possible way to do so.

Alternatively, I looked into a Work Visa route for him. He is an electronics technician, and although he has a moderately skilled job, technicians are not sought after. It is engineers that are wanted. I've had absolutely no luck finding even a single employment opportunity for him based in the U.K.

Finally, I just found out today about the "SS Route": moving to an EU country, hopefully Ireland, and attempting to hold down a job long enough to get a residency card, then moving to the U.K. together. This would be immensely difficult for me in my current state, but I'd be willing to try it if it meant I could go home and get the help I need. Unfortunately, I have now heard that all this business with the EU referendum has all but closed off this route, and my spouse would be sent back home as soon as Brexit finally reaches its climax in a couple of years, since he will not have completed his 5 years by that point and can not transition to permanent resident.

Honestly, I don't know where to turn any more. If you have any advice, encouragement or insight for me, any at all, it would be entirely appreciated. A forum like this one once helped my spouse and I through our visa journey two years ago, and I'd be eternally grateful if help came once again. Thank you.

[Wanderer]

I know it sounds hard for you to try but this is what I'd do;

You return to UK, with 2 or 3 jobs (I know) - a main job, pub job in eves, Saturday job you'll easily top the £1550 a month needed. I know you say you're not in mental state to do that, but I've been in that hole, ended up vegetating and feeling worse, decided I'd try getting out to escape that torment, forced myself and you know, doing that and feeling like I had a plan and means to an end and it wasn't forever, I loved it! My sounds patronsing but I still feel doing and working is more condusive than withdrawing and doing nothing waiting for something.

Six months later if u meet the finance test, send for hubby, he takes up the financial reins and go from there.

SS route is still possible though not for PR, plis UK and Eire seem to be coluding to make it as hard as possible, plus jobs are thin on the ground there. UK is still quite bouyant.

One thing is for sure carrying on as you are is no way forward.

[CrabKitty]

I know it sounds hard for you to try but this is what I'd do;

You return to UK, with 2 or 3 jobs (I know) - a main job, pub job in eves, Saturday job you'll easily top the £1550 a month needed. I know you say you're not in mental state to do that, but I've been in that hole, ended up vegetating and feeling worse, decided I'd try getting out to escape that torment, forced myself and you know, doing that and feeling like I had a plan and means to an end and it wasn't forever, I loved it! My sounds patronsing but I still feel doing and working is more condusive than withdrawing and doing nothing waiting for something.

Six months later if u meet the finance test, send for hubby, he takes up the financial reins and go from there.

SS route is still possible though not for PR, plis UK and Eire seem to be coluding to make it as hard as possible, plus jobs are thin on the ground there. UK is still quite bouyant.

One thing is for sure carrying on as you are is no way forward.

Thanks for your reply, Wanderer, I really appreciate it!

When I say I cannot work, I really mean it. Less than a month ago I was involuntarily admitted to a crisis mental health facility for a week -- which was, incidentally, over four hours drive away from my home, which tells you something about the state of resources in this area. I wasn't kept on at my last job due to having an anxiety attack severe enough that they had to send me home. All of this is, as far as I'm concerned, at least partially a result of living here and not having access to the help I need to recover.

That being said, I will definitely consider what you said. Maybe I can try and build up my strength enough so that I am able to at least attempt working a couple of jobs. If that's the only solution, then it has to happen sooner or later, right?

That being said, I was thinking; about the SS route. I read that on a spousal visa, the spouse's income can count towards the financial requirement if they are currently working within the UK themselves. Would it be viable to go the SS route, enter into the UK as previously described, then have my husband and I both get a job and apply for a spousal visa with both of our incomes meeting the financial requirement? What do you think?

[ohara]

The whole point of the Surinder Singh route is that it effectively allows you to sidestep the UK immigration rules. You and your partner move the centre of your life to an EU memberstate (not the UK), live and work there for a while (normally at least 6 months). Then under EU law, you can both return to the UK.

As you'd be returning to the UK on the EEA migration route, there would be no need for you to obtain a spouse visa and there is no minimum earning threshold for your sponsor. Also, the initial "visa" (EEA family permit) to bring you into the UK is free.

[CrabKitty]

The whole point of the Surinder Singh route is that it effectively allows you to sidestep the UK immigration rules. You and your partner move the centre of your life to an EU memberstate (not the UK), live and work there for a while (normally at least 6 months). Then under EU law, you can both return to the UK.

As you'd be returning to the UK on the EEA migration route, there would be no need for you to obtain a spouse visa and there is no minimum earning threshold for your sponsor. Also, the initial "visa" (EEA family permit) to bring you into the UK is free.

Thank you so much for your reply!

Maybe I misunderstood what I read then; in my research on the SS Route, I found a thread that basically seemed to imply that the SS route is not possible any longer because of the U.K. leaving the EU soon. A user was asking about it, having already migrated to Germany, and was told that they didn't have enough time to complete the route now because it takes five years before the spouse would be eligible to become a permanent resident and two years before the EU union breaks. Honestly, I'm not very good with things like these and it's taken me months to even get to this point; if you could offer any more insight into this, I would be extremely grateful, as we have no real ties to this country except for my spouse's job and so going the SS route would be ideal.

[ohara]

It is true that there is uncertainty about SS at the moment. The government have explicitly stated it is a "loophole" which they intend to close as soon as possible, i.e once we are out of the EU.

There's certainly time to get into the UK, but as you stated it takes 5 years to acquire permanent residence status once you are in the country, and we are presumably set to be out of the EU by then. It is not yet clear what will happen to those on the EEA migration route who have not yet acquired PR by the time we leave, including those in flight on the SS route.

