Returning ILR

Need some help, we married in 1974, I am British my wife is American, we lived in the USA from 1983 til this year, we have moved back to the UK because we are both retired and my mother is 94 and needs help, she only as my brother and so my wife is the only female. In 1974 it was easy my wife had ILR stamped in her passport we lived here for 8 years, she had two of our children here, she as a National Insurance number, and worked here for a couple of years. Even had her gall bladder out in 1979, on the NHS. Now we have come back and everything as changed, looking into it we find that she needs to get a returning ILR visa, which also means she as to go back to the USA to apply for it, and according to one lawyer I spoke to there is no guarantee it will be granted, then again there is the spousal route but yet again how long will she have to wait for a decision in the US. I am 75 and she is 69 so there is no work issues involved. But we find ourselves unable to rent properties, or if we do I have to lie and say I am on my own, it seems a ridiculous situation when all three of our children can live in the UK 1 does, and 7 of our grandchildren can 6 do, but my wife cannot. If her visas requests are turned down we will most likely have to move back to the USA so after 49 years of marraige we can live together. Any help would be appreciated.

Need some help, we married in 1974, I am British my wife is American, we lived in the USA from 1983 til this year, we have moved back to the UK because we are both retired and my mother is 94 and needs help, she only as my brother and so my wife is the only female. In 1974 it was easy my wife had ILR stamped in her passport we lived here for 8 years, she had two of our children here, she as a National Insurance number, and worked here for a couple of years. Even had her gall bladder out in 1979, on the NHS. Now we have come back and everything as changed, looking into it we find that she needs to get a returning ILR visa, which also means she as to go back to the USA to apply for it, and according to one lawyer I spoke to there is no guarantee it will be granted, then again there is the spousal route but yet again how long will she have to wait for a decision in the US. I am 75 and she is 69 so there is no work issues involved. But we find ourselves unable to rent properties, or if we do I have to lie and say I am on my own, it seems a ridiculous situation when all three of our children can live in the UK 1 does, and 7 of our grandchildren can 6 do, but my wife cannot. If her visas requests are turned down we will most likely have to move back to the USA so after 49 years of marraige we can live together. Any help would be appreciated.

Welcome to the forum. 

I just answered another post with a very similar theme. Was that by one of your children?

https://talk.uk-yankee.com/index.php?topic=100790.msg1324577#msg1324577

If so, it's going to be much easier if we keep everything together in one thread over on the visa forum.

Need some help, we married in 1974, I am British my wife is American, we lived in the USA from 1983 til this year, we have moved back to the UK because we are both retired and my mother is 94 and needs help, she only as my brother and so my wife is the only female. In 1974 it was easy my wife had ILR stamped in her passport we lived here for 8 years, she had two of our children here, she as a National Insurance number, and worked here for a couple of years. Even had her gall bladder out in 1979, on the NHS. Now we have come back and everything as changed, looking into it we find that she needs to get a returning ILR visa, which also means she as to go back to the USA to apply for it, and according to one lawyer I spoke to there is no guarantee it will be granted, then again there is the spousal route but yet again how long will she have to wait for a decision in the US. I am 75 and she is 69 so there is no work issues involved. But we find ourselves unable to rent properties, or if we do I have to lie and say I am on my own, it seems a ridiculous situation when all three of our children can live in the UK 1 does, and 7 of our grandchildren can 6 do, but my wife cannot. If her visas requests are turned down we will most likely have to move back to the USA so after 49 years of marraige we can live together. Any help would be appreciated.

Immigration has changed a lot in the last 49 years.

I assume your wife entered as a visitor when you moved back? Your son didn't say that on his thread. Visitors cannot switch (in country) to a visa that allows them to stay in the UK. Visitors must have strong ties to their own country and are expected to leave the UK.


Are you aware that as a visitor, she cannot use the NHS bill free? 50% is added to the NHS bill. The UK government advice to visitors, is to have insurance so that they can claim the money back that they have paid to the NHS.

Under the 2017 charging law, the Trusts in NHS England must  refuse treatment if the full estimated cost (with 50% added) is not paid in advance. Life threatening treatment can be billed afterwards, also with 50% added to the bill. Unpaid NHS debt is reported to UKVI (UK Visa and Immigration). NHS Debt of £500 and over can prevent a visa being granted.

Renting: she can't, as you have found out. In 2016 it became a criminal offence for a landlord to allow somebody who doesn't have permission to live in the UK, to be in their property. The minimum tenancy on as Assured Shorthold Tenancy, is 6 mohths and your wife's visitor visa will expire before that. Even if she is not on the tenancy agreement, if she is living there it is still a criminal offence and landlords can evict quickly, without the need to apply to the courts for an evicition order.