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Topic: Once Married to a Brit, had Indefinite Leave to Remain Status - want to come bac  (Read 991 times)

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Hi.  From 1992 - 2000, I had an "Indefinite Leave to Remain in the U.K." stamp in my US passport, as I married a Brit and came to The UK to live there.

I have since divorced him, married another Brit in the U.K., and we went through the US immigration process for him to move to America with me so I could be with my elderly parents. 

I am now living in America - Brit #2 who immigrated with me to the US in 2000, bailed on me.

I would like to move back to the U.K.

My question is, is since I was once issued an Indefinite Leave to Remain status in the U.K. (I would have applied for duel citizenship at that time, but evidently, if you were an American citizen, you would lose that citizenship if you applied to be a citizen of another country), is that Indef Leave to Remain always good for the U.K. if you want to return, or not?  I have a TIN number, too, if that makes any difference.

I would want to move with my fiancé (he is American), so I suspect he would have to go through the immigration process, of course.

If anyone knows the answer to this, could you let me know?

Thanks!

Julie


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Indefinite leave to remains' key word is REMAIN.  As long as you had remained in the UK, you would not have had any trouble.

Once you left the UK and became resident again in the US (two years), your ILR became invalid. 

In order to relocate to the UK now, you would need to find a Tier 2 sponsored work visa or a student visa, though student visas do not lead to settlement.  Work visas are very hard to get but have a look at the shortage list and see if you qualify.

UK is extremely anti-immigration at the moment (Brexit) and they are making it harder and more expensive to move here each year.  Is there another country that you would be interested in living in that may be more open to immigrants?


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I am not sure your thinking on dual citizenship is correct. I know a few people who hold both UK and USA citizenship and passports without a problem.


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It seems to be a relatively common misunderstanding that you lose US citizenship if you obtain UK citizenship.  You can obtain additional citizenships and still maintain US citizenship - the key point is that you lose US citizenship if you obtain another citizenship with the intention of giving up your US citizenship. 

"Section 349 of the INA (8 U.S.C. 1481), asamended, states that U.S. nationals are subject to loss of nationality if they perform certain specified acts voluntarily and with the intention to relinquish U.S. nationality."

Emphasis mine.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html

As mentioned previously, unfortunately, your ILR has expired, and if you wish to move to the UK, you would need to qualify for a visa to do so and start the immigration process from scratch.


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I am not sure your thinking on dual citizenship is correct. I know a few people who hold both UK and USA citizenship and passports without a problem.

This. Dual citizenship was a possibility at the time, although the State Department only really clarified that in 1990 when they clarified that while taking a foreign citizenship is an act that can be used to relinquish citizenship if they then also assert that it is their intent to do so to a consular officer.

The law didn't change, they just made it more clear.


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In order to relocate to the UK now, you would need to find a Tier 2 sponsored work visa or a student visa, though student visas do not lead to settlement.   Work visas are very hard to get but have a look at the shortage list and see if you qualify.

You couldn't bring your fiance on a Tier 2 work visa. The same if he finds a work sponsor, for bringing you to the UK.
https://www.gov.uk/tier-2-general/family-members

The same with a student visa and some of these visas won't allow any dependants at all.
https://www.gov.uk/tier-4-general-visa/family-members
« Last Edit: November 02, 2016, 05:33:02 PM by Sirius »


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You couldn't bring your fiance on a Tier 2 work visa. The same if he finds a work sponsor, for bringing you to the UK.
https://www.gov.uk/tier-2-general/family-members

The same with a student visa and some of these visas won't allow any dependants at all.
https://www.gov.uk/tier-4-general-visa/family-members

If they've lived together for two years (with proof) they could come as a fiancé.   :)


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If they've lived together for two years (with proof) they could come as a fiancé.   :)

 ;D Yes, two years proof of 'akin to marriage' for the Tier 2 dependant.

Not always possible now on the student visas, even for a spouse and their children. There seem to have been more rules for students too recently for renew in country....I can't keep up :P


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