American Married 8 yrs to a British Citizen - the Visa Process

Hello! I've been having a blast reading through this forum over the past week -- such a wealth of information!

My husband and I have been married for 8 years. We met on-line through a dating site, DH soon thereafter visited me here in New England where I was born and raised. We became engaged and then went through the legal process of obtaining the fiance visa (whew!) and we've been living in America since. My British husband is now a permanent U.S. resident and is eligible for citizenship.

But we're now considering relocating to Stamford Lincolnshire area. I've just started researching the legalities of how we go about applying for a Visa and I was so surprised to read that since we've been married over a certain number of years (4, I think it stated) I will be eligible for ILR without any probationary period?! Wow, that would make our lives a lot easier!! Perhaps I'm missing something? It just seems too good to be true. Oh, we also have two children born here in America and it seems they are entitled to British citizenship automatically?

Thank you. I really enjoy this forum!

Hi newenglander from a fellow New Englander!     Welcome to UKY.  There's definitely some great information here and some truly wonderful people.

I'm in a similar situation (no kids, though, so I can't speak to that point).  My husband and I have been married for nearly 7 years in the US. 

You are eligible for ILR (or ILE, which is the same...just depends on if you receive it outside the UK or within).  If you are heading to the UK for a holiday before you apply, you can take the Knowledge of Life in the UK test and when you pass, you can submit that with your application for a spousal visa and be granted ILE right away.  This is what I'm doing when we go for a holiday over Christmas.  We're going anyway, so why not take advantage.   

Another option is to apply for a spousal visa and I think you request that you have KOL required added.  That way, when you enter the UK on the visa, you can take the KOL test and when you pass, apply for ILR from within the UK.

The difference is a matter of paying for the spousal visa AND the ILR OR paying for the price of a plane ticket to the UK and the spousal visa that has ILE.  Which is why if you are heading over before you apply anyway (not sure if you are or not), it's better to take advantage of the situation in that respects.   

Here's my experience on this topic:

I married my wife 12 years ago, she is from the UK.  She got her green card and eventually her US citizenship.  We decide to move to the UK together for various reasons. 

I applied for the spouses visa.  Before I applied, I visited the UK and took the Life in the UK test.  As part of the application for the visa, I requested Indefinite Leave to Remain based on the fact that I wanted to settle in the UK, I had been married to my wife for more than 4 years, and I had passed the test.  An immigration attorney here in the UK helped me word the application in the appropriate way. 

I was granted Indefinite Leave to Enter rather than ILR because of the fact that I was not physically in the UK when I applied.  My attorney tells me it's exactly the same but I will warn you that some people here in England don't understand that.  If they don't see "remain" on the visa they get all huffy and do things like deny credit and medical services.  Don't worry, stand your ground and just tell them they don't understand.  I carry a letter from my attorney stating the facts and that usually helps. 

We had a daughter 5 years ago in the states, and when we applied for a British passport for her it was granted with no problem.

Good luck to you.

Hiya NewEnglander,
Just wanted to welcome you from another NewEnglander.    I am Massachusetts born,bred and raised. Moved here to Scotland in 1999 on what was then a work permit and worked my way up the immigration ladder. I've been a dual citizen for years now. The best of both worlds the way i see it. .
Sorry don't have any advice for you just wanted to welcome you.
Kay

Welcome, you've been given good advice.  I'll just add as a side that if you can afford to do the US citizenship, it's probably well within your interests.  You never know if you may choose to return at some point, and who in their right mind would want to go through all that process again!  Best of luck to you!

Thank you, kbeaumont. As a matter of fact, we are planning a trip late spring, so that information you've shared is very helpful! But just last night my husband and I had another discussion about the move and although he seemed enthused at first about returning to the UK I think he's had a change of heart! He hasn't (and probably would never) come out and say it, but I'm quite certain he prefers life here. But who knows what the future will bring. You've saved me quite a lot of research though - THANK YOU!

Christmas in the UK -- that sounds wonderful! 
 
 
Thank you again.

Here's my experience on this topic:

I married my wife 12 years ago, she is from the UK.  She got her green card and eventually her US citizenship.  We decide to move to the UK together for various reasons. 

I applied for the spouses visa.  Before I applied, I visited the UK and took the Life in the UK test.  As part of the application for the visa, I requested Indefinite Leave to Remain based on the fact that I wanted to settle in the UK, I had been married to my wife for more than 4 years, and I had passed the test.  An immigration attorney here in the UK helped me word the application in the appropriate way. 

