ElaineUSAUK

Hello,
I could REALLY USE some input from anyone out there who actually is familiar with Consular Processing vs. Adjustment of Status for the UK:
1. USA Spouse married over 10 years to UK Spouse(now UK and US dual citizen). We lived in the USA during this time.
2. USA Spouse and teenage daughter obtained Leave to Enter Visas.
3. USA Spouse instructed to come to UK to sit for Life in UK test prior to entering on UK VISA Leave to Enter.
4. USA Spouse came as "visitor" for a week, prior to visa validity dates, passed L in UK test, and received certificate.
5. USA Spouse Mum (USA) and daughter while under 18, entered England, presenting L to E visas, and the L in UK Pass Certificate, and were fingerprinted, and photographed, etc. (as biometrics were also done back in USA).
6. No benefits, and working and filed for NIN and paying the 44% UK taxes.
The Question of the Day is: I (USA SPOUSE) am being told that I am not done here and on my way to UK citizenship/dual... in 2 more years (entered last fall)... that I only have Leave to Enter, multiple entries til x date in 2013. That I have another full petition to file for Leave to Remain. (I thought having Consular Processed, and not being a new relationship... fianceé or provisional spouse) that I would have I LTR.
Any one who can shed any light on this, I greatly appreciate it! Thank you, Cheers!

Mummy in the foothills

I haven't a clue, but I bet the USC's living in the UK over on www.uk-yankee.com will know all about it.

SanDiegogirl

I'm no expert here but do you have something like Settlement Spouse/CP (KOL required) stamped on your visa? Presume you have US passport?

If so then I believe that because you have already taken the KOL test and received the certificate, you can apply for ILR (indefinite leave to remain) immediately and not have to wait the 2 years which is the conditional leave to remain.

You then have another year with ILR before applying for citizenship.


You might like to post this again in the British section of the following forum which handles folks going to the UK

http://www.expatforum.com/

ElaineUSAUK

[QUOTE=SanDiegogirl;10013676]I'm no expert here but do you have something like Settlement Spouse/CP (KOL required) stamped on your visa? Presume you have US passport? YES.

Red-Sea-Angel

It is my understanding that if you have 'Settlement Spouse/CP (KOL REQ)' on your visa, as soon as you fulfil the KOL requirement you are eligible to apply for ILR, without the 2 year probationary period.... see section 2.7 below

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

There are others here who know way more about this than me, so hopefully they can confirm/clarify this for you.

pennylessinindia

IF you have indefinite leave to enter , it is as it states indefinite and you need do nothing but remain in the UK. Should you wish to become a brit cit this can be done after 3 years in the UK and meeting other requirements
There may be a validity on the visa itself this is in line with the passport and once you have a new passport, you could apply to transfer it to your new one but this is not necessary

ElaineUSAUK

Here I go again! I've been told BOTH that I do need to file leave to remain, which is akin to the U.S. Lifting Conditions Off the Lawful Permanent Residence, and is ONLY required for newlyweds (under 3 year marriages while in the process). The UK has 4 years for this group. My Leave to Enter Visa is a multiple entry visa. My Passport is USA. I know about the 90 days per year, and especially year 3 for the BRIT CIT application, and you may file that, I believe 90 days prior to the 3 year mark. My Leave to Enter visa would expire before the 3 year mark, so I would have to file for an extension before it expired were that the case. Right now, I have been in the process of preparing the SET(M), and as it requires so many important original papers, and right now my English spouse and I are travelling back and forth, he will need to bring some of the papers back on his next back and forth as it is prior to mine. This really is less than straightforward, and I am extremely familiar with US immigration process, and even did all the emigration for my teenager and my visas, and once in order, they went through like lightning! Thank you for trying to help me, good karma to you!