UK Visa Settlement Processing Time

heres a question, do you have to apply for a ILR or can you apply for another 2 year visa? cause i dont want to apply for ILR if i dont have to, and since me and my partner at some point wanna move back to the US wouldnt the ILR make it kinda diffacult?

If you want to waste your money and there is a reason why you wouldn't qualify for ILR then, yes you can.

However, considering the cost of extending vs ILR and then being able to naturalise just remember that the US Immigration requirements are much more stringent than the UK ones. You might not qualify for a US Visa. So it's better to have the ILR after 2 years then to extend and then not get the US visa and be stuck having to shell out extra money for a 3rd visa when you really never had to to begin with.

Logical to just get the ILR and have your status secure with your partner. Because currently US Immigration rules don't recognize same sex relationships so you wouldn't qualify for a US Visa anyway.

If you want to waste your money and there is a reason why you wouldn't qualify for ILR then, yes you can.

However, considering the cost of extending vs ILR and then being able to naturalise just remember that the US Immigration requirements are much more stringent than the UK ones. You might not qualify for a US Visa. So it's better to have the ILR after 2 years then to extend and then not get the US visa and be stuck having to shell out extra money for a 3rd visa when you really never had to to begin with.

Logical to just get the ILR and have your status secure with your partner. Because currently US Immigration rules don't recognize same sex relationships so you wouldn't qualify for a US Visa anyway.

yeah i know that but we wouldnt be going back on that type of visa anyway, it will be a different one but i'll get into that when the time comes

heres a question, do you have to apply for a ILR or can you apply for another 2 year visa? cause i dont want to apply for ILR if i dont have to, and since me and my partner at some point wanna move back to the US wouldnt the ILR make it kinda diffacult?

The thing with ILR is that it gives you permanent residence in the UK, it allows you to claim UK public funds and benefits and it will never expire. You cannot lose it unless you leave the country and don't return to live there for more than 2 years (or if you commit a really bad crime and the government takes it from you).

Also, if you do get ILR and you stay in the UK for long enough to get UK citizenship as well, then you will never have to worry about needing a visa for the UK ever again and you will have the right to live and work in all 27 EU countries.

In general, you will most likely not be able to apply for an FLR(M) extension unless you can prove that you don't meet the requirements for ILR (i.e. you don't meet the 2-year residency requirement or haven't taken the KOL test).

So as an example of the different scenarios:

ILR
- You apply for ILR after 2 years in the UK. You get basically the same rights as UK citizens, except for being able to vote.
- You leave the UK to live in the US
- You decide to move back to the UK a year later... and you can move right away with your ILR and have permanent residence again immediately.

FLR(M) extension
- You extend your FLR(M) (which costs almost as much as ILR)
- You leave the UK to live in the US
- You decide to move back to the UK a year later... but you don't have ILR, so you have to start the visa process from scratch again - spousal visa, 2 years in UK, apply for ILR after 2 years.

UK citizenship
- You apply for ILR after 2 years in the UK
- You apply for UK citizenship a year later
- You leave the UK to live in the US
- You can return to live in the UK (or any EU country) on your UK passport whenever you like for the rest of your life.

Whether you go for ILR or and FLR(M) extension, you're still going to be shelling out about a thousand pounds... but surely it would be better to use that money to get a visa that gives you permanent residence, more rights and the chance to return to the UK and keep the ILR, than to just extend a visa that is just temporary, doesn't give you permanent residence or any more rights and will expire?

What you wanna live in the US for? It sux bud

It terms of difficulty, no.  Having ILR does not make it more difficult at all.  Why would it?

Also, if you think getting a visa for the UK is hard, try getting a visa that isn't tied to a spouse for the US. 

Having ILR does not make it difficult to leave Britain.  In fact if you leave Britain whilst on ILR and don't come back for two years then it will laps and you have to start again at the beginning with a spouse visa.  As KS says lol x

Also from what I understand the US system is really complicated and you might not qualify.  If I was you I would stay long enough to get your citizenship 3 years at the moment (may be changing in april).  You are of course free to visit the US for short visits during the three years I am not sure how long you are allowed to be out of the country for I know Webby and KS know so perhaps they can advise you, but it dosen't mean you can't go back home for visits.

