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Discussion Starter · #1 ·
This is my current situation

I am a UK Citizen with a US husband and with 2 kids. My first child was born in the UK and has a British Citizenship my second child was born in the US and have no applied for a british passport yet. I was not born in the UK and received it through naturalization.

Question1: Is my second child eligible for a british passport. Can I return to the UK with his American passport and apply for his passport there?

I am working and studying here in the US and have just got accepted to a University in the UK and have a job offer that I can start in less than 3 months. I am working at a hospital and privately tutoring kids at home as well as receiving a grant for going to school in the US. My income on my salaried employment is not enough alone but combined with private tutoring and my grant then I meet the financial requirement of the 18600 pounds. I just started tutoring this February and have just a profit and loss statement showing how much I earned these few months from tutoring

Questions 2: Could my husband get a denial due to my SALARIED income not being enough?
or Is everything (tutoring, salaried income, savings of $20,000 and school grant of $2000) included to meet the financial requirement?
If he is denied can he come with me on a visitor visa for 5 months and then return the US and then reapply?
Do cars count as asset as we paid cash for them?
 

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#1 As you are British otherwise than by descent (naturalised in UK), your second child is indeed British by descent (your first child is British otherwise than by descent) and is entitled to British passport. To avoid any hassles at UK border, it's best to apply for his passport while still in US (while it costs more, the timeframe has been cut to about 3-4 weeks). We have had people getting grilled at the border when their dual-national child didn't have British passport (they seem to have got stricter recently), though with persistence and showing supporting documents (e.g. birth certificates), he may be allowed in without getting leave as US citizen.

#2 This is a tricky bit. Your tutoring counts as self-employment and it will require a whole set of documents, and it will have to originate from the last financial year (typically Apr 14 to Apr 15), with your salaried income and grant also from the same period, and you cannot combine self-employment with savings. So I'm not sure you now meet the financial requirement, even if you manage to get all the supporting documents for tutoring (full-year's account, tax return, evidence of tax being paid, certification by accountant, registered as self-employed etc - see Section 9 of FM1.7). If you don't, you have to work in UK for 6 months before you can sponsor your husband. A car can only become a source for savings when sold and proceeds paid into an account and kept there for 6 months. House sale doesn't require 6-month moratorium. If you use savings, you can't use tutoring income. Your husband may be allowed to stay as visitor while you work in UK, but it's up to the judgment of immigration officer. He needs strong ties in US (other than the need to return home to apply for spouse visa) and as he cannot work, there must be enough income/funds for his living cost.
 

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Discussion Starter · #3 ·
I just started being self-employed (tutoring) in january this year and so i dont have a full financial year of this. I plan on submitting the profit statement and the deposit in the bank i made due to being paid in cash. These are the following documents i plan on submitting, please let me know if you see any issues with this:

1. Letter from employment stating that I have been working for them for 2.5 years
2. Paystubs for 6 months (or should i submit 12 months?) $8900 for 6 months
3. 1 year of bank statements where my salary was deposited into
4. 1 year of another bank account of bank statements that show my grants from school ($2,150)
5. a profit statement showing how much I have made for the past 6 months ($5000)
6. Letter of job offer from London starting this August

Do you think this is enough to fulfill the financial requirement section of the form. I have included the exact amount that i am submitting, do you think they will have any issues?
 

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Not enough I'm afraid. Have you read FM1.7 setting out evidential requirement for self-employment? You need a year's account (even only trading for less), accountant's certificate, tax return, proof of tax paid etc. Without tutoring income you don't meet the requirement so you need to return to UK, work for 6 months and then sponsor your spouse under Cat A.
See https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf 9.6.1 Para 7.
 
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