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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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. I'm Alex. I am a UK citizen, my wife is a USA citizen.

Resolved Question:

Hello. I'm Alex. I am a UK citizen, my wife is a USA citizen. We live in the US have been married for 6 years. No children.
We are thinking of a move to the UK. We want to enter together and don't want to spend any time apart. ( a couple of weeks is ok but not too much more) i know i would have to be the sponsor. And would need a to get a job making £18,600 pa. or more. Do i also need to have cash savings as well? How much?
I understand i would need a contract of employment before entry. does that have to be with a company or can i be employed by a family member? ie my mother needs care at the moment.
If i get an offer of employment/contract do i have to take the job once we are in the country?
I am currently self employed in the US, and would probably want to do the same thing in the UK.
That's all i can think of at the moment.
Thanks Alex
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
What is your current annual salary in america?
What level of cash savings do you and your spouse have between you please?
Kind regards.
Tom
Customer: replied 2 years ago.

Hi Tom.

My gross annual income for 2014 was around $54,000. no savings in the US

We have about £11,000 in cash savings in the UK.

Thanks Alex

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
I will be able to answer at 10am
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Hi Alex
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The cash savings that you have are unfortunately not above £16000, this means that you would not be able to rely on any element of those savings in meeting the financial requirements.
Therefore, this means that you must rely on income. Generally, people do this from their employment, but I note that you propose that you will also be self-employed in the UK and that you will relocate with your spouse at the same time.
There are two parts to meeting the financial requirement for a sponsor spouse (ie. you) returning to the UK. The first is that you must show that you have earned above the income threshold (£18600 pa). The second is that you must show that either (1) your self-employment is ongoing and will be continuing in the UK or (2) that you have a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of your return.
Of the two, it is easier to show that you have an offer of employment from a UK employer based in the UK. This is because there is less scope for them to dispute your eligibility. Showing that your self-employment is ongoing and will be continuing in the UK is less precise and more open to potential disputes. However, you can proceed on this basis if you wish but I really would recommend that you instruct a solicitor based in the UK if you propose to proceed on the basis of self employment so that they can advise you on supporting evidence, draft your statements and prepare the application in entirety.
If you take a job in the UK then you would be expected to take up that employment, were you to quite after a few months and then focus on your self employment then the home office would probably not find out and you would most likely be fine.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom.

Thanks for the reply and the info, it's very helpful.

If i can get more than $16,000 say $20k in cash savings, would that mean that I meet the requirement? and therefore mean i would not need to have a contract of employment to get us in the country?

Thanks Alex

Expert:  Thomas replied 2 years ago.
Hi Alex,
No. Only a proportion of savings over £16000 (GBP) are permitted to count towards the financial requirement.
If you wished to not rely on any income in the UK then you would have to have savings in excess of £62500 gbp, so I'm afraid that evening savings of $20k are not going to chance the situation drastically.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Tom

Would it be possible to be employed by my mother as a full time care giver? She is unwell and does require help.

Thanks Alex

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
I afraid that this is not possible under the current rules.
Kind regards
Tom
Customer: replied 2 years ago.

OK Thanks for your help.

Kind regards Alex

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