Love pads x

yeah i know that but we wouldnt be going back on that type of visa anyway, it will be a different one but i'll get into that when the time comes

Be very careful if you are planning on your UK partner obtaining a work-sponsored visa. Those can be hit or miss, since you are depending on a US company to sponsor the visa, and possibly permanent residence. A lot of companies have not been sponsoring because of the cost and the fact that there are soooo many people in the US already out of work.

If you are planning on going for a student visa, those will eventually come to an end, with no hope of obtaining Perm. Residence (not to mention the money to pay for that).

If you are going for an investment visa, like an E2, it also can never lead to Perm. Res.

If you want more info about the immigration process to come to the US, you should start at www.britishexpats.com/forum.

Ok, it's my turn... I have been approved for my spousal visa! Finally, I can breathe and sleep again. 
Let's see, sent my app overnight on 9/17
 App was received at the NY consulate 9/19 by B Robinson
I got my first email 9/21 saying that it was rec'd,
second email saying that it had been assigned to an officer 9/26
 and my third email this morning saying that my visa has been issued and I did not pay for priority.

I fretted and sweated this one out and didn't have to after all. I AM REALLY MOVING TO THE UK! I am so flipping happy I could just burst.

Congratulations wish you all the best 

The thing with ILR is that it gives you permanent residence in the UK, it allows you to claim UK public funds and benefits and it will never expire. You cannot lose it unless you leave the country and don't return to live there for more than 2 years (or if you commit a really bad crime and the government takes it from you).

Also, if you do get ILR and you stay in the UK for long enough to get UK citizenship as well, then you will never have to worry about needing a visa for the UK ever again and you will have the right to live and work in all 27 EU countries.

In general, you will most likely not be able to apply for an FLR(M) extension unless you can prove that you don't meet the requirements for ILR (i.e. you don't meet the 2-year residency requirement or haven't taken the KOL test).

So as an example of the different scenarios:

ILR
- You apply for ILR after 2 years in the UK. You get basically the same rights as UK citizens, except for being able to vote.
- You leave the UK to live in the US
- You decide to move back to the UK a year later... and you can move right away with your ILR and have permanent residence again immediately.

FLR(M) extension
- You extend your FLR(M) (which costs almost as much as ILR)
- You leave the UK to live in the US
- You decide to move back to the UK a year later... but you don't have ILR, so you have to start the visa process from scratch again - spousal visa, 2 years in UK, apply for ILR after 2 years.

UK citizenship
- You apply for ILR after 2 years in the UK
- You apply for UK citizenship a year later
- You leave the UK to live in the US
- You can return to live in the UK (or any EU country) on your UK passport whenever you like for the rest of your life.

Whether you go for ILR or and FLR(M) extension, you're still going to be shelling out about a thousand pounds... but surely it would be better to use that money to get a visa that gives you permanent residence, more rights and the chance to return to the UK and keep the ILR, than to just extend a visa that is just temporary, doesn't give you permanent residence or any more rights and will expire?

ohhh ok well ILR does sound better

What you wanna live in the US for? It sux bud Wink

because my partner has always wanted to live there, and at some point we wanna have a family she doesnt wanna raise our kids in Scotland. we both know living in Scotland is only temporary, something we've always known we just have to plan it right

All the same, you'll be better off getting ILR and citizenship so you always have your options open.

Ok, it's my turn... I have been approved for my spousal visa! Finally, I can breathe and sleep again. 
Let's see, sent my app overnight on 9/17
 App was received at the NY consulate 9/19 by B Robinson
I got my first email 9/21 saying that it was rec'd,
second email saying that it had been assigned to an officer 9/26
 and my third email this morning saying that my visa has been issued and I did not pay for priority.

I fretted and sweated this one out and didn't have to after all. I AM REALLY MOVING TO THE UK! I am so flipping happy I could just burst.

OMG how exciting MAJOR congrats are in order for you When do you leave?

 We leave in January.

Congrats!

Congrats good luck in the UK x