How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I am a uk Citizen who has lived in the in the USA with my husband who is american

Resolved Question:

Hi I am a uk Citizen who has lived in the in the USA with my husband who is american for over 14yrs now.
We have 2 children. We want to relocate to live in the UK and be beside my family!
I am a stay at home mother and my husband is a police officer.
What would we need to achieve this goal?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Where and when were you born please?
Where and when were your children born?
What level or cash savings do you and your husband have between you?
Kind regards
Tom
Customer: replied 1 year ago.
I was born in London, both my children were born in California 5 and 8 years ago and as far as saving,s our money is invested primarily in the house and my husbands retirement fund. Pending time element of immigration process, we will liquid assets and rent smaller accommodations to bring over more capital. We just wanted to know exactly what we need and the processes that we have to follow.
Expert:  Thomas replied 1 year ago.
Hi,
Thanks.
Were your parents also britis?
Once you have liquidated your property, will you have more than £62500 in cash?
It is for the financial requirement.
Tom
Customer: replied 1 year ago.
Yes, both my parents are Brits. They are divorced now but my mother remarried.
We hope to have the money (more or less). Will we need to have the cash before we even start the procedure?
Will my husband's deferred comp count as well or will he need to cash that out?
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you were born in the UK to UK parents then you are a uk citizen “otherwise than by descent”. This means that you can pass your uk citizenship on to your children if they are born outside the UK. On this basis you can apply for your children’s UK passport and should do so now so that they do not have to be included in the application.
He will have to apply from a spouse visa.
The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the Home Office documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.
If you have not worked and earned more than £18600 GBP per annum in the last 12 months, then you would have to rely on cash savings in order to meet the financial requirement. If you sell your property and hold £62500 in cash before you apply then provided you evidence that this money was realised from equity in your property then you would meet the requirement and he can apply.
Only cash savings which you have held for 6 months can be counted towards meeting the financial requirement (except in the case where cash savings were previously invested in a property – as yours would be).
He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online
You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
The visa will be granted for a period of 33 months. He will have to apply for further leave to remain at the end of this time. He can apply for indefinite leave to remain once he has been here for 5 years. After that he can apply to be naturalised as a UK citizen.
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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    832
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    118
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm
 
 
 

Related Immigration Law Questions