Applying for Settlement (Indefinite Leave to Remain) from USA

My DH is British, he came to the US on a fiance visa over 7 years ago and we were subsequently married and settled here in Boulder Colorado.  We have been married for over 6 years now and have 2 daughters.

FYI, prior to us moving to the US, I lived in the UK for 5 years (on a Sole Rep, work visa).

We are now considering moving back to the UK but are wondering what the process is, if we have to apply before we move there or after, and how long the process might take.
If we do move we would like to do so in August (September the latest)

I found this on the home office website after much digging:

http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/husbandwifecivilpartner/

In some cases, we can give your husband, wife or civil partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:

    * have married or formed a civil partnership four years or more ago;
    * have spent those four years living together outside the United Kingdom;
    * now be returning to the United Kingdom to settle here together; and
    * your spouse/partner must (unless aged 65 or over) have sufficient knowledge of the English language and about life in the United Kingdom.


But there is no further information forthcoming on how or where to apply, what type of application it actually is, and at what point in the process as well as how exactly I'm supposed to take the life in Uk test (ie without being in the UK).  I mean, am I supposed to fly out just to take the test and then come back and apply?

Any Help/Advise is much appreciated!!

Thanks,

Jessica

Hi Jessica,

You will apply for the spousal visa, when you receive it it will be endorsed with the following condition 'KOL Required'. When you arrive in the UK you can take the Life in the UK test and then apply for your ILR.

Another option is that you can study now, come to the UK as a visitor and take the test. Go back to the US and apply and automatically receive the ILE (Indefinite Leave to Enter) just as you would the spousal visa.

Visa application website: http://www.visa4uk.fco.gov.uk/Welcome.htm
select Settlement and then Marriage when you begin your application and it will queue up the questions you need to answer. Your application must be submitted online from the US, however there is a paper application that you can have a look at to know what type of questions are asked: http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf4a.

You can apply up to 3 months ahead of your travel date because the visa can be post dated by 3 months. If you want to arrive in the UK in August you can apply next month if you wish. My advise is to apply as early as you can because applications can vary in terms of processing times. Also if you have children make sure you have their UK Passports, if not you need to get on that process as well so you don't have to pay for visa's for them.

You will have to apply for all your visas and things before you leave the US as you are not allowed to enter the UK as a visitor and then switch to a different visa. If you are moving to the UK, you have to enter the country with the visa in your passport.

If you are in the US, you will have to apply online for your visa - the online form is on the UK visa website (http://www.ukvisas.gov.uk/en/howtoapply/). It is the same form for all applications, so you just choose the correct visa from the drop down menu.

If you have been married and living together outside the UK for 4 years or more (which you have), there are two options:

1) You apply for a spousal visa with an endorsement on it saying 'KOL required'. This means that once you arrive in the UK on the spousal visa, you can then take the Life in the UK test (KOL) whenever you are ready and apply for ILR as soon as you have passed it, instead of having to wait until you have been in the UK for two years.

2) If you have the time/money, before you apply for a visa you can fly to the UK as a visitor and take the Life in the UK test while you are there. Then, you fly back to the US and apply directly for ILE (Indefinite Leave to Enter) without having to get a spousal visa first.

(Edited to add: x-posted with WebyJ)

#2 is a really good option if you're planning a scouting trip prior to moving, since it does save you both the cost and hassle of the ILR.

Thanks everyone! 

A couple of questions....

First, the girls do not have UK passports. Can we apply for UK passports for the kids from the US?  I ask because we looked into getting them, but on the paperwork for the passport it asks us to list a UK address.  We considered using a relative's address and having her mail the paperwork from the UK, but were worried about possible implications.

Second, if I get the spouse visa, then come to UK take the test and get the IRL does the paperwork cost more?  (ie. having to pay for 2 'visa's')  Anyone know what the cost structures of the 2 above suggested paths are?

If I can't really get the girls passports without being there, it might be worth a trip to take the test, get their passports etc, if the cost of the flights aren't much more than what I would pay for all the extra visas.

Dunno about the passports for your girls, I'm sorry.

But if you decide to get a spousal visa in the US and then take the test and apply for the ILR in the UK, then yes you'll be charged for two visas. The costs are £585 for spousal + £795(or £750) for the ILR (or £950 if you want same-day service.)

Also, ILR processing times are currently 12-15 weeks so there's also that.

The prices have gone up for the ILR.  I know the in-person is now 1070.00

Thanks everyone! 

A couple of questions....

First, the girls do not have UK passports. Can we apply for UK passports for the kids from the US?  I ask because we looked into getting them, but on the paperwork for the passport it asks us to list a UK address.  We considered using a relative's address and having her mail the paperwork from the UK, but were worried about possible implications...If I can't really get the girls passports without being there, it might be worth a trip to take the test, get their passports etc, if the cost of the flights aren't much more than what I would pay for all the extra visas.

UK passport applications from the US: http://ukinusa.fco.gov.uk/en/passports/applying-for-passport-usa/. Looks like they take up to 6 weeks to get back so best to apply early.

WoW!  thanks for the info Mort! If it costs all that extra $$$$ and headache to do the Spousal Visa then ILR route, it seems to make more sense to fly to the UK for the test and then apply for ILR from the US.  

I just wanted to mention as an aside that I think it's silly that there is no system set up to take the "life in the UK" test online at some of the British Consulates here in the USA.

QUESTION! How long would it take me to schedule and take the test?  For example if I was to fly to England just to take the test how long should I plan to be there for?


UK Passports for Children:
I found the information I needed to apply for British passports for the girls from abroad at the "UK in the USA" site: http://ukinusa.fco.gov.uk/en/passports/passport-forms
The form is C2 for those under 16 and overseas.
According to the site it can take 6 weeks or longer to process their apps.
All passport apps are mailed to their Washington address.
Cost for child passports is currently $110 USD.

You schedule it over the phone.  So you could do that before you leave the US and just fly in for the test.

thanks @bookgrl! Well that is one bit of good news!

Just a side question on that topic.  How long are the results of the test good for.  Do they expire like everything else or could I take them and then apply in lets say 6 months.

The results of the test don't expire (not that we are aware of).

The time to book an appointment varies from location to location.  It is a privatised thing where the testing centre (usually a job placement company) contracts with UKBA to provide a test.  Most locations run the test on a weekly basis.

My centre, which is now closed, ran the test every Friday at 1pm.  If you fail you have to wait a week to take it again, but really read the book, do some practice tests.

I freaked, because I always do when it comes to tests, and got a cd-rom with questions on it, but I really felt better because of it.

And back on track...you know about the requirement to pass the KOL test to get ILE?  Right?

Vicky