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Old Oct 4th 2017, 9:51 pm   #1
TimG 
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Default US Spouse, UK Move, uncertainty on Green Card

First post, so apologies if this discussion has been had before - likely it has but I do think a few specifics of our situation are somewhat unique(?)

The facts:

- Living in NYC for 3 and a bit years on an L1A visa (which has 2/3 more years to run)
- Recently married to a US citizen
- Child on the way
- Looking to move back to UK next year.

As I understand it, I have enough money (100k+) in savings that neither of us needs to have a job waiting for us to successfully apply, is that right? Given the impending new born we would love to have the option of not leaping right into employment, even though I could get transferred back to our London office and may choose to do so.

Re the process, how long does a 'smooth' application typically take, and how soon after you're 'approved' do you have to move? Is there a specific window and then it expires?Given, once again, the impending child it's hard to know exactly when we'd be in a position to move.

Final (I think), question is about Green cards. I could, as the spouse of a US citizen, apply for one, but have been advised not to bother right now if we're moving back to the UK, as it will complicate taxation and I can always apply later in life if we decide to move back to the US. Is that the right/good advice?

Any answers to any of the above would be unbelievably appreciated. As I am sure many people would agree, the whole process is rather daunting.

Thank you in advance for any thoughts/links,
Tim.
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Old Oct 5th 2017, 4:44 am   #2
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Default Re: US Spouse, UK Move, uncertainty on Green Card

If you have 100K GBP in savings and you have held these savings for 6 months or more then you can apply now for a visa and return to UK together. No need to show employment. You apply for a settlement visa for your wife.

Read the following website carefully to see how to apply:

https://www.gov.uk/uk-family-visa

Apart from financial requirements there are relationship and accommodation requirements.

Are you intending to move before or after the child is born? If after, you'll need a passport for the child.

The process usually takes about 3 months; you can use priority service to speed up the process. Note there has been long delays currently. Once visa is approved you have 30 days to travel to the UK to collect your BRP document.

Little point in applying for the Green card now, if you are planning to move back to the UK. Your Green card would lapse if you were out of the US for over a year.
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Old Oct 5th 2017, 2:24 pm   #3
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Default Re: US Spouse, UK Move, uncertainty on Green Card

SanDiegogirl, thank you so much for the speedy reply and helpful info.

Point taken on the Green Card and that was very much where my thinking was too, so that's helpful to confirm.

Re moving before/after child...that's the million dollar question really. It's early days - the baby is due around the start of May, so we have time to move before if the application process takes 3 months, but we'd need to start asap if we do want to.

Just to confirm, you're saying that you have 30 days from when the visa is granted to move to the UK. is that what collecting your BPR document entails?
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Old Oct 5th 2017, 5:45 pm   #4
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Default Re: US Spouse, UK Move, uncertainty on Green Card

Quote:
Originally Posted by TimG View Post

The facts:

- Living in NYC for 3 and a bit years on an L1A visa (which has 2/3 more years to run)
- Recently married to a US citizen
- Child on the way
- Looking to move back to UK next year.

As I understand it, I have enough money (100k+) in savings that neither of us needs to have a job waiting for us to successfully apply, is that right? Given the impending new born we would love to have the option of not leaping right into employment, even though I could get transferred back to our London office and may choose to do so.

Re the process, how long does a 'smooth' application typically take, and how soon after you're 'approved' do you have to move? Is there a specific window and then it expires?Given, once again, the impending child it's hard to know exactly when we'd be in a position to move.
Tim

If you are not planning to take on a job in the UK given the fact that the little one is on his/her way, I would suggest the family move to Northern Ireland for your wife to give birth in Northern Ireland. The child, being born in Northern Ireland with a British Citizen parent, will be entitle to Irish citizenship as well - a useful thing to have after Brexit.

Another point is that airlines would not allow women who are in the advance stages of pregnancy to fly. You need to watch out for that!
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Old Oct 5th 2017, 5:51 pm   #5
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Default Re: US Spouse, UK Move, uncertainty on Green Card

Your wife will have 30 days to enter the UK from the travel date you indicate on the application form (which can be up to three months in advance of the date of application) or 30 days from the date your wife's visa is granted, whichever is later. Once in the UK your wife will then have 10 days to collect your BRP from the Post Office.

HKG3 makes a good point regarding giving birth in Northern Ireland.

Last edited by BritInParis; Oct 5th 2017 at 6:13 pm.
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Old Oct 5th 2017, 7:11 pm   #6
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Default Re: US Spouse, UK Move, uncertainty on Green Card

Hugely helpful both of you thank you. We have family in London though and would be moving there right away, so although the N. Ireland suggestion is very clever it's probably not viable for us.

Oh and yes HKG3 we definitely wouldn't be flying in the later stages of pregnancy, so the move is a case of very early next year or well after the baby is hopefully born.

Last edited by TimG; Oct 5th 2017 at 7:15 pm.
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Old Oct 5th 2017, 8:12 pm   #7
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Default Re: US Spouse, UK Move, uncertainty on Green Card

Quote:
Originally Posted by TimG View Post
Oh and yes HKG3 we definitely wouldn't be flying in the later stages of pregnancy, so the move is a case of very early next year or well after the baby is hopefully born.
You should apply for the wee one's British passport ASAP using the link below -

https://www.gov.uk/overseas-passports

Have your child's British passport first before getting your American wife's UK spouse visa.
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