VeryVeritas

Hi,

I have been reading the forum and searching for information and have learned a lot. However I cannot find information or a thread on my particular questions so here goes. And if I missed something, feel free to point me elsewhere...

Will be accompanying my husband and daughter, both Brits, to the UK later this year. My husband and I are pensioners and my daughter is just beginning her post uni career, will probably work towards an advanced degree first. My husband is healthy but is into his 7th decade. He did have a recent health blip which is the basis for my first question. We do not plan to return to the US. It appears it will be a number of years before I can apply for permanent residency.

I am not clear on a lot of things--like how often I can travel to the US during this period without endangering my status for starters--but I most wonder: what if something happens to my husband who is my sponsor and he predeceases me? Am I cast from the country? Can my daughter pick up where he left off? If she can successfully sponsor me is the clock reset in terms of the waiting period? I have excellent retirement resources and will not be a burden on the state's social welfare or health services and in fact will be a strong contributor to the economy. But increasingly I see in other countries that it is being made more difficult for children to sponsor older parents, or at least that is my impression. The UK does not appear to have a program to accommodate non UK citizen pensioners, either. Whatever happens in life, I/we want to be near our only child. I don't want to have to split my time in the country and I don't want to put our child in the position of having to leave her home and likely career to be with us if anything happens, either.


Many thanks!

BritInParis

It takes a minimum of five years before you can achieve Indefinite Leave to Remain (settlement) in the UK. During the first four years you can spend up to six months outside the UK in any given year without endangering your path to ILR; that is the majority of your time should be spent in the UK. In the final year before you apply for ILR you cannot spend more than 90 days outside the UK.

Should your husband predecease you whilst you are in the UK on a spouse visa but before you are eligible for ILR then you get to skip the queue and apply directly for settlement. The English language requirement, Life in the UK Test, residency and financial requirements are all waived. Your daughter would not be involved in this process.

DernierVirage

Very interesting....I just told my wife about this and she has already decided to take me bungee jumping this Saturday.

BritInParis

Yes, reveal this fact to your foreign spouse and you'll quickly discover whether she just married you for the visa

robin1234

OMG I should cook all the meals from now on

VeryVeritas

Thank you. Am hoping I never have to exercise that option...but it is a relief to know there is a safety net.

While we are on this topic, is it possible for an adult child living in the UK to sponsor a parent for permanent residency as well? Our daughter is a citizen by descent I gather as she was the product of an offshore liaison .

BritInParis

Not unless you are dependent on her which it sounds like you are not. It wouldn't be necessary as your husband can sponsor you and should the worse happen you are covered.

spouse of scouse

My husband doesn't know it yet, but he wants to join you

DernierVirage

feelbritish

My OH would be "death by pork pie" lol. Only joking of course but this is a subject I thought about the other day when he was ill with his annual bronchitis. It is a relief to know you will not be deported.