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Spousal Visa From Us - Please Advise


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#1 NicolaStar

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Posted 03 December 2012 - 11:27 PM

I am an American married to a UK citizen for two years. He is a classical musician and we usually spend half the year in the UK for his work. We've decide to move our base from New York to England, since he increasingly is getting better gigs there. But - these new requirements are stunning!

Here is my question: My husband has several contracts in the UK for the coming year, but no where near 18,500 (gigs usually come up much more last minute). We do have about 20,000 dollars in savings, but it appears that wouldn't come close to cutting it - I read a figure up to 62,000 pounds if starting with no income. We have lots of family in England, and his father has substantial savings, but it appears that these are not taken into account.

Do we have any hope of being able to move? The idea that my husband can't live in his own country because of me is pretty upsetting. Any advice would be appreciated.



#2 Victoria

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Posted 03 December 2012 - 11:56 PM

If his father gives him the money then an application in 6 months could succeed. Otherwise, it's last uear's earnings that matter more than future earnings.

#3 NicolaStar

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Posted 04 December 2012 - 01:30 AM

Do earnings abroad count? He certainly made more than 18,500 pounds last year, but in the EU, America, and Asia.
Also, I would feel really strange about asking his father for 60,000 pounds...or even 20,000...especially since it has to be a gift.

Two years ago an American friend married a Brit, they had nearly nothing in savings and they BREEZED through the application process. I understand the rules have changed, but are they extremely stringent now? I can't think that these laws were meant for someone like my husband to be excluded from his country.

#4 Victoria

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Posted 04 December 2012 - 09:10 AM

The rules have changed beyond recognition.

Your husbands previous earnings overseas could be taken into account if he was tax registered in the UK. It might be worth having a chat with an advisor on this.

The rules are designed to stop you from coming to the UK, because you are foreign. That's what you are dealing with now.

#5 SkillClear

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Posted 05 December 2012 - 12:45 PM

The rules have changed beyond recognition.

Your husbands previous earnings overseas could be taken into account if he was tax registered in the UK. It might be worth having a chat with an advisor on this.

The rules are designed to stop you from coming to the UK, because you are foreign non-EEA. That's what you are dealing with now.

Fixed it. ;) This situation is really starting to make my blood boil...

#6 Victoria

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Posted 05 December 2012 - 12:49 PM

:)

#7 NicolaStar

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Posted 05 December 2012 - 02:10 PM

Thank you all for your replies. They've been very helpful!

Sorry if I sound thick - but the FM 1.7 is very confusing and I have a few more questions.

Unfortunately, as my husband is a dual US/UK citizen, he paid taxes on his 2012 earnings in America. He paid a small amount in UK taxes (somewhere around 10,000 pounds of income). But not enough for the threshold!

If we can prove 18,500 worth of performing contracts for the coming year, is the savings requirement waived? Or do you have to show an ADDITIONAL 16,000 pounds in savings? We have a substantial amount of money in our 401Ks (American retirement savings) but apparently that doesn't count.

These laws are feeling very discriminatory :(

#8 Victoria

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Posted 05 December 2012 - 02:21 PM

"If we can prove 18,500 worth of performing contracts for the coming year, is the savings requirement waived?"

No.

I am not sure why you think the 401k doesn't count, under the new rules it explicitly does.

#9 NicolaStar

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Posted 05 December 2012 - 02:31 PM

Sorry - yes! I misread that. Thank you, Victoria. That changes a lot -we would meet the savings requirement. So it's 18,500 of income PLUS 16,000 in savings. That seems like half the country wouldn't qualify.

The only problem that as a performer, I think he is considered self employed, which would mean he would have to show two years of earnings, not just potential future earnings. Which takes us back to square one - not being welcome in the country.

You'd think living 13 years in New York City would be proof enough of our financial stability!

#10 Victoria

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Posted 05 December 2012 - 02:37 PM

I think you have misunderstood if you think you have to combine savings and earnings.

Please email me if you'd like to discuss this further, as I think professional advice may benefit you.




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