Married to UK Citizen, but he's not a UK resident

[RainyDayRun]

My husband just recieved British citizenship by descent. We both currently live in the US, and he has never lived in the UK as a citizen (he was a student there, before they changed the rules about citizenship by descent).

We hope to move to the UK in the next couple years, but I can't figure out which visa I should apply for. The spouse visa looks like it's only for those whose partners currently live in the UK. We have been married for 10 years, living together in the US the whole time. We also will need visas for our minor children.

Thanks!

[MPH80]

Spouse visa is correct - it's for the spouses of people who are residing in the UK or who are accompanying the spouse on their journey to the UK.

Note the financial requirements will require your spouse to have a confirmed job starting in the UK within 3 months which earns over the financial threshold - which will be higher thanks to the kids.

The kids go through the same process.

[RainyDayRun]

Ah, perfect, thank you!

Yes, we're aware of those pesky financial requirements! My husband has started the job search, and, forunately, his salary alone should bring in over the minimum requirement. Plus, it seems that my qualifications as a teacher are portable, so we're cautiously optimistic that we'll be okay in that area.

So glad I've found a forum that will help ease the transition!

[MPH80]

Be aware that on the initial application only HIS income is going to be taken into account.

[Pragmatist]

I am in a similar situation. My husband has been offered a job in the UK (which exceeds the minimum income threshold). I am finding the immigration information for the UK very confusing! Even more confusing than the Australian information (which I've spent the last 6 years dealing with until I got my citizenship here). I have four related questions about this situation:

1. My husband has a British passport (British by descent). It says he's a British citizen, but I am a bit nervous after reading information about citizenship by descent for those born before 1983. See, e.g. xxxxxxxxx. Does this matter for immigration purposes, or will showing his British passport be sufficient?

2. We want to come over together, and we currently live in Australia. Correct me if I am wrong, but I think the ‘family of a settled person’ visa the correct one for this situation. Does my partner need to be in the UK when I apply? The government website makes it sound as though he needs to already be in the UK, and then I can join him. And I've heard that they even require utility bills to prove you have accommodation in the UK, which is pretty difficult to provide when you don't live there yet. It would be very expensive for us to maintain two residences, one in the UK and one in Australia, whilst applying for a visa.

3. I have two citizenships, US and Australian. Does it make a difference which one I apply under? My husband seems to think it would (he argues I should apply as a US citizen, but I live in Australia so to me the latter makes more sense).

4. I read in most places that I will have to wait 5 years (!!) to get ILR, but one of the links posted on this site says it is only two (http://www.workpermit.com/uk/marriage.htm). Is this just out of date information? I'm referring to this bit (we've been together for 6 years):

If you have been together for four years or more outside the UK and you have passed the Life in the UK test, you are eligible for indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.

Sorry for all the questions, but I couldn't find the answers using the search function or by scrolling through the boards!

[Pragmatist]

I should qualify Question #2. I've read the definition of 'present and settled' in Part 8, which seems to indicate the answer is yes, we can come together:

"Present and settled" means that the person concerned is settled in the United Kingdom and, at the time an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make the United Kingdom their home with the applicant, if the application is successful.

But the supporting documentation seems slanted toward those already residing in the UK.

[Casa]

You can enter together but in order to meet the current financial requirement your husband must have been earning the equivalent of £18,600 per annum in Australia and have a confirmed job offer starting within 3 months of arrival again meeting the minimum of £18,600. Otherwise you would need £62,500 in savings held in an accessible account for at least 6 months.
The 2 year probationary spouse visa no longer exists. It's now a 5 year route to permanent residency (ILR). This is issued as an initial period of 2.5 years, followed by a further 2.5 years requiring an application for a Further Leave to Remain visa - FLR(M). Visa fees are paid at each stage, including the final ILR visa.