Spouse visa (10 year route)

[daz646]

Hello everyone.

A British citizen here seeking advice about bringing my wife (us citizen) to the UK.

My wife and myself currently living in the USA and would like to return to the UK however it is my understanding that a financial requirement of £18,600 per year is in force which I do not meet especially here in the USA.
I am guessing due to the above requirement not being met the 5 year route is not something we qualify for.

I used to work security and have very good relationship with the company i worked for and they have offered me a job upon returning to the UK and my wife has the same job offer once she has permission to work and gets licensed for the security industry. I'm able to provide written confirmation from my former boss as evidence to support my claim.

I'm not the best at filling in applications and i don't doubt for a second we will go down the immigration lawyer route as I'm nowhere near experienced at this.

I would like to ask if anyone can give any information advice on what they would do and whether it would be worth speaking to an immigration lawyer and go down the 10 year route.

My wife and I have no criminal convictions however, since leaving the UK i found out i had a CCJ filed against me for an internet bill of £226 which was my own stupid fault as i forgot to make payment, i am currently making payments to get the £226 paid off.

I appreciate your time and many thanks in advance.

[CR001]

There is no 10 year route available from outside the UK.

For entry clearance it is the 5 year route and you have to provide evidence that you the sponsor meets the financial requirement. Your wife potentially having a job in UK is irrelevant.

Your CCJ is irrelevant too.

[daz646]

Thankyou CR001 for the quick response. I misunderstood the 10 year route completely and thought I would have some hope. I guess the only way for me to sponsor her would be to go back to the UK and work at my job offer for a little over 6 months and then apply providing I meet the 18,600 per year requirement which I worked out around £1550 per month.

Sorry but I have 1 more question. Are there any other visas available so we can at least be together whilst I am working in the UK?

You have been a great help and very informative.

Thanks again

[Obie]

There is no 10 year route available from outside the UK.

For entry clearance it is the 5 year route and you have to provide evidence that you the sponsor meets the financial requirement. Your wife potentially having a job in UK is irrelevant.

Your CCJ is irrelevant too.

You are right in that this was the position until Statement of changes to the Immigration Rules:HC290, 20 July 2017 came into effect.

However since the 10-08-2017 when GEN 3.1(2) and 3.2(3) was added into the rules, it is no longer the position that a person for an Entry Clearance cannot qualify under a 10 years path to settlement.

This follows the changes that were brought about in consequence of the supreme court ruling in MM(Lebanon).

[CR001]

There is no 10 year route available from outside the UK.

For entry clearance it is the 5 year route and you have to provide evidence that you the sponsor meets the financial requirement. Your wife potentially having a job in UK is irrelevant.

Your CCJ is irrelevant too.

You are right in that this was the position until Statement of changes to the Immigration Rules:HC290, 20 July 2017 came into effect.

However since the 10-08-2017 when GEN 3.1(2) and 3.2(3) was added into the rules, it is no longer the position that a person for an Entry Clearance cannot qualify under a 10 years path to settlement.

This follows the changes that were brought about in consequence of the supreme court ruling in MM(Lebanon).

Thanks Obie, wasn't aware of that and will read the case.

[FXR_1340]

Hello everyone.

A British citizen here seeking advice about bringing my wife (us citizen) to the UK.

My wife and myself currently living in the USA and would like to return to the UK however it is my understanding that a financial requirement of £18,600 per year is in force which I do not meet especially here in the USA.
I am guessing due to the above requirement not being met the 5 year route is not something we qualify for.

I used to work security and have very good relationship with the company i worked for and they have offered me a job upon returning to the UK and my wife has the same job offer once she has permission to work and gets licensed for the security industry. I'm able to provide written confirmation from my former boss as evidence to support my claim.

I'm not the best at filling in applications and i don't doubt for a second we will go down the immigration lawyer route as I'm nowhere near experienced at this.

I would like to ask if anyone can give any information advice on what they would do and whether it would be worth speaking to an immigration lawyer and go down the 10 year route.

My wife and I have no criminal convictions however, since leaving the UK i found out i had a CCJ filed against me for an internet bill of £226 which was my own stupid fault as i forgot to make payment, i am currently making payments to get the £226 paid off.

I appreciate your time and many thanks in advance.

Hi,

My partner (now my wife) were in a very similar position to you. Despite good guidance my partner who is no good at all with computers or forms made an error when she applied for (what she thought) was a fiance visa. She in fact applied for a marriage visitor visa. Different thing entirely in that she could come from the US and we could marry but she then had to leave UK.and return to Jersey. A Fiance visa permits a change of status application while in UK.

Long story short, despite the excellent advice from this forum, if we could turn back the clock we would engage a lawyer. This is due mainly to the lack of computer ability of my wife. In addition, be aware that the availability of official help from UK sources is at best garbage and at worst non existent. Check out the UK website and compare it to official visa websites of US and/or EU.

A lawyer may not be a cheap option but what price is worth being apart from your spouse or the stress of wondering if you are completing the process correctly?

That is just our take on the situation.

Good luck with what ever you decide.