Does anyone know the implications after divorce?

Hi y'all!

I need some advice.

My long marriage to an Englishman is ending ( arrived 1983) ----- we married in the States ( he had a green card which he surrendered after many years of living back here in the UK.)  I've never taken UK citazenship ( even when it WAS easier )---- all the kids were born here and are dual citazens.

I have the Home Office stamp on my previous Passport - which I was informed to carry with me each time I arrive in the UK as the HO now charges mega bucks (££) to renew on each subsequent passport-- along with my current PP----

So my question is ( still awake?  )

Once we divorce do I lose my right to live here " indefinitely "? Our children and grand children are all here and I've lived and worked here longer than the States.

  Any constructive advice would be ever so appreciated!

Lisa

You do not lose the right to live in the UK because your marriage is ending.  You are allowed to remain regardless.

Thank you for that.

May I ask you how you know this to be true?

I thank you for your time.

Lisa

Do you have indefinite leave to remain?  It is exactly what it says it is.

From the UKBA website:

Indefinite leave to remain

Indefinite leave to remain (often known as 'ILR' and 'settlement') is permission to remain in the UK without any time restrictions on the length of stay. It is not the same as naturalisation as a British citizen and may, in specific circumstances, be ceased or invalidated, for example, if a fraudulent application is uncovered, if the person resides outside of the UK for more than 2 years or as a result of a criminal conviction that results in a Deportation Order coming into force.

Hello Anonymiss

Thank you for your information.

Yes I do have the IRL ---and have always had it----- I THOUGHT that that is what it meant--- I just needed to know if there were any hidden rules----

So---- if I left the UK for over 2 yrs---- I'd lose it? Wow---- good to know---huge news-----so as a caveat to the above--- if I visited regularly---- it remains intact?

What about my Pension that I've paid into for 30 yrs? Surely I will be able to draw on that no matter where i reside?

Thanks

Lisa

So---- if I left the UK for over 2 yrs---- I'd lose it? Wow---- good to know---huge news-----so as a caveat to the above--- if I visited regularly---- it remains intact?

No, in order to keep it valid, you need to come back to live in the UK within 2 years - if you just visit and don't come back to live in the UK, that may actually invalidate the ILR and then you won't be able to move back in the future.

Would you consider getting UK citizenship now? I know it's expensive (about £850), but it would mean you wouldn't have to worry about keeping your ILR valid if you leave the UK.

You would have the same citizenship as your kids (dual US/UK) and you could return to live in the UK any time you wanted (no need to worry about coming back within 2 years) or you could live in any other EU country you wanted to without needing a visa.

If you live outside of the UK for over two years, you in essence 'forfeit' your ILR. If you visit from time to time but actually live somewhere else with no intention to live in the UK, then you really aren't living in the UK. If you became a UK citizen, then you would be able to leave for over two years and still return to the UK to live if you wished.

Your pension is yours regardless of where you live. It can be paid to you anywhere.

Thanks you 2. Clear. Any idea how long it takes to obtain your UK citizenship?

Does one need to take a test, either verbal or written or both like in the US?

Alsoooooooooooooooooooo for something COMPLETELY different-----

If a US/UK married couple want to re-locate to the US ( they've never lived there prior) and one has a wee conviction of an assault (common) on their record from their mis-spent youth--- would it prevent them from being allowed in?

Thanks for any info!

Lisa
 

Thanks you 2. Clear. Any idea how long it takes to obtain your UK citizenship?

I think it's only been taking 4-6 weeks or so to be processed lately, and then you have to attend the swearing-in ceremony after that... but you can attend the ceremony in the US, it doesn't have to be in the UK.

Does one need to take a test, either verbal or written or both like in the US?

Yes, you will need to pass the Life in the UK test in order to apply for citizenship.

Since 2007, the test has been required for both ILR and citizenship - but you only have to take it once, so most people will take it for ILR and then provide the certificate again for citizenship.

However, if you got your ILR years ago, then you won't have taken the test yet, so you'll need to do it before you apply for citizenship.

If a US/UK married couple want to re-locate to the US ( they've never lived there prior) and one has a wee conviction of an assault (common) on their record from their mis-spent youth--- would it prevent them from being allowed in?

Well, it won't affect the US citizen, but if the UK citizen has a conviction, they will need to declare it on the application form and provide a police certificate. There is no rehabilitation of offenders act in the US, so a conviction is never spent according to US immigration and will always have to be declared.

Whether or not it will affect the application will depend on the nature of the conviction, how long ago it was and how serious it was. It would depend whether there are ground for refusal based on that conviction or not.

I have a DUI myself (stupid mistake when I was a student) and I am now required to apply for a visa to enter the US for the rest of my life. I was very worried about being refused a visa because it happened just a few weeks before I was due to apply for a US student visa.

However, other than having a blood test done to prove I wasn't an alcoholic, it turned out not to be a problem. I was granted the student visa and since then I have also been granted 2 visitor visas for the US as well... I have entered the US 7 times on those visas since my conviction with no problems other than a few extra questions.

Wow! I see and i totally understand---- wo you're British and like to visit the States, yes? ( sorry I got lost  )

Well common assault is the lowest type of assault (no blood) and the ramifications were for them to pay the victim £5 a week ( he was a student at the time ) for a year. This occurred 10 yrs ago.

Is it easy for a dual citizen to immigrate with a family to the States in your opinion?

I can certainly see that to become a UK citizen would definitely have it's advantages. I wonder how hard the Test is? My sister in law ironically, has done the exact opposite and now is a US citizen. Funny that.

 

Honestly the Life in the UK test is not bad at all if you buy the study materials. I think I stressed about it a bit much but I finished in less than 5 minutes.

Honestly the Life in the UK test is not bad at all if you buy the study materials. I think I stressed about it a bit much but I finished in less than 5 minutes.

Ditto this.

I took the old test so it was different material, but as long as you study the official material, it's not too hard. Just be sure you bring the correct ID to the test. Quite a few people are turned away because of that.

Thanks y'all!

I REALLY appreciate it!

I can CERTAINLY see the sense of having UK citizenship!!

Where all can you take your test?

Cheers!

Everything you need to know:

http://lifeintheuktest.ukba.homeoffice.gov.uk

Thank you!!

 

I'll let you know how it all turns out!