chinooko

I posted last year about getting UK citizenship [via S.3(5) BNA 1981] for my two US citizen children given that I am a UK citizen by descent living in the US (US & UK passport holder). My US citizen husband and I had hoped to temporarily relocate to the UK as a family for 3-4 years (applying for settlement visas via Cat D savings route) for this purpose but my husband is no longer able to relocate for the 3+ years required.

At this stage I am exploring the options of moving temporarily (1-2 years) with the children (to widen our children’s cultural experiences and be near ailing/ageing relatives) but with my husband continuing to work in the US and coming over every 3-4 months for visits. I understand this arrangement negates our ability to pursue UK citizenship for the children and husband but is it even possible?

- Can I apply for ILE settlement visas for the children WITHOUT also sponsoring my husband for a spousal visa? I know going from ILE→ILR→citizenship would not be possible without my husband living with us in the UK (with minimal absences) on an appropriate visa. I also understand that settlement visas are granted with the assumption that the family is relocating permanently to the UK.

- If we did apply for a spousal settlement visa and ILE settlement visas for the children (via Savings Route Cat D), do the forms require information about my husband’s employment? There is also a possibility that he could take a year leave of absence from his work to move and live with us.

- If we were granted the spousal and ILE visas (valid for 2.5 years), would there be a restriction on my husband’s travel in and out of the UK? (i.e., could he come over 3-4 times a year from the US without jeopardizing this visa?). Again I understand this arrangement would mean we wouldn’t be able to get citizenship given the time required for living in the UK.

Hope I have made sense. Perhaps grasping at straws here but wanted to explore all available options before giving up‼

Thanks for any help with this.
(and hearty thanks to BritInParis who so articulately outlined our options in original scenario)

HKG3

The short answer is NO. According to UK Immigration rule 297 -

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) does not fall for refusal under the general grounds for refusal.

The only way for children to get ILE is to continue family life in the UK for the whole family.

chinooko

Thanks HKG3, question 1 seems sorted!

Hoping others may have insight into the other queries.

Thanks again for your response.

SanDiegogirl

-If you apply for a settlement visa via the Savings route, your husband's employment is irrelevant. The form will ask for information regarding the applicants employment (if any) but applying with savings means you can provide the barest of details.

- there would not be any restriction on how many times your husband enters and leaves the UK with his spouse visa. He might get questioned at immigration as to why he has a spouse visa and is obviously still living in the US, but no major problems I should imagine. Yes, you are correct, such an arrangement will not lead to citizenship (it will also not lead to the usual renewal at 2.5 years)

chinooko

Thanks SanDiegogirl. I feel a bit reassured about possible success if we went this route. I appreciate your time and response.

BritInParis

Slight correction to an otherwise excellent post. The OP's husband can renew his spouse visa at 2.5 years but unless he has spent enough time in the UK he won't be eligible for ILR as normal at the end of five years. He can keep renewing his spouse visa until such time that he does qualify.

SanDiegogirl

Thanks for keeping me straight ......

chinooko

Thank you for the response and clarification, BiP.