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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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My previous question to you was about my own British citizenship;

Resolved Question:

My previous question to you was about my own British citizenship; happily, you confirmed that my passport allows me to simply relocate to Great Britain if I wish. Now I have a more tricky situation. When I first applied for citizenship, my recollection is that there was some kind of restriction on my husband being able to relocate with me, as a permanent resident of some kind. That was about 25 years ago, and I don't know, now, where I got that information. Can you find out for me if it's true that my husband would not be able to immigrate along with me? Is there some other way he can become a permanent resident, if not as the spouse of someone whose citizenship is derived from her father's being English-born? He will be 65 in May 2016, so is it possible for him to acquire some kind of long-term retirement residence as an ex-pat? On the other hand, he is currently still working, and in good health, and employed by an international ESL school chain, which operates a number of school branches in England (as well as the one in San Francisco where he works now). What are the chances he would be able to get a work permit and permanent residence, if the company were to offer him a new position at one of the English branch schools?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, can you provide more information about your husband. Is he a US citizen? OR WHAT Nationality is he? Do you have any income each year? How much is your annual income? Would your husband have a pension or would he work? What would be his income.
Customer: replied 1 year ago.

Hi, sorry I wasn't more detailed. My husband, Karl Smith, is a US citizen, born in Ohio. (We are legally married, but I did not change my name.) We both have small pensions - he has one from having worked for 10 years as a public school teacher here in California (he collects it now, even though he is still otherwise employed, only retired from the public schools). It is currently $661. I collect Social Security from the U.S. gov't, which deducts over $100 every month for "Medicare". So right now I get $467, but I have found that they will not take out Medicare if I live abroad, so mine will be at least $570, making our combined monthly pension income about $1231. Of course my husband would prefer to work in England (rather than be retired), if permitted. His pay at EC Language School, in San Francisco, is around $2500/mo after taxes. I would expect the salary to be similar in London, where EC has two schools (or at their school in Brighton). My husband has a Master's degree in Teaching of English, earned from University of Southern California, and has been a teacher for 25 years, so he is highly qualified. Our other main source of income, in the absence of salary, would be drawn from the proceeds from the sale of our home, for which we are now beginning to plan. We expect to clear at least $250,000 on that. Most would be invested in our IRAs, to draw interest, but we anticipate taking out about $2500/mo to supplement the $1231, coming to an annual income of around $44,700, or 28,800 British pounds. Would this be livable, within commute distance of London or Brighton? It is about what we live on now, in the San Francisco area, which is one of the most expensive areas in the U.S. Moreover, although I am 67, I am in excellent health, and would also be seeking part-time work, preferably in a museum-type setting, since I have a degree in anthropology, and a college-earned certificate in museum studies. So, one of the key questions is, how difficult would it be for my husband (at age 65) to get a work permit, to work in his chosen field (teaching ESL) in Britain? And what would be the process? Will it make a difference if his employer offers him guaranteed employment at one of their school locations in England? Thank you for asking for additional relevant information. I will watch for your response, and I do understand that there is an 8 hour time difference, and that you probably won't see this till Wed'day. Best regards.

Expert:  Buachaill replied 1 year ago.
1. The first thing to be aware is that it is your income which is the important one, as it is based on your income whether your husband will be able to come and live and work in the UK. Your income must be in excess of £18,600 pounds sterling. So, if you were making an application, you would need to show that your income exceeds this sum. It cannot include income of your husband. Accordingly, you would need to show income in addition to the $570 you get from Social Security each month. An annuity, for instance, that paid you an additional sum each month would suffice, or some other arrangement whereby you earned/obtained additional sums each month would be necessary.2. The second thing to be aware of, is if your husband gets a visa to live in the UK, it will also allow him to work. Here is a link to a webpage which sets out the requirements for himhttps://www.gov.uk/join-family-in-uk/eligibility The form of visa application is "family of a settled person" as you are a UK citizen. Here is a list of the documents you will need to providehttps://www.gov.uk/join-family-in-uk/documents-you-need-to-provide. Be aware that you will need a UK address for the application. Be aware that there will be a health surcharge to be paid. However, this will give access to the NHS for your husband, something which is essential if living in the uK as private medical cover would be prohibitive on your income.
Customer: replied 1 year ago.

Thank you so much for the speedy response, with helpful website links & other relevant info. This seems to be most of what I need. I do have one additional question, though, which I want to be clear on, before we start to look into the practicalities. So far, all your information for me is geared towards my simply bringing my husband in as the spouse of a person who is a citizen. Is this our best strategy? Or, only strategy? In other words, is his getting a visa more likely this way, than through his directly acquiring an in-England job offer from the international language school company which already employs him in California?

Expert:  Buachaill replied 1 year ago.
3. What I have outlined is not the only strategy. Your husband could certainly get what is known as an "inter company transfer" and get into the UK that way. However, then, his visa is dependent upon his status as employee. So, if he got sick for example, he would have to leave.
Expert:  Buachaill replied 1 year ago.
4. Another option would be for him to apply to a job application from the language company. However, in order to offer the job to him, the language school would have to show there was no EU citizen who could do that job. So, unless your husband is teaching a non-EU language, that is a non-starter.
Expert:  Buachaill replied 1 year ago.
5. The reason I have suggested he come in as your spouse/partner is that this allows him to stay there almost indefinitely and also to gain citizenship after three years living in the UK. So, after three years, there would be no more worrying about visas.
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