[CrabKitty]

It is true that there is uncertainty about SS at the moment. The government have explicitly stated it is a "loophole" which they intend to close as soon as possible, i.e once we are out of the EU.

There's certainly time to get into the UK, but as you stated it takes 5 years to acquire permanent residence status once you are in the country, and we are presumably set to be out of the EU by then. It is not yet clear what will happen to those on the EEA migration route who have not yet acquired PR by the time we leave, including those in flight on the SS route.

So I guess what you are saying is that it is possible, but there is a long-term risk? A risk that he may be deported after we leave the EU? Are there any general informed opinions on how likely such an outcome is? And is it at all likely that the SS route will be cut off whilst we are spending our six months in Ireland, before the U.K. finally leaves?

[ohara]

So I guess what you are saying is that it is possible, but there is a long-term risk? A risk that he may be deported after we leave the EU? Are there any general informed opinions on how likely such an outcome is? And is it at all likely that the SS route will be cut off whilst we are spending our six months in Ireland, before the U.K. finally leaves?

Pretty much. You only have to watch the news or read the papers (except the Daily Mail or Daily Express) to see how unclear the government's position on EU citizens in the UK still is, despite the referendum being over 4 months ago. Personally I find it disgusting that they would even consider using people as bargaining chips.

The general consensus is that those with PR will almost certainly be safe. The big unknown at the moment is how they will deal with those who are not at that point yet. I highly doubt the government will simply deport everyone the day after we do finally leave the EU, but in the worst case scenario, they may indeed start inviting people to leave the country. Until the government sets out its plans, we simply do not know.

[secret.simon]

That being said, I was thinking; about the SS route. I read that on a spousal visa, the spouse's income can count towards the financial requirement if they are currently working within the UK themselves. Would it be viable to go the SS route, enter into the UK as previously described, then have my husband and I both get a job and apply for a spousal visa with both of our incomes meeting the financial requirement? What do you think?

Sensible plan, provided you can prove that you have moved the center of your life to another EEA state (with proof such as learning the local language, getting local bank accounts, services, etc).

Then once you are back in the UK under the SS route, you will have the time for your spouse to get a job and reapply under the UK Immigration route if it is necessary at that point in time.

[Casa]

That being said, I was thinking; about the SS route. I read that on a spousal visa, the spouse's income can count towards the financial requirement if they are currently working within the UK themselves. Would it be viable to go the SS route, enter into the UK as previously described, then have my husband and I both get a job and apply for a spousal visa with both of our incomes meeting the financial requirement? What do you think?

Sensible plan, provided you can prove that you have moved the center of your life to another EEA state (with proof such as learning the local language, getting local bank accounts, services, etc).

Then once you are back in the UK under the SS route, you will have the time for your spouse to get a job and reapply under the UK Immigration route if it is necessary at that point in time.

Also showing employment as the EU sponsor.

[noajthan]

It is true that there is uncertainty about SS at the moment. The government have explicitly stated it is a "loophole" which they intend to close as soon as possible, i.e once we are out of the EU.

There's certainly time to get into the UK, but as you stated it takes 5 years to acquire permanent residence status once you are in the country, and we are presumably set to be out of the EU by then. It is not yet clear what will happen to those on the EEA migration route who have not yet acquired PR by the time we leave, including those in flight on the SS route.

Just because UK gov calls SS a loophole does not mean it is a loophole.

[physicskate]

And don't forget: using the SS route means the sponsor will need to be exercising treaty rights (working, seeking work, studying full-time) in both the other EU country and upon return to the UK. The only thing it does to help in your situation is get around the financial requirement, not your need to work...

[Casa]

My understanding is that under the SS route there isn't a requirement for the BC sponsor to continue exercising Treaty rights in the UK.

I believe that noajthan can advise further on this.

[physicskate]

My understanding is that under the SS route there isn't a requirement for the BC sponsor to continue exercising Treaty rights in the UK.

I believe that noajthan can advise further on this.

My apologies! I think Casa is right.

HOWEVER, my original point stands - you would still have to work in the EEA country, which is something you say you cannot do.

[noajthan]

My understanding is that under the SS route there isn't a requirement for the BC sponsor to continue exercising Treaty rights in the UK.

I believe that noajthan can advise further on this.

Indeed, as per case law of Eind.

[CrabKitty]

This is the husband of the original poster of this thread; the US Citizen.Thanks everyone for all of your help. I think it's worth mentioning that my wife has told me she is willing to attempt holding a job down for a period of time for the sake of my immigration. It's just not a preferable option as we're both worried she may not fair so well with it in her current state. There are a lot of factors to think about, and all of your advice has been tremendously helpful.
I do have another question though. Is there any chance the SS route could close to us within the next year? The problem is that if we do move countries soon, she won't be here for her reevaluation on her resident status in a few months, and will of course lose her residential status within the US. Meaning if we go that route, there's no turning back. And we really don't want to get stuck wherever we go as our stopgap.

[ohara]

The mechanism which enables the SS route is basically enshrined in EU law. As long as the UK is a member of the EU, it is highly unlikely the route will be closed.

[secret.simon]

The mechanism which enables the SS route is basically enshrined in EU law. As long as the UK is a member of the EU, it is highly unlikely the route will be closed.

The other thing to remember is that for the SS route to work, your UK spouse will need to demonstrate that she has moved the center of her life to the other EEA country. There is therefore a typical expectation (no hard-and-fast rule) that she will have stayed there with you for about six months to a year.

She then needs to return to the UK with you before Brexit. So, factor all of that into your time calculations.

As an aside, the SS route arises from a judgment of the CJEU (Court of Justice of the EU) interpreting the EU treaties. So, the SS route is analogous to a SCOTUS decision on a matter of law. Which is why it is to an extent so imprecise.