Where to start for ILR Info

Hi all, my OH and I have been married for 5 years and are currently living in the US. I'm the USC and he's the UKC. We have just begun planning a move back to Scotland in about a years' time. I'm beginning to gather the info on visas, and I think I qualify for the ILR since we have been married for 5+ years. I was wondering if there was a Wiki available to explain the ILR process in a nutshell, such as what forms are needed, and other supporting documentation? If there is no Wiki, where's the best place for me to start getting visa info? I know this forum is a good source, but I was hoping to find a succint explanation of the process and I haven't found it yet.

Also, my OH and I did everything ourselves for his immigration here to the US - from fiancee visa to naturalization. Is it necessary to consider a lawyer going the other way? Is it really anymore complicated than what we went through with US immigration? I'd like to save lawyer fees, if possible.

Thanks for the help!!

~Jamie

If you have a straightforward application it really shouldn't be necessary to have a lawyer help you.  (Not straightforward would be things like: you were ever refused entry.)

I did ILR myself (though not under the circumstances you are in) and it's pretty easy compared to what friends of mine had to do to get into the USA, so if you've already done that you should be able to handle this perfectly well. 

You won't need a lawyer.

Acutally, if you'll be apply from the US you'll be applying for ILE -- Indefinite leave to Enter rather than Indefinite leave to remain which is only issued in the UK.

To prove you've been married and living together for a minimum of 4 years outside the UK just provide your Joint US tax returns and various joint addressed correspondence.

You will need to go to the UK at some point as a visitor and take the Life in the UK test and submit that certificate with your visa appliation.

Other than those two items it is the same process as a standard spousal visa, just when you submit the application in the other relevant information section state that you are applying for ILE and note that you have your LiUK certificate and you may want to include a cover letter requesting it as well. It is the same fee for ILE as it is a spousal visa when applied for from the US which currently is $936.

I'm currently the person responsible to maintain the Wiki for UKY and have been slowly working my way through it and will add this to my list for addition.

Hi Webby, thanks for correcting my misunderstanding. As far as the 'various joint addressed correspondance', does that have to be a certain amount of documents over the past 5 years, or can that all be recent? I ask because I don't think I've kept bills that are 5 years old. Are they looking for specific types of correspondance? On the tax returns, would IRS tax transcripts be acceptable or does it have to be the 1040 forms + W-2s? We also file electronically, so I don't file if that makes a diff.

Where can I get a study guide for the Life in The UK test?

Hi, was doing some further reading on the 'Moving Back to the UK' forum on BritishExpats and have a question. One our resident experts there said that another route is to simply apply for the spousal visa from here in the US. Then once I enter the UK, I can go ahead and take the KOL test and then I should be able to file for ILR right away. Is this true? If so, that could save us on an unnecessary trip to Britain.

...another route is to simply apply for the spousal visa from here in the US. Then once I enter the UK, I can go ahead and take the KOL test and then I should be able to file for ILR right away. Is this true? If so, that could save us on an unnecessary trip to Britain.

This is true - you can do things this way, but you will have to pay two visa fees instead of one - $936 then £750 (£950 if you apply for ILR in person).  I'm pretty sure that the cost of a round-trip flight to the UK plus a hotel room for a night or two will be less than £750!

This is true - you can do things this way, but you will have to pay two visa fees instead of one - $936 then £750 (£950 if you apply for ILR in person).  I'm pretty sure that the cost of a round-trip flight to the UK plus a hotel room for a night or two will be less than £750!

FYI -- ILR application fees are £820 for postal apps & £1020 for in person apps, as of 6 April 2009.

FYI -- ILR application fees are £820 for postal apps & £1020 for in person apps, as of 6 April 2009.

Ahh, that's right, I stopped tracking ILR fee changes after I got mine.   Even more reason to book a flight and come take the KOL exam before applying!

Ahh, that's right, I stopped tracking ILR fee changes after I got mine.   Even more reason to book a flight and come take the KOL exam before applying!

The only reason I know is that I'm saving my pennies each week to pay it in February 2010...after that it's my citizenship fee in August 2010...after that, all bets are off!

The only reason I know is that I'm saving my pennies each week to pay it in February 2010...after that it's my citizenship fee in August 2010...after that, all bets are off!

how much is the citizenship fee?

According to the UKBA web-site, it's currently £720.