Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 14 of 14 Posts

·
Registered
Joined
·
31 Posts
Discussion Starter #1
Hi, My first post. Would appreciate any advise please. I have dual UK/Aussie passports, my husband and daughter are Australian. I lived in Malta for the first 20 years of my life, then moved to Australia, married, daughter etc. We are now living in the US on a husband sponsored visa but would like to move to the UK permanently. Please correct me if I am wrong but according to what I read on this forum and UK gov forum, for our initial entry to the UK we have two options - a sponsor visa for my husband or a join partner or family long term visa for my husband and daughter which I think means I have to move to the UK first for 6 months and get a job... and then sponsor my hubby/daughter. Is there any other options that are quicker? We moved our daughter half year into the school last year and I would like to avoid it if I can as her grades suffered - she is in middle school by US standards. Another option could be that they move with me on a visitors visa for 6 months while I work and hubby looks for a sponsored job, will my daughter be allowed to go to school? and will I be able to sponsor them while they are in the UK on a visitors visa to a join partner or family long term visa? also, if we have 62K pounds do I have to do the 6 months work before I sponsor them or can we just move there? if so, does the Australian SMSF (superannuation) count towards the 62k. The plan was always to do a couple of years in the US before we move to the UK due to having family here and wanted to spend some time close to our grand babies. but we are now ready to move on. I read a lot of stories on here, and I really feel for the couples that have to be apart for so long, not sure I can do it let alone leave my daughter behind. B
est of luck to everyone. Many Thanks in advance.
 

·
Super Moderator
Joined
·
18,047 Posts
There aren't any loopholes or quick and easy options, I'm afraid.

Your options are a Tier 2 work visa for your husband or they can apply to join family which means you would have to sponsor both your husband and daughter. Just so you understand, a family long term visa does not mean they can stay for longer than 6 months.

Tier 2 work visas are difficult. If your husband's job isn't on the shortage occupation list then in order to offer him a job an employer must 1st do a resident labour market test which means they have to advertise the job for a certain period of time and prove there is no one who doesn't need to be sponsored for a Tier 2 who can do the job.

You can attend pre-arranged interviews and meetings on a visit visa. You should not be job hunting on a visit visa and frankly the 1st question an employer is likely to ask is what visa do you have that allows you to work here.

Your daughter can't attend school on a visit visa. If your daughter and your husband do come to the UK on a visit visa be aware that they cannot switch from a visit visa to any other visa. You can only apply from your home country or a normal place of residence which would be a country where you are living on a long term visa so if they are leaving the US, that would mean they would have to return to Australia to apply.

If you are going the savings route, funds must be held in a readily accessible account for at least 6 months. That means you have to be able to immediately withdraw the funds with or without penalty.

Have you read through FM 1.7 to understand the options for meeting the financial requirement for a spouse visa?

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf
 

·
Registered
Joined
·
31 Posts
Discussion Starter #3
Thank you Nylon for your quick response. Another question if you don't mind.
Can I take my daughter with me to the UK on a study visa so that she can go to school and be with me while I am working for 6 months before I can then sponsor both my husband and daughter?
Many Thanks again.
 

·
Registered
Joined
·
7,163 Posts
You say your daughter is in middle school in the US - so around 10 to 12 years of age?

She would presumably be going to a secondary school in the UK - I don't believe there is a study visa for such a young child who would be attending a public school.

Study visa are for further education - 16 years and above.
 

·
Super Moderator
Joined
·
18,047 Posts
Thank you Nylon for your quick response. Another question if you don't mind.
Can I take my daughter with me to the UK on a study visa so that she can go to school and be with me while I am working for 6 months before I can then sponsor both my husband and daughter?
Many Thanks again.
If you expect to put her in a state school, no but if you are going to put her in a fee paying school then you'll need this visa:

https://www.gov.uk/child-study-visa
 

·
Registered
Joined
·
74 Posts
Hey correct me if I'm wrong but if GYOS meets the financial requirement that would make the process a bit quicker as in if GYOS is already working in the states and has been for 12mths (?) wouldn't her wage count towards the financial requirement, or has something changed because it is my understanding that if you have been earning the required amount you can use that plus you need an offer of employment....hopefully that makes sense.....:confused:

PS if something has changed and they require the sponsor to be working for 6 mths first please tell me cos that will change my situation....:confused::)
 

·
Super Moderator
Joined
·
18,047 Posts
If you read throughout FM 1.7 which is linked above you'll understand all the options available for meeting the financial requirement. If the poster isn't currently working an option is to move to move to the UK, get a job earning the requirement and after 6 months of earning the requirement, the spouse can apply.
 

·
Registered
Joined
·
39,060 Posts
There is no indication that the OP is in work in US, so working in UK for 6 months or maintaining their savings at £72,000 (with a child) for 6 months are the only viable options.
 

·
Registered
Joined
·
7,163 Posts
Just a thought ....... the OP has a British passport.

If she is NOT British by descent then she could pass on her Brit citizenship to daughter?

The OP has probably researched this route but thought I would throw it out there.

Maybe she could give some info on where she was born etc.
 

·
Registered
Joined
·
39,060 Posts
OP says she lived the first 20 years of her life in Malta, so probably British by descent.
 

·
Registered
Joined
·
31 Posts
Discussion Starter #13
Thank you everyone for all the information, I really appreciate it.
It looks like we are going to be here for a while longer. I have not worked in the US but have worked full time in Australia which I know won't count cos it was almost a year ago since I finished. I have looked up the school link from Joppa but found that the private schools in the UK are really expensive 3 times more than what we pay in the US and X4 in Australia, so that's out of the question. I think our only option now is for me to get a job here and save up to reach the 72K that we need. We'll see which comes first.
Is it 6 months or 1 year that I would have had to be working for the financials?
Thank you:)
 
1 - 14 of 14 Posts
Status
Not open for further replies.
Top