US Citizen working for US company in UK with spouse visa?

[Joelm2400]

Hey all,

So, I recently received approval from my US based company to work remotely full time from the UK. With this my wife and I were planning on moving back to the UK on a spouse visa with my income being used to satisfy the requirements.

All was going well, and we were prepared to file for the visa shortly, and then I get called in today, saying that for legal reasons (which are not yet fully clear), they won't be able to let me go. From what I can tell, this looks to be due to tax law (having an employee in the UK exposes them to UK tax law).

This brings up my question. If I transition to being a contractor, still doing my same basic job, but as a contractor (so basically self-employed), could I still use my income to satisfy the requirements for the spouse visa?

I think I would be able to negotiate this as far as my company is concerned, just need to find out if it would work for UKBA.

Any advice you can provide would be greatly appreciated.

[Lucapooka]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Joelm2400]

It was my understanding that since my wife is currently living with me in the United States, and the bank account is jointly owned (basically we are one unit as far as finances are concerned) that as long as the income is continuing and can be proven it should be fine.

As for savings, isn't it something crazy now like 72,000?

[Lucapooka]

Your previous earnings in the USA will be considered but it's the requirement that your partner the sponsor has a job to start in the next 3 months in the UK that will be a hurdle.

[Joelm2400]

So basically, if my wife can get a job set up that meets the financial requirements that starts within 3 months of moving we are fine. Otherwise we have to have savings (which I'm still unclear on minimum amount needed, but I can research that more here).

To further clarify, my income, even if it continues without interruption after moving (and evidence can be provided to prove this), does not have any bearing on the financial requirements.

Sorry for being a bit thick I just want to make absolutely sure I understand.

[Lucapooka]

To further clarify, my income, even if it continues without interruption after moving (and evidence can be provided to prove this), does not have any bearing on the financial requirements.
.

Not according to my interpretation of the guidance.

The amount of savings depends on the shortfall in income. If there is no income (that can be considered) the full amount of savings necessary is 62,600K

[Joelm2400]

Right, and since I am the only one with income at the moment, and though the income will continue when I move, I am not currently in the UK and therefore my income doesn't qualify. Which though I do make much more than the savings requirement still isn't exactly feasible (its over $100,000).

I just wonder how married couples living together in other countries manage to move back to the UK. I can't imagine anyone ever accruing that much in savings.

It all seems a bit unfair, but so does the immigration process to the US.

[Lucapooka]

Pretty much everyone in your situation has to rely on savings. I agree that in your circumstances, the policy is completely out of touch with the reality. It's discriminatory to the extent that in many cultures the male partner is always the key (or only) breadwinner and to expect British women to work rather than allow their partner's on-going income to stand in for that is disproportionate.

I would be glad, for you, if some other member has sufficiently more knowledge to be able to challenge my interpretation of the rules.