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Living overseas

Whether you're considering emigrating or an expat abroad, you'll find likeminds on this forum.

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Original poster

Moving back to the UK with US husband

24 replies

Figthefox · 02/08/2017 03:36

We might have an opportunity to move to the U.K. I've been living as a permanent resident in the US for about 5 years after marrying a US citizen. He would be working for a US company and I would be home with the kids. My question is, can he apply for a VISA? Will I have to do something since I've been gone for several years? My family are all in the U.K so that's why we would be moving back. Does anyone have any experience of this?

OP posts:

BritInUS1 · 02/08/2017 03:55

You need to get advice from an immigration lawyer x

HerRoyalNotness · 02/08/2017 04:01

Surely his work will organise the visa?

Firefries · 02/08/2017 04:09

He would need a UK work visa for his job or you would need a job to support your husband and your kids (as the uk citizen) or you would need a certain amount of money in the bank to show that you can support your family whilst living in the uk. The visa system has changed a lot in the last ten years. It's not easy to return even if you are a UK citizen. Families have been kept apart because of the new rules. Hopefully you can find a way that works for you. Sorry but its toughened up a lot. Definitely get legal advice.

realhousewife23 · 02/08/2017 17:01

It's not easy to return even if you are a UK citizen.

What do you mean by that?

Original poster

Figthefox · 02/08/2017 19:57

I should add that we would want to settle in the U.K permanently.

OP posts:

lljkk · 02/08/2017 20:06

CAB.

decent summary here, too.

Original poster

Figthefox · 02/08/2017 20:25

Thanks for these links, very useful :)

OP posts:

Firefries · 02/08/2017 21:09

It's not easy to return if you are a UK citizen with a family/OH. Being from the UK and having extended family here is one thing but bringing in your partner/OH is not guaranteed to be easy just because you are a UK citizen. There are many hoops to jump through. That's why there have been families kept apart in the process. That's what it means. Look it up, there are many stories out there but it can be done. I'd seek legal advice.

BeALert · 15/08/2017 03:43

I'd recommend you get US citizenship before you leave the US. It just means that you can't be denied entry to the US for any reason once you've moved away. It's a fairly quick easy process at the moment.

ReturnofSaturn · 15/08/2017 04:05

Hi OP.
I think your husband may need a work visa, something like a skilled work visa or a job offer where they will sponsor him for a visa.
You wouldn't be able to get him a partner/spousal visa as you have been out of the country too long.

Unless you have a big ol whack of savings in the bank- check the amount on government website.

The easiest way would be if your husband has any UK ancestry and by this i mean a parent or grandparent born in the UK.
We are currently sorting this for my husband (we are in Australia, hes Australian) but both my husbands parents were born in england so he qualifies as being a citizen by descent and can apply for a british passport.

Quetzalcoatl777 · 16/08/2017 22:45

You have an absolute right to return to uk. So do your UK national children.

To sponsor a visa for your husband you need to show that YOU have an income of over £18600. Or you need to have £60,000 or therabouts you can lodge in a bank account to show he will not become a charge on the public purse.

He may be able to get his employer to sponsor a visa for him.

Original poster

Figthefox · 16/08/2017 23:09

I think the savings route is our best option. I may end up moving back with the children first while he sorts things out in the US. He would be working away 2 weeks out of every month but I would be close to all my family. We would be able to support ourselves with what he is making and wouldn't need to claim benefits. Eventually I'd love to get back to work but while he's away so much and the kids are small (1,3 &5) it's easier for me to stay home.

OP posts:

Fekko · 16/08/2017 23:11

Check the tax situation. I maybe wrong but won't he be liable for us taxation?

Original poster

Figthefox · 17/08/2017 22:37

Yes, I believe he will still have to pay US taxes. We've yet to properly research that part, not looking forward to it!!

OP posts:

lifeisunjust · 18/08/2017 00:35

Uk grandparent does not qualify you for a British passport. You still have to naturalize. It qualifies you to get a UK ancestry entry clearance.

lifeisunjust · 18/08/2017 00:39

A UK born parent born after 1983 who to s British other than by descent gives British citizen by descent to children born outside UK.

So UK parent and UK grandparent gives different rights.

MrsSchadenfreude · 18/08/2017 00:40

UK grandparent visa is only for Commonwealth nationals, I believe.

misssmilla1 · 18/08/2017 19:17

Fig re the taxes, it's worth paying a US accountant who's familiar with the dual taxation aspect, as they'll know what can be offset against what in each country. Unless your DH ends up renouncing his US citizenship, he will always be liable for US taxes

We were told (I'm UK, DH is US) that if you're not a US citizen then any assets, bank accounts etc held solely in your name in the UK can't be considered for US tax purposes. As a result, this might save on the US tax bill

BeALert · 18/08/2017 23:43

It's not just US citizens. US green card holders who move out of the US are also potentially still liable for US taxes btw.

Having said that, DH has been a US citizen his whole life, and has never been liable for US taxes while living in the UK, because of the various treaties.

BritInUS1 · 19/08/2017 03:12

You won't pay US tax due to tax treaties however you will need to complete a US return. Look at www.greenbacktacservices.com - you can also pay them to have a consultation to discuss your situation

Cornflake15 · 19/08/2017 20:31

If you do the savings route to sponsor him, you'll need to check how much savings you still need to have after his initial 2.5 years "leave to remain'' is over. After this 2.5 years you need to apply again for continued leave for him to remain in the UK which requires either cash savings of a certain amount or else you would have to be working and earning the £18,600 by then.

sapphireice · 24/08/2017 13:28

DH is American and moved to UK on a work visa as his company was transferring him to the London office. Everything on his visa was based on his work requirements so I didn't have to sponsor him as a spouse. It wasn't too difficult to do and we didn't use an immigration lawyer, although it was a few years ago. He's a UK citizen now, we applied for it after 6 years as soon as he was able, as his ILR would be removed if we left the UK again. Yes, there were lots of hoops to jump through but it's just bureaucracy . DH still has to file US taxes every year which he does using Turbotax without an accountant and it's fairly straightfoward (he does his own UK taxes too). Generally he only has a small tax bill to pay for the US.

jbanky · 20/08/2019 12:11

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LittleMy77 · 20/08/2019 20:34

We're in a similar position. I did some research and found 2 really good UK based immigration lawyers who gave us a free ~15 minute consultation for our position on visas, my permanent residency etc

You'd need a spousal visa - basically gives him visa for 2.5 years that allows him to live and work there, and then after that you apply for an extension which gives 3 years, and then you can start the path for permanent residency.

^ this is all based tho on the UK citizen's current earning ability - you need about ~GBP 21K for the two of you, and more if you have kids - in earnings. You can also use savings etc as proof of funds to support you all if you have money in savings, trusts etc

I'd suggest talking to a good immigration lawyer for up to date info as it changes all the time

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