I was granted Indefinite Leave to Enter rather than ILR because of the fact that I was not physically in the UK when I applied.  My attorney tells me it's exactly the same but I will warn you that some people here in England don't understand that.  If they don't see "remain" on the visa they get all huffy and do things like deny credit and medical services.  Don't worry, stand your ground and just tell them they don't understand.  I carry a letter from my attorney stating the facts and that usually helps. 

We had a daughter 5 years ago in the states, and when we applied for a British passport for her it was granted with no problem.

Good luck to you.

Thank you for sharing your experience, lakemirror. Interesting about the ILE vs. ILR and how the ILE can cause a bit of a hassle in certain situations. That's something I'll keep in mind for sure. That's great that your daughter's British passport was granted with no problem!

Many thanks!

That's good advice, Cadenza -- I think I'll just have to fill out the form/application for DH (I'm the secretary in the household!). Although I'm a little concerned about creating a potential tax situation... I haven't researched the subject at all, so I wonder if DH would have to pay U.S. tax for the rest of his life even if he were to move back to the U.K. But anyway, just last night (as I mentioned in a previous reply to kbeaumont) it seems my DH has had a change of heart. I don't think he wants to return to the UK. Which is fine by me, although I was getting excited about the move.

Thank you!

Welcome, you've been given good advice.  I'll just add as a side that if you can afford to do the US citizenship, it's probably well within your interests.  You never know if you may choose to return at some point, and who in their right mind would want to go through all that process again!  Best of luck to you!

Hi Kay, Very nice to "meet" you! Thank you for the welcome. How wonderful that you have dual citizenship. I'm in CT (born and raised) and over the years have spent quite a bit of time in the great State of Massachusetts!

Hiya NewEnglander,
Just wanted to welcome you from another NewEnglander.    I am Massachusetts born,bred and raised. Moved here to Scotland in 1999 on what was then a work permit and worked my way up the immigration ladder. I've been a dual citizen for years now. The best of both worlds the way i see it. .
Sorry don't have any advice for you just wanted to welcome you.
Kay

Thank you, kbeaumont. As a matter of fact, we are planning a trip late spring, so that information you've shared is very helpful! But just last night my husband and I had another discussion about the move and although he seemed enthused at first about returning to the UK I think he's had a change of heart! He hasn't (and probably would never) come out and say it, but I'm quite certain he prefers life here. But who knows what the future will bring. You've saved me quite a lot of research though - THANK YOU!

Christmas in the UK -- that sounds wonderful! 
 
 
Thank you again.

DH does the same thing...he's back and forth a little bit on a pending move.  We spoke today about it and he'd like to hold off until the end of 2011 (we were planning on July 2011), but that could change.  We'll see.  I've just learned to plan and let things roll as they may.

I'm glad I was able to help.  Basically, the information I shared was everything I learned from this forum.  I can honestly say that I am better prepared for what to do and expect (to a certain extent).  I don't know where I would be without this forum.

We can't wait for our visit.  It'll be nice to see my BIL, SIL, niece and nephew again.  I've actually only met them the one time, but have spoken to them on the phone several times.

Good luck with your visa application and your move (whenever you officially decide it's time to go).   

Thank you for sharing your experience, lakemirror. Interesting about the ILE vs. ILR and how the ILE can cause a bit of a hassle in certain situations. That's something I'll keep in mind for sure. That's great that your daughter's British passport was granted with no problem!

Many thanks!

You are most welcome, and best of luck in your decision about emigrating.

Tom

DH does the same thing...he's back and forth a little bit on a pending move.  We spoke today about it and he'd like to hold off until the end of 2011 (we were planning on July 2011), but that could change.  We'll see.  I've just learned to plan and let things roll as they may.

I'm glad I was able to help.  Basically, the information I shared was everything I learned from this forum.  I can honestly say that I am better prepared for what to do and expect (to a certain extent).  I don't know where I would be without this forum.

We can't wait for our visit.  It'll be nice to see my BIL, SIL, niece and nephew again.  I've actually only met them the one time, but have spoken to them on the phone several times.

Good luck with your visa application and your move (whenever you officially decide it's time to go).   

Oh, my! So my DH isn't the only one! LOL. I wish you all the best and will be watching your posts to see how things go -- I hope well! I can't stand this feeling of "not knowing" -- feeling as if in limbo is the worst! 

Thank you again!