Some advice form you nice folks here

Hi, I am a UK citizen married to a US citizen for 20 years. We were married in Scotland in 1994 and moved to the States in 1997, coming back to the UK on vacation at least every other year except for maybe two times. My wife was married previously to another UK citizen and lived and worked here for 10 plus yrs. She has a leave to stay indefinite stamp in her old passport from that time and it was not transferred to her new passport. We moved back to the UK about a year ago to work with my son in his business. I just read something that says her stamp is no longer valid as she stayed out of the UK for more than 2 yrs those couple times. She has a Nat Ins number, GB driving license etc. We did not know that she would be classified as an overstayer, now we are panicking. Spoke to a lawyer who says she needs to go back to the States and apply for leave to stay from there. Why not here? Can anyone advise what we should/need to do? I have a full-time job here and cannot go back to States at the moment. Her last entry to UK was about a year ago so she is well beyond her 6 months that we did not believe we needed to worry about. Hope all of this makes sense.

She can't apply from within the UK because it's illegal to switch from a visitor visa to any other type of visa.

When you entered the UK last year, what did your wife say to the immigration officer, and what kind of stamp did she get in her passport?

She can't apply from within the UK because it's illegal to switch from a visitor visa to any other type of visa.

When you entered the UK last year, what did your wife say to the immigration officer, and what kind of stamp did she get in her passport?

This. The stamp in her passport will tell you everything.  Was she stamped in as a visitor or as a resident?

We just looked, she was stamped as a visitor for 6 months, just never thought to look until now.

Okay, in that case she is definitely an overstayer, and needs to go back to the US ASAP and apply for a visa.

Unfortunately, it's a lot harder to qualify for a spouse visa now than it was the last time she applied. There are some steep financial requirements, and the visas themselves are very expensive.

Start here: https://www.gov.uk/uk-family-visa/partner-spouse

To sponsor her, you'll need to prove you are in a job earning a minimum of £18,600 a year.

Has she worked or used the NHS while being here?

We were married in Scotland in 1994 and moved to the States in 1997, coming back to the UK on vacation at least every other year except for maybe two times.



I just read something that says her stamp is no longer valid as she stayed out of the UK for more than 2 yrs those couple times.

If it makes you feel any better, it sounds like your wife  lost her ILR 18 years ago after she resided in the US for more than 2 years. It is Indefinate Leave to Remain in the UK, not to enter the UK. Visiting the UK doesn't keep ILR going.

Thank you very much for all your help folks. At least we know where we stand. One last question, what is to stop her leaving and coming back in say a month and staying for another 6 months? Is that doable?

One last question, what is to stop her leaving and coming back in say a month and staying for another 6 months? Is that doable?

Apart from the fact that a visitor cannot live in the UK using frequent visits, and she has to show ties to the US to ensure she will go back to the US when her time as a visitor ends,  your wife is overstayer. Look at it from a border officers view, if she overstayed her last visit, then why would the border officer believe she will leave this visit on time?

Can you sponsor her?

Has she worked or used the NHS while being here?

Can you answer this too as it is important, not only for when you sponsor her for a spouse visa, but for further entry into the UK as a visitor.

Visitors cannot work and have to pay to use the NHS. UKVI (UK visas and immigration) check NHS records (her NHS number) and HMRC records (her NINo). If she has used the NHS, she will need to pay for it and show a receipt for that. Unpaid NHS bills totalling £500 plus, are a refusal of entry or to remain in the UK.

If she is working, then stop. If she has been working for your son's business, then this might affect him too as an employer must check the status of their employees to ensure they have permission to work in the UK. If she is driving, then stop that too.

An overstay alone is not too bad for a spouse visa (but will likely affect when she can apply for British citizenship) but working and using the the NHS without paying (if she has) needs to be sorted. You will need legal advice if she has been working to help/advise/guide with her spouse visa application.

Apologies for the late response, away on business. She does not work and yes I can sponsor her for a spouse visa, that looks like the best route to go at this point. Thank you all very much for your counsel and wisdom in this stressful matter. It has been very helpful indeed.

Apologies for the late response, away on business. She does not work and yes I can sponsor her for a spouse visa, that looks like the best route to go at this point. Thank you all very much for your counsel and wisdom in this stressful matter. It has been very helpful indeed.

Good luck!