Not Renewing FLR(M) But Need to Stay Past Visa Expiration

Hello,

My spouse visa expires on 7/25/19 but we are thinking of moving back to the US in November/December 2019.  Instead spending the money and experiencing a ton of stress to renew for FLR(M), can I leave the country in July and come back using my US passport like a tourist which allows me to stay for 6 months?  If this can be done,

1.  How long do I need to be away from the UK before I can return? 
2.  Can I just hop on the Eurostar to France or do I need to fly to the US to be more legitimate?
3.  Are there any pitfalls that I am not thinking of?  My husband is a Brit and we travel a lot to the UK so I don't want to be barred from the UK because I have inadvertently overstayed my visa for any  reason. 

Your help is greatly appreciated!

Diane

1.  How long do I need to be away from the UK before I can return? 
2.  Can I just hop on the Eurostar to France or do I need to fly to the US to be more legitimate?

It doesn't matter as it would be up to the border officer to decide if they will let you in to visit, especially as you had been living in the UK, your visa had just expired and you were asking to be allowed to enter again straight away to visit.

You would need to meet the rules for a visitor.

Guide to supporting documents: visiting the UK
https://www.gov.uk/government/publications/visitor-visa-guide-to-supporting-documents

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules


https://www.gov.uk/standard-visitor-visa

3.  Are there any pitfalls that I am not thinking of?  My husband is a Brit and we travel a lot to the UK so I don't want to be barred from the UK because I have inadvertently overstayed my visa for any  reason. 

-They might not let you enter.
-They might let you enter but only give a short time to visit. It's up to 6 months, for non-visa nationals
-If you return to the US to apply for a visitor visa, you will need to state the time you are applying for and although, if granted, that visa will be for 6 months, it can negatively impact on future visits if you stay for longer than you said you would in your application.
-You would not be allowed to work.
-You would need private health insurance to pay the NHS at point of use.
-if you changed your mind when in the US and wanted to return to the UK to live, you would need to start the visa process from scratch.

Thank you Sirius! 

Just be aware that to be allowed in as a visitor you need to show:
- a return ticket back to the US
- enough money to support yourself without working for the entire trip
- evidence of ties to the US you must return to, such as:
 - a home in the US you are currently maintaining and paying for,
 - a job in the US you have been given leave from and you are expected to return to on a certain date
 - immediate family members in the US you need to get back to

As you have been living in the UK on a spousal visa, you are unlikely to have those ties to the US right now, because all your ties have been in the UK for the last 2.5 years (home, UK spouse, perhaps a job)... so the danger is that the immigration officer won’t believe you are a genuine visitor and that you are trying to find a way to continue living in the UK without having to apply for FLR(M).


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My spouse visa expires on 7/25/19 but we are thinking of moving back to the US in November/December 2019.  Instead spending the money and experiencing a ton of stress to renew for FLR(M), can I leave the country in July and come back using my US passport like a tourist which allows me to stay for 6 months? 

The safest thing to do, would be to go ahead and renew your visa, especially as you say you are only thinking of moving back to the US. If you don't renew and decide that you want to stay, you would have to start from the beginning again as Sirius mentioned.

One other thing to consider is the processing time for a US visa. They recommend starting the application process at least 10 months before you want to move back (and November is only 8 months away).

Also, if you want to apply using DCF filing, you, the US citizen, need to be a legal resident in the U.K., either holding a spousal visa, FLR(M) or ILR... and so if you left in July and re-entered as a visitor, you would no longer be eligible to use DCF filing for his US visa... which means you would have to move back to the US to apply for his visa.


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Thank you everyone for your help.  I will definitely be renewing my FLR(M) based on the information provided. 

Sorry, I have one more question.  When we do move back to the US, do I need to notify anyone at the immigration office that we are moving (i.e. not staying the whole length of the visa)?

Thanks!

Sorry, I have one more question.  When we do move back to the US, do I need to notify anyone at the immigration office that we are moving (i.e. not staying the whole length of the visa)?

No, you don't need to notify them.