What do you tell Border Control?

Hi all, kind of a random question I guess...I got my British citizenship last year and we are moving to the UK later this year from the US. I am also a US citizen, my family are all US citizens (only).

When we arrive, I will go through the normal UK citizen line on my British passport and just say I'm coming home (unless I should say something else?).

My family will have to go through the normal line for non-UK/EU folks but what should they say? They're just coming for a visit? We will be applying for their visas shortly thereafter but since US citizens get 6 months in the UK without a visa it won't be right away (they will go back to the US and apply for them there, at some point before the 6 months is up). But I'm afraid if they say "we're moving to the UK" they will get stopped.

Have any of you ever done this? What did you say?

Lastly...I know this sounds dumb but as a citizen, I can now just turn up whenever I want, I don't need any reason why? I've just heard so many horror stories about folks getting stopped that I want to make sure I don't overlook something...

-Ben

You all need to go through the same line together, just as before.  Ask the person directing the line if you should all go through the EU line or all go through the "other passports" line.

You *may* encounter difficulties with your family coming at the same time without visas.  Without applying for visitor visas in advance, you'll need to ensure the Immigration Officer knows they are coming for tourism and not to try to live in the UK without a visa.  Make sure everyone has:

A return flight
Evidence of a home that will be maintained during their visit to the UK
Evidence life to return to in the US (employer letter granting time off of work)
A strong understanding of the immigration rules

Are your children school age?  How will that work as they cannot be enrolled in school?  Also please be sure to carry excellent travel insurance for your family as they cannot use the NHS while here (they will need to pay for any treatment received to apply for their settlement visas).

Our family has a mix of passports and it doesn't matter what line we stand in, the border guy always has a moan.  How would you know you are back in the UK if somebody wasn't moaning?

Once we didn't bring the kid's French passports and only had their American passports.  Of course they didn't have any Visa or anything and we were telling the border guards that the kids were staying because they lived there, the border guards were not happy and were giving us grief.  My wife and I had the right Visas and passports so I told the border guard I was going to get my luggage and they could keep the kids.  Half joking, I said that they hadn't had lunch yet and would certainly need that taken care of right away.  Suddenly everything was fine and they let us go!


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Thanks guys. My understanding from reading the visa documentation is that they don't qualify for a settlement visa (yet)...they'll have to live in the UK for a minimum of 5 years first. In other words, there's no via to apply for in advance...and correct me if I'm wrong, but as US citizens they don't need a special visa to stay for up to 6 months?

The longer term option available to them is the "family of a settled person" visa. This is the one they'd apply for when they go back to the US.

There are a few flavors to this visa but in any scenario, I have to already be settled in the UK for them to apply for it (I'm the "settled person"). We want to minimize the amount of time we're apart, hence the idea to have them accompany me over as visitors, we'd get the house sorted and all that, then they'd go back to the US and apply for their "family of a settled person" visas. The only time we'd have to be away from one another is the time they'd be back in the US waiting for their visas to come through (6-8 weeks on average).

It's true the overall plan is for them to move over but their initial visit would be just as visitors. So in that regard I feel like that's what they should tell the border agents. Does that make sense?

KFdancer the kids are currently schooled at home so no issues there. Great point about NHS though, hadn't thought of that...we'll sort out some emergency coverage till they're back with their visas and will then be able to get on NHS.

I hope that clarifies...I don't want to do anything illegal I'm just hoping to avoid a scenario where I have to go over alone and get everything set up on my own.

A settlement visa is a visa that leads to settlement.  Don't confuse that with Indefinite Leave to Remain.

No, you do NOT need to move to the UK ahead of your family.  You just have to be settled - which by holding a UK passport you meet that requirement.  What you do need to do is meet the financial requirements to sponsor your family.  Do you have a job lined up in the UK?  Or will you be using savings to qualify for the visas?  They can apply for their visas and move at the same time as you instead of being apart if you meet the qualifications.

US citizens *can* come to the UK for up to six months as visitors for genuine tourism purposes.  The immigration officer at the border can stamp your family in for as little or as long as they want (up to six months).  If you choose not to apply for visitor visas in advance, you'll be leaving the decision up to the Immigration Officer on the day.  Just be sure you have strong ties back to the US showing that they will leave by the date on their return flights and you will be fine.

Gotcha, thanks. Yes on the income front we are sorted. Whether we apply for the family visa within 6 months of arrival (in which case we have to meet the income requirement over the previous 12 month period) or after, we are above the thresholds. My existing US job will just continue there. Based on my reading it doesn't matter where my job pays from, only that (once converted to GBP) I am above the thresholds.

OK that's an interesting thing you said, that I'm settled by having a passport, even if I'm not physically there...and that means they could go ahead and apply for their family accompaniment visas now. That's not something I've seen before now so I will definitely look into that. All along I've assumed by "settled" it meant I had to be there first. I will investigate on gov.uk but if you can point me to something specific that clarifies this definition please do.

