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UK citizen want to move back to UK with US husband

2K views 7 replies 3 participants last post by  Joppa 
#1 ·
I am a British citizen who moved to America September 11th 2013 with my British born son (who has an American passport). I married my husband (US citizen) November 1st. We are wanting to move back to the UK in 2015, but are confused about the different types of visas.
First off, does our son need any kind of visa, considering he was born in England, and his birth certificate reflects that?
Secondly, is there any way of moving on a family based visa without me having to move months in advance without my husband? If not, are there any other routes that my husband can go through to move to the UK? As our son is only a year old, it would be difficult for me to move back to the UK alone, land a house and child care, alongside a job paying £18,600+. Would my husband be able to move to the UK on a work visa, and then change this to permanent residency further down the line?
Thanks in advance.
 
#2 ·
I am a British citizen who moved to America September 11th 2013 with my British born son (who has an American passport). I married my husband (US citizen) November 1st. We are wanting to move back to the UK in 2015, but are confused about the different types of visas.
First off, does our son need any kind of visa, considering he was born in England, and his birth certificate reflects that?
No, but you need to get him a UK passport.

Secondly, is there any way of moving on a family based visa without me having to move months in advance without my husband? If not, are there any other routes that my husband can go through to move to the UK? As our son is only a year old, it would be difficult for me to move back to the UK alone, land a house and child care, alongside a job paying £18,600+. Would my husband be able to move to the UK on a work visa, and then change this to permanent residency further down the line?
Thanks in advance.
Tier 2 work visas are incredibly difficult to qualify for if your job isn't on the shortage occupation list. So, while he could theoretically come to the UK on a work visa unless he's some kind of super star in his field he's unlikely to find an employer to sponsor him because they would 1st need to prove there is no one in the UK or EU who can fill the position.

Does he work for a company that has offices in the UK? If so perhaps he could get a Tier 2 inter-company transfer however that does not lead to permanent residency so at some point he would have to apply for a FLR-further leave to remain as a spouse which eventually leads to indefinite leave to remain.

Have you read through the options for meeting the financial requirement?

https://www.gov.uk/government/uploa...3/Financial_Requirement_Guidance_20140324.pdf
 
#3 ·
He doesn't work for a company with offices in the UK, no. However, after researching it, his area of work is highly sought after in the UK. If it is as difficult as you say, I am wondering if a study visa would be a good way to go? He has a GI bill from previous employment in the military. There are a list of universities in the UK that accept the GI bill which pays for his tuition and provides him with a housing allowance (roughly £700 per month) plus grants. If he was to come over with this visa, a small amount of savings, and if we were to both then seek employment, could this visa eventually be changed to FLR? Seems like it's the easiest way to go. After a hefty visa process and lots of time apart the past few years, we are dreading the thought of being separated again, especially considering we have a child.
 
#4 ·
He doesn't work for a company with offices in the UK, no. However, after researching it, his area of work is highly sought after in the UK.
Employers act as sponsors for Tier 2 work visas so the visa is tied to the job. If his skill is in demand, it's a possiblity.

If it is as difficult as you say, I am wondering if a study visa would be a good way to go? He has a GI bill from previous employment in the military. There are a list of universities in the UK that accept the GI bill which pays for his tuition and provides him with a housing allowance (roughly £700 per month) plus grants.
He'll pay international student fees and he'll be limited to working 20 hours per week during term time.

If he was to come over with this visa, a small amount of savings, and if we were to both then seek employment, could this visa eventually be changed to FLR?
Once you meet the financial and accommodation requirements he could apply (and pay for) for FLR. As he will be on a visa which allows him to work, you can combine your incomes, but again he will only be able to work 20 hours per week.
 
#5 ·
Thanks so much for your help. His GI bill from the US army would cover his tuition fees and also supply him with a small income, enough to cover rent etc.
I'm positive we could also come up with the required minimum, especially if we both seek employment. A study visa seems to be the way to go. Thanks again!
 
#6 ·
GI Bill veteran's funding can be used to meet the tuition fee and maintenance cost requirements for Tier 4 adult student visa. You still must get certificate of sponsorship and confirmation of offer from a UK university and apply for Tier 4 visa in US.
 
#7 ·
Okay thanks! We are looking into courses in the UK at the moment. However, as he has already used part of his GI bill, he only has around 2 years left on it. Is he still eligible to come over to the UK given that he can only provide proof of funding for the next 2 years, even if the course he applies to is 3 years?
I will be returning to the UK with him and will most likely be seeking employment before we do so. Would this help in his application?
 
#8 ·
In that case he needs to show he can afford to pay the fees and maintenance himself in the third year, as the visa will be issued for the full duration of the course.
Your employment will be largely irrelevant, as it related to future income and not something you are already earning.
 
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