Marriage Visa's financial requirment

[bluedude588]

So my girlfriend and I have been dating for a while, and we have been living in the United States. She was born in England however and is a citizen there. We would both like to move back there, but the financial requirement of the marriage visa is holding us back. Are there any special rules to couples that have been living elsewhere who want to come back to England?

[Casa]

There's no special concession. Is your girlfriend currently employed in the US and earning the equivalent of £18,600 per annum?

[bluedude588]

Its just so frustrating, she would have to leave me to get a job there before we could even apply if I understand correctly.

[Casa]

If she is currently earning in the US the equivalent of £18,600 per annum (which you haven't answered) you could apply for a spouse visa and both move to the UK if she has a written job offer to start within 3 months of your arrival. This is assuming you intend to marry. You'd have to meet all the other conditions, including submitting evidence that you have suitable accommodation available on your arrival.

[bluedude588]

We are currently in college so our income is limited. After college we would hopefully be making that much, could we combine our earnings, or would it have to be only hers?

[Casa]

Only hers.

[bluedude588]

Ok thanks, I suppose it is a bit reassuring that it is at least possible for us to move there. If not for a couple years.

[MPH80]

Keep in mind rules change.

These financial rules were brought in in July 2012 and are currently undergoing a court challenge which is likely to continue for sometime (We're in the high court right now - and there's an inevitable appeal to the supreme court and then possibly Strasbourg) .

That may mean the situation is improved or worsened by the time you come to apply - it's impossible to know which - but the government continues to come under fire for missing it's target of net migration being in the tens of thousands.

[bluedude588]

That's what we have been hoping for, as we still have a few years left. I really hope the rules change for the better, immigration in both England and America right now seems to be a bit crazy.

[Tier 4]

Only hers.

Is it not possible if a person applying on FLR (M) can add her / his own wages as well with her spouse income to meet-up £ 18600 income threshold?

[MPH80]

If applying in country for FLR(M) yes. However, this individual would be making an out of country application - in which case only the sponsor's income counts.

[Tier 4]

If applying in country for FLR(M) yes. However, this individual would be making an out of country application - in which case only the sponsor's income counts.

Thanks, however my spouse is living with me since August 2011 in UK, first as tier 4 dependent and then tier 1 PsW dep , she receives some income from her online IT job. Therefore can she add this amount with my wages to meet up income threshold for in country FLR (M) application?

[MPH80]

Providing it's all fully declared to HMRC - yes.