Alternatively, sounds worth looking into the family visa, I like your point about sorting the justification in advance as opposed to leaving it up to the border agent (in a sense...I know they always get the final say). I think the family visas are 300 GBP or something each so perhaps worth the money for the peace of mind.

That said if I can truly do the family accompaniment visas in advance then that's  the way to go!

OK that's an interesting thing you said, that I'm settled by having a passport, even if I'm not physically there...and that means they could go ahead and apply for their family accompaniment visas now. That's not something I've seen before now so I will definitely look into that. All along I've assumed by "settled" it meant I had to be there first. I will investigate on gov.uk but if you can point me to something specific that clarifies this definition please do.

Yes, if you meet the requirements now, then you can just apply for their visas now and all move to the UK together. Though you do need to show that your US job will continue in the UK.

'Settled' just means you have the indefinite right to live in the UK. You are a UK citizen...so you automatically meet this requirement, regardless of where you are currently living.

In fact, there is a specific section of the application form and of the financial requirements for people who are UK citizens who are living abroad at the time of applying for the visa and returning to live in the UK at the same time as the visa applicant.

The only confusion is over the phrase 'present and settled' in the UK, which is covered here:

GEN.1.3. For the purposes of this Appendix

    (a) “application for leave to remain” also includes an application for variation of leave to enter or remain by a person in the UK;
    (b) references to a person being present and settled in the UK also include a person who is being admitted for settlement on the same occasion as the applicant; and
    (c) references to a British Citizen in the UK also include a British Citizen who is coming to the UK with the applicant as their partner or parent.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members

Wow, what a beautiful bit of info. That changes everything! Thanks so much for clarifying. I thought I'd read every shred of info they had on there but I missed that bit. Definitely hope to go that route then.

Thanks so much ksand24 and KFdancer! And to everyone that replied!

As you meet the requirements DEFINITELY get the visas in advance.  Save tons of stress and money!  The only tricky part will be that you'll need to have an address as accommodation.  Is your company providing temporary housing?  If not, you may need to look into a long-term let (even Airbnb works).

If you look at the guidance, it's very clear.  The scenario about returning from overseas is a good one.  Have a look at page 21.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

The visas are VERY expensive.  I'm guessing you know that already.  As of March 18th, it will be £1,195 + £500 NHS levy per person.  The fee this time last year was £601.  No telling when the fee increases will stop.   

x-posted with ksand

The fee this time last year was £601.  No telling when the fee increases will stop.   

Quick correction - it was the FLR(M) fee that increased from £601 to £649 last year and is increasing to £811 on Friday, with an NHS levy of £500 per person.

The initial spousal/family visas that the OP will be applying for were £885 last year and increased to £956 in April 2015, and are now increasing to £1,195 on Friday March 18th, with an NHS levy of £600 per person (not £500).

So, you're looking at £1,195 + £600 = £1,795 per person for the visas.

On this day last year it cost £601.  No matter how you calculate it, it is a HUGE increase!

And I totally forgot that it's £600 for the initial visa for the NHS levy.   

Yeah the housing bit is the outstanding question. You do raise an interesting point...all my mom's family are there and are happy to put us up temporarily. Accordingly could I not just list their address for accommodation? It would be legit if they checked it out, family would just say yes they're staying with us till they get settled and get their own place. It must not have to be a place in my name, if Airbnb is an option?

The visas are eye-watering! Sad to hear they're going up but we have set aside money to cover them. Better sort them quickly before they go up again!!!

Yes, you can stay with family and use their address for the application as long as the house will not be overcrowded.  You'll need a letter from them granting you permission to stay, their land registry document, and a mortgage statement if they own.  If they rent, you need a letter from the landlord stating that you can stay with them.

Those visa fees only cover the first 2 1/2 years.  You'll get to do it all over again then.     And then again after another 2 1/2 years.  <sigh>

  But that third time will hopefully be their application for settlement visas (since that'll be the 5 year point), so there won't be a fourth! I know there's a 10 year path too but I haven't looked into 5 year vs 10 year differences yet.

On this day last year it cost £601.  No matter how you calculate it, it is a HUGE increase!

Yes, it is a huge increase, but on this day last year, a spousal/child dependant visa cost £885.

A spousal visa hasn't been as cheap as £601 for several years - it was £515 in 2008 and up to £750 by 2011.

But that third time will hopefully be their application for settlement visas (since that'll be the 5 year point), so there won't be a fourth! I know there's a 10 year path too but I haven't looked into 5 year vs 10 year differences yet.

By the current fees (which will obviously keep increasing), you've got:

First visa, valid 33 months = £1,195 + £600 NHS levy = £1,795 per person

Second visa (FLR(M)), valid 30 months = £811 + £500 NHS levy = £1,311 per person

ILR visa (permanent residence) = £1,875 per person

UK Citizenship after gaining ILR =  £1,236 per person

So, in total, based on current fees, you're looking at £6,217 per person to get to citizenship.