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Moving home to England from the USA with American spouse, what steps do I need to do?

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andydmarsh62
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Joined: Mon Aug 15, 2022 7:02 pm
United Kingdom

Moving home to England from the USA with American spouse, what steps do I need to do?

Post by andydmarsh62 » Mon Aug 15, 2022 7:14 pm

Lived in the states for 20 years and moving home end of this year/early next with my American wife. I don’t know where to start, can we move back together and start her immigration process, do I need to move first?, and if so what do I need to to prepare.

Is there anyplace online providing an idiots guide to the process? :wink:

Thanks

andydmarsh62
Newly Registered
Posts: 3
Joined: Mon Aug 15, 2022 7:02 pm
United Kingdom

Re: Moving home to England from the USA with American spouse, what steps do I need to take?

Post by andydmarsh62 » Mon Aug 15, 2022 7:30 pm

andydmarsh62 wrote:
Mon Aug 15, 2022 7:14 pm
Lived in the states for 20 years and moving home end of this year/early next with my American wife. I don’t know where to start, can we move back together and start her immigration process, do I need to move first?, and if so what do I need to to prepare.

Is there anyplace online providing an idiots guide to the process? :wink:

Thanks

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Moving home to England from the USA with American spouse, what steps do I need to do?

Post by JB007 » Mon Aug 15, 2022 8:14 pm

andydmarsh62 wrote:
Mon Aug 15, 2022 7:14 pm
Lived in the states for 20 years and moving home end of this year/early next with my American wife. I don’t know where to start, can we move back together and start her immigration process, do I need to move first?, and if so what do I need to to prepare.

Is there anyplace online providing an idiots guide to the process? :wink:

Thanks
Your wife will need to be granted a spouse visa before she moves and applies for that in the US. You will need to meet the requirements to sponsor her.
https://www.gov.uk/uk-family-visa

andydmarsh62
Newly Registered
Posts: 3
Joined: Mon Aug 15, 2022 7:02 pm
United Kingdom

Re: Moving home to England from the USA with American spouse, what steps do I need to do?

Post by andydmarsh62 » Mon Aug 15, 2022 10:51 pm

I see that, thanks. It’s not clear if I can start the process from here (USA) or at home, and just what are the requirements?

TODMATT
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Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Moving home to England from the USA with American spouse, what steps do I need to do?

Post by TODMATT » Tue Aug 16, 2022 7:14 am

andydmarsh62 wrote:
Mon Aug 15, 2022 10:51 pm
I see that, thanks. It’s not clear if I can start the process from here (USA) or at home, and just what are the requirements?
You can start the process anywhere in the world but your wife must attend biometric in her home country.
My opinions should not be constituted as an immigration or legal advice.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Moving home to England from the USA with American spouse, what steps do I need to do?

Post by secret.simon » Tue Aug 16, 2022 7:54 am

The spouse visa application needs to be made from a country where your wife has the right to reside on a long-term basis and not where she has only a visit visa.

The spouse visa application can not be made from within the UK if she is not already in the UK on a non-visit visa.

To start with, you (the British citizen spouse) will need to demonstrate
(a) that you currently earn more than £18,600 per annum (for at least six months) AND have a confirmed job offer in the UK paying at least £18,600 starting within three months, or,
(b) currently earn at least £18,600 per annum in the UK (if fixed salary, for at least six months; if variable income, twelve months), or,
(c) show savings of at least £62,500 held in a flexible banking account for at least six months.

For option (b) above, you may have to move to the UK on your own.

If successful, your spouse will be issued a spousal visa for ~2.5 years, after which she will need to repeat the process with the same requirements, albeit from within the UK. After five continuous years of residing in the UK on a spousal visa (with a limit on the number of absences from the UK), she would be eligible for ILR (equivalent to permanent residency). As she is married to a British citizen, immediately after getting ILR, she can apply directly for British citizenship (If she were not married to a British citizen, she'd need to wait an additional year).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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