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Topic: My wife is a british citizen....so does that mean....  (Read 938 times)

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My wife is a british citizen....so does that mean....
« on: October 15, 2014, 07:43:42 PM »
Hello,

American born and raised here, married to a British woman for 15 years.  Just got picked up for a role in London.  I have a few questions that I can't seem to find the answers to:

1.  I know I need a VISA, but what is the timeline (heard 10 business days) given that:
  a.  My wife is a British citizen.  She is also currently a naturalized US citizen, but never renounced her British citizenship.
  b.  She shouldn't need a VISA correct...she still has an NHS number and everything.
  c.  She is a home maker (by choice) and wouldn't be able to provide an income to support the family.
2.  Our kids ages 13, 11, 9 and 4 - would they need VISA's? 
  a.  I heard that because their mother is British they won't need VISA's.  They just have to apply for citizenship.
3.  How soon would I be able to apply for UK citizenship?

Is there any additional information I would find useful / helpful?


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Re: My wife is a british citizen....so does that mean....
« Reply #1 on: October 15, 2014, 07:56:21 PM »
If you have a job offer, you should pursue a work visa. Your wife would need to be your sponsor for a spouse visa, and since she doesn't have an income, you won't meet the financial requirements. Your children should be British citizens by descent, but they will need to obtain their British passports before moving.

Get your London employer to look into a Tier 2 visa for you.

10 days is very ambitious for visa processing, but I don't know the timeframe for Tier 2

You would need to be resident in the UK on a legal visa for 5 years before you can get Indefinite Leave to Remain (ILR). Once you have that, provided you are still married to a British citizen, you will be eligible for naturalisation.
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Re: My wife is a british citizen....so does that mean....
« Reply #2 on: October 15, 2014, 09:15:06 PM »
You would need to be resident in the UK on a legal visa for 5 years before you can get Indefinite Leave to Remain (ILR). Once you have that, provided you are still married to a British citizen, you will be eligible for naturalisation.

This route was closed for Tier 2 ICT a couple of years ago.  But once you are in the UK, you could change to the spousal track using your income.

If you and your wife have £62,500 in savings you can qualify for the visa.  It is much more difficult to move US to UK than vice versa.


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Re: My wife is a british citizen....so does that mean....
« Reply #3 on: October 15, 2014, 09:21:50 PM »
Small observation...

VISA = a credit card, competing with MasterCard

visa = permission to live/visit/etc to visit a foreign country

Good luck with your application!


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Re: My wife is a british citizen....so does that mean....
« Reply #4 on: October 15, 2014, 09:54:37 PM »
This route was closed for Tier 2 ICT a couple of years ago.  But once you are in the UK, you could change to the spousal track using your income.

I said "a legal visa" not "Tier 2 ICT" ;)
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: My wife is a british citizen....so does that mean....
« Reply #5 on: October 15, 2014, 10:02:09 PM »

I said "a legal visa" not "Tier 2 ICT" ;)

Tier 2 (ICT) is a legal visa too.

He either needs a Tier 2 (General) with a Restricted CoS and RMLT. They meet once a month (around the 11th) to award this visa on a resttricted CoS. This visa still leads to ILR after 5 years.

Or Tier 2 (ICT) (which doesn't lead to ILR) and then as KFdancer said, switch (in country) to a spouse visa, using his own salary to meet the financial requirements. The time spent on Tier 2 (ICT) won't count towards the 5 years to ILR.

On a spouse visa, he won't be tied to the employer that sponsored him. I guess he could switch from Tier 2 (General) to spouse visa if he wanted to, but I assume his 5 years to ILR would then start again???

« Last Edit: October 15, 2014, 10:11:04 PM by Sirius »


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Re: My wife is a british citizen....so does that mean....
« Reply #6 on: October 15, 2014, 10:12:15 PM »
I heard that because their mother is British they won't need VISA's.  They just have to apply for citizenship.

Was your wife born in the UK?


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Re: My wife is a british citizen....so does that mean....
« Reply #7 on: October 16, 2014, 02:48:30 PM »
Yes, born and raised in the UK.  Norwich to be exact.


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Re: My wife is a british citizen....so does that mean....
« Reply #8 on: October 16, 2014, 04:33:40 PM »
Yes, born and raised in the UK.  Norwich to be exact.

This means that your children were all born British. Apply for their UK passports.


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Re: My wife is a british citizen....so does that mean....
« Reply #9 on: October 16, 2014, 05:06:41 PM »
Tier 2 (ICT) is a legal visa too.

Yes, obviously, but the OP asked how long it would be until he can apply for citizenship, and the answer is "after five years of legal residence and obtaining ILR". Tier 2 ICT doesn't seem to enter into the equation here at all, so why confuse the issue by mentioning it?

Quote
On a spouse visa, he won't be tied to the employer that sponsored him. I guess he could switch from Tier 2 (General) to spouse visa if he wanted to, but I assume his 5 years to ILR would then start again???

Yes, that's correct.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: My wife is a british citizen....so does that mean....
« Reply #10 on: October 16, 2014, 05:08:27 PM »
Yes, obviously, but the OP asked how long it would be until he can apply for citizenship, and the answer is "after five years of legal residence and obtaining ILR". Tier 2 ICT doesn't seem to enter into the equation here at all, so why confuse the issue by mentioning it?

Yes, that's correct.


I was just letting the OP know that if he comes on a Tier 2 ICT, he will need to change tracks for ILR.  I didn't mean to upset you.   :)


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