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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7816
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am an American citizen married 29 yrs to a British

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Hello,
I am an American citizen married 29 yrs to a British citizen.We have three children all have dual citizenship, two live in London one 5 yrs the other 2 yrs. My wife and I both 59 hope to move to the UK and wondered what the requirements would be regarding my getting a work visa , applying for citizenship, and the amount of savings as opposed to pre-existing employment.
Thank You in advance for your time,Kurt W. Christoffers

HI Kurt,

Thanks for your question.

Do you have cash savings between you in excess of £62500 gbp?

Tom

Customer: replied 6 months ago.
we do have in excess of 62,500 pounds in savings.

Great. Drafting your answer now. 5 mins please.

Tom

Hi Kurt,

Thanks for your question.

You will have to apply from a spouse visa and have it issued to you before you travel.

Obviously, you wife and children can travel here on their UK passports.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The eligibility criteria is here:-
https://www.gov.uk/uk-family-visa/partner-spouse

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 subsisting if 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://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.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 have to produce documentary evidence to the home office proviing your eligibility under the above criteria.

Usually, the difficulty for people in your situation is the financial requirement but if you have sufficient level of savings and are able to evidence this in the way described in the relevant section in the financial guidance then you will meet this requirement.

You will need to apply for settlement (i.e. spouse’s visa) by using form VAF4A Settlement, but the application is actually made online

It is quite a complicated application generally so you should consider instructing a UK immigration solicitor to prepare your evidence and application for you to avoid any possibility that it might be rejected because you forget to submit something. A solicitor should do it for you for in the region of £800-1250 + VAT and it does take the hassle out of it.

You can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Once the visa has been granted you can travel to the UK immediately and start working.

The visa will be granted for a period of 33 months. You will have to apply for further leave to remain at the end of this time and also maintain your savings during this time (or otherwise ensure that the family income is more than £18600 per annum.

You can apply for indefinite leave to remain once you have been here for 5 years on these visas. This is the right to remain permanently in the UK. After that you can apply to be naturalised as a UK citizen and the legibility criteria at the present time is contained on the following page:

https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Hi

Thanks for your question. I will try to help.

You will have to apply from a spouse visa and have it issued to you before you travel.

Obviously, you wife and children can travel here on their UK passports.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The eligibility criteria is here:-
https://www.gov.uk/uk-family-visa/partner-spouse

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 subsisting if 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://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.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 have to produce documentary evidence to the home office proviing your eligibility under the above criteria.

Usually, the difficulty for people in your situation is the financial requirement but if you have sufficient level of savings and are able to evidence this in the way described in the relevant section in the financial guidance then you will meet this requirement.

You will need to apply for settlement (i.e. spouse’s visa) by using form VAF4A Settlement, but the application is actually made online

It is quite a complicated application generally so you should consider instructing a UK immigration solicitor to prepare your evidence and application for you to avoid any possibility that it might be rejected because you forget to submit something. A solicitor should do it for you for in the region of £800-1250 + VAT and it does take the hassle out of it.

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. You will have to apply for further leave to remain at the end of this time and also maintain your savings during this time (or otherwise ensure that the family income is more than £18600 per annum.

You can apply for indefinite leave to remain once you have been here for 5 years on these visas. This is the right to remain permanently in the UK. After that you can apply to be naturalised as a UK citizen and the legibility criteria at the present time is contained on the following page:

https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas and other Immigration Law Specialists are ready to help you