Married 4 years UK Citizen with USA wife want to return home

[jacosia]

Hi, I am just asking on behalf of my Son. He has been living and working in USA for around 5 years and married for four of those to a USA citizen. They would dearly love to return here to UK but will not be able to meet the financial requirements as he has been working there and not here obviously. Other than him returning alone whilst he tries to meet those conditions is there any other way his wife could come with him. Would they qualify under the exceptional circumstances human rights angle, that they are married for 4 years and would be separated? It seems so unfair that he would be expected to be separated from his wife. Thank you.

[CR001]

Other than him returning alone whilst he tries to meet those conditions is there any other way his wife could come with him.

He can use his overseas income if it meets the requirements AND he has a confirmed (genuine) job to start within 3 months of returning to the UK also meeting the financial requirements. He can also use savings, he would need £62,500.

Would they qualify under the exceptional circumstances human rights angle, that they are married for 4 years and would be separated?

No they won't, nothing exceptional or human rights in this scenario. Being separated is a short term issue and many have to do this when applying for a spouse visa.

[secret.simon]

Re the human rights angle, also see this recent post.

The Home Office's viewpoint is that "ECHR Article 8 does not oblige the UK to accept the choice of a couple as to which country they would prefer to reside in....".

And the UK Supreme Court has upheld the Minimum Income Requirement.

If your son has savings of £62,500 in an easily accessible bank account for at least six months, that can be used as an alternative for meeting the income requirement [EDIT: I just saw that CR001 had already suggested this above].

And a six months separation is really not that long in the grand scheme of things, and definitely not long at all in the UK immigration scheme of things.

Besides, absence makes the heart grow fonder.