Moving from the US to the UK: A Guide to UK Family Visas
Relocating to the UK is an exciting opportunity for many Americans, especially those looking to join their family members. Whether you are reuniting with a British spouse, bringing your children, or moving in with a partner, the UK offers a range of family visa options. However, the process can be complex, so understanding the key requirements and planning is essential. This blog provides a summary of UK Family visas but is not a substitute for receiving tailored legal advice based on your circumstances. For more detailed guidance, please arrange a free consultation with our expert Personal Immigration Team.
What Is a Family Visa?
A family visa allows individuals to live in the UK with their family members who are either British citizens, settled in the UK, or have refugee or humanitarian protection. It is a popular route for Americans relocating to join loved ones, particularly for spouses, civil partners, fiancé/fiancée, or dependents.
Family visas are typically valid for 2.5 years and can be extended. After living in the UK for five years on a family visa, you may become eligible for Indefinite Leave to Remain (ILR) and, eventually, British citizenship.
What are the types of Family Visas?
There are various types of family visas, each tailored to specific relationships:
1. Spouse Visa – This visa is for individuals married to or in a civil partnership with a British citizen or someone settled in the UK.
Some key requirements:
- A legally recognised marriage or civil partnership.
- Evidence of a genuine and subsisting relationship.
- Sufficient income.
- Suitable accommodation
- Proof of English language proficiency- American citizens are exempt from this requirement.
2. Fiancé(e) Visa– If you plan to marry your British partner after moving to the UK, the fiancé(e) visa could be a good option for you.
Some key requirements:
• Evidence of plans to marry within six months of arriving in the UK.
• Financial and English language requirements similar to the spouse visa.
• Proof of a genuine relationship.
3. Parent Visa– This visa is for parents of children who are British citizens, settled in the UK, or have lived in the UK for at least seven years.
Some key requirements:
• The other parent should be settled or British in the UK
• You will need to prove you are actively involved in their upbringing and there are contact arrangements in place with your child
• Meeting financial and accommodation requirements.
4. Child Visa – A child visa allows children under 18 to join their parent(s) in the UK. This is often used when, for example, an American family relocates to the UK and one parent is already a British citizen or holds settled status/Indefinite Leave to remain.
Some key requirements:
• The child must not be living an independent life.
• Financial and accommodation requirements must be met.
Family Visas and Settlement
One of the biggest benefits of a UK family visa is that it places you on a path to settlement in the UK. If eligible, after five years of residence on a family visa, you may apply for ILR. Achieving ILR allows you to live in the UK permanently without immigration restrictions. Other benefits are that family visas allow employment in the UK, access to the NHS, and ability to travel.
What are some of the potential challenges?
- Proving Your Relationship– You will need substantial evidence to prove your relationship is genuine, such as communication records, and photographs, for example. Insufficient evidence is a common reason for refusals.
- Meeting the Financial Requirement– Meeting the income threshold or demonstrating adequate savings can be a hurdle. Ensure all financial evidence is well-documented and up to date.
- Visa Processing Times– Family visa applications can take several weeks to process, so it is crucial to plan your move accordingly. Priority services are available for faster decisions, but they come at an additional cost.
How OTB Legal can help with moving from the US to the UK:
The UK’s family visa process can be overwhelming, especially with complex requirements and extensive documentation. At OTB Legal, we specialise in helping families reunite in the UK. Our expert Immigration team will:
• Advise you on the best visa option for your situation.
• Assist you with compiling evidence and meeting the relevant requirements.
• Provide you with support throughout the application process, minimising the risk of refusal.
We appreciate that the legal requirements can be complex, and we offer a free initial consultation at our firm. Please contact us to seek professional guidance from one of our experts at OTB Legal, as we would be delighted to assist you with your immigration enquiry.
Contact Us
Not quite ready to book an appointment yet or unsure if it’s the right step for you? No worries! We understand that making decisions regarding legal matters can be daunting.
Reach out to our Client Care Manager, Rikki, who will be more than happy to assist you and guide you in the right direction.
Your peace of mind matters to us, and we’re here to support you every step of the way. Contact Rikki today for personalised guidance and assistance.