Living in USA - moving back w/ non UK family

[DC2UK]

Hi there,

Title sort of explains the situation. My wife is a UK/US citizen and we have two young children(kids and I are US only). We’re hoping to move to England soon but navigating this is difficult.

All of the things I read discuss joining someone already living in the UK, so I can’t figure out what we need to do. She’s a full time mom right now, and I make good money. Most of our money is tied up in our home. We have $50k in savings, and ~$200k in equity in the house. Does my income matter? Do we need to sell our house to meet the financial requirements? I’m lost

[iwolga]

Hi,

Your own income in US doesn’t count as you will lose it as soon as you move. For financial requirements either your wife need to have a job or job offer in UK or you need to be able to demonstrate savings on your account of more than 62,500 gbp for spouse only. It is 72,000 when you have one dependent. You can find formula for 2 dependent kids.

Have you considered getting UK citizenship for kids? This will reduce the amount of further paperwork for visas, decrease the cost of those. I would investigate this possibility before moving to UK

[geoeng]

Does my income matter? Do we need to sell our house to meet the financial requirements? I’m lost

Have a read of the guidance linked below if you haven't already. As noted already, your income will not be considered. You can use the proceeds from the sale of property towards meeting the cash savings requirement but you would have to sell that property prior to applying. Also worth a read of the criteria for cash savings to ensure your savings are eligible.

https://assets.publishing.service.gov.u ... -ext_1.pdf

[Casa]

Hi,

For financial requirements either your wife need to have a job or job offer in UK

Your wife would also be required to show that she has earned the equivalent of £24,800 p.a in the 6 month period in the US prior to submitting the visa applications AND have a confirmed job offer in the UK to start within 3 months of arrival, again meeting the minimum £24,800 p.a income level. It appears from your opening post that you will be unable to meet this as the situation stands at present.

If you use funds from the sale of your property in the US, you won't have to hold these in an accessible account for 6 months, which is a requirement for savings.

You will also need to show proof of adequate accommodation in the UK which will be available on your arrival.

The suggestion that you apply for British citizenship for your children is wise advice, as this will reduce the savings level required to £62,500.

https://www.gov.uk/uk-family-visa/proof-income

[hashim1]

Easiest route will be to file for flr(fp) human rights application. Government cant say no.

[CR001]

Easiest route will be to file for flr(fp) human rights application. Government cant say no.

Have you read the ops post?? Neither the op or the British spouse live in the UK.

And ho can refuse an FLR fp application, many are refused.

[hashim1]

Easiest route will be to file for flr(fp) human rights application. Government cant say no.

Have you read the ops post?? Neither the op or the British spouse live in the UK.

And ho can refuse an FLR fp application, many are refused.

Hi obviously they would have to be in the UK to file, that is a given. Since Americans have visa waiver this part is easy. Second, please familiarize yourself with article 8 of the Human Rights Act.

[Casa]

Easiest route will be to file for flr(fp) human rights application. Government cant say no.

Have you read the ops post?? Neither the op or the British spouse live in the UK.

And ho can refuse an FLR fp application, many are refused.

Hi obviously they would have to be in the UK to file, that is a given. Since Americans have visa waiver this part is easy. Second, please familiarize yourself with article 8 of the Human Rights Act.

I have no doubt that CR001 is fully aware of the requirements for an application under Article 8.

Under what rights do you believe a US citizen and his dual US/UK citizen wife can make a claim to remain in the UK under Human Rights? What are the insurmountable reasons not to continue to live in the US where they own property, have regular income and their children hold US nationality

Article 8 isn't a Willy Wonka golden ticket to a back door entry into the UK.