LuccaGirl

Hi All, I am an American with an indefinite leave to remain visa (obtained through my British husband.) We are starting the greencard process so that we can move to America sometime soon. However, it has taken me ages and lots of money to receive my indefinite leave to remain. I would like to keep my visa valid so if we decide to return to the UK. I believe that there is a window of two years before it becomes invalid. We do have a Britain born child.....
Any tips or advice welcome!

Just a note, I don't think I want to pay the high fees and become a citizen.

thanks!!
angie

ian-mstm

Actually, you are starting the "immigrant visa" process.


As you say, you have up to 2 years before your status is deemed abandoned (this is different from your visa being invalid). If you return to the UK, your husband will effectively abandon his status in the US as a PR. So, you can't have it both ways. The only way to maintain the ability to freely move back and forth is for you to become a UK citizen and your husband to become a US citizen. Only then, can you both move back and forth with no immigration issues.

By the way, this was answered a week ago: http://britishexpats.com/forum/showthread.php?p=8998900.

Ian

LuccaGirl

Thanks Ian, I wasn't notified that you and Rene responded.

Huhm, I remember reading that the visa will not be considered 'abandoned' if you have family ties to the UK, and having a British born child would be a good one.... I will have to do a little research.

I will let you know if I find that info......

fatbrit

Why not just naturalize? Much easier than hanging on by a thread.

Rete

Not everyone here is British and since we deal primarily with US Immigration you might not get a clear response to your questions about LTR.

But if you take a rational, logical look at things, you can't be resident of two countries at one time. While you can pay taxes in both countries, you will only be considered a resident in one and a non-resident in the other.

Some countries will take it that once you have applied for residency in another country, then you have abandoned your residency in their country.

Stay in the UK, become a British citizen and then you don't have to worry.

avanutria

But presumably your British-born child is coming with you to the US? I don't know if he would be considered a link to the UK if he is dual-citizen himself and not living in the UK.

Is the fee the only reason you don't want to get your citizenship, or are there other considerations? I got my UK citizenship and I'm very glad I did. It'd cost a lot more to have to reapply for a spousal visa and then ILR should we ever want to move back to the UK, plus if (heaven forbid) anything should happen to my DH I could move back to the UK on my own if necessary.

Qube

Is there a clear article about dual citizenship? My wife only just got her ILR this year because she didn't believe me that she could get dual citizenship, although this was before we were planning on moving to the US next year.

rpjs

Rich Wales' dual citizenship FAQ is pretty comprehensive: http://www.richw.org/dualcit/

ian-mstm

Many of us here have dual citizenship. If that wasn't possible, our kind wouldn't exist!

Ian

Qube

That's what I've been trying to explain!

I know the rule is if your away for 2 years, but in terms of a practical sense, how can they really tell? I mean, if you come back for a holiday every so often and you have a stamp in your passport, what's the difference? Not saying I want to cheat the system, we'll probably look into getting my wife naturalised before we leave, but I'm curious.

LuccaGirl

Yes, our son would be coming with us It isn't as much that he was born here in the UK, but more that his whole paternal side is here.
I have found the info that I was looking for about family ties on
http://www.ukba.homeoffice.gov.uk/se...ningresidents/

Quoting: ''If you have been away for more than two years, you may still qualify to return to live in the UK if, for example, you have strong family ties here or have lived here most of your life.''
However, that is still pretty vague and left to their discretion I presume.

Well, the fee is part of it, but I have never really even considered it. And now, it is whether it is a realistic goal since we are looking into moving mid 2011. I am not sure if I have time to do what is necessary (not that I have looked into it in depth yet.)

LuccaGirl

That is exactly my question Qube! That is why I posted it here...I agree, there has to be a loop hole, if you visit often enough, keep your bank accounts open, have family.....

Rete

At first glance when you re-enter the UK after a trip aboard, and this can be used for a re-entry to the US as well, the agent inspecting you will not have much of a clue how long you have been outside of the country you have legal residency in.

However, it does not have to be something glaringly obvious just a suscipion on their part to undo you. How will the government know? They will look at the facts? Filed your tax return? How? Resident or non-resident status? Have a home in that country? You own a home but it is leased out? Or you lease an apartment? Do you play utilities? Where do you work? Where do the children go to school. For the UK are you paying into the NHS? For the OP and qube, it is a matter as simple as emigrating to the US with your UK spouses. They had to get and apply for a US IR-Visa. Bingo! You don't live in the UK anymore.

One has only to think rationally about things. What consists of actually living somewhere that would prove you are living there if questioned.

avanutria

Yes...my links to the UK are that I spent 5 years there as an adult and have elderly in-laws and a couple of brothers-in-law living there...I doubt that would be considered strong family ties.

I can't stress enough how useful it will be to have that option. I became eligible to apply for citizenship in...let's see, February 2008, when I got my ILR (I had already met the residency requirement so I just had to be out of the jurisdiction of immigration). I am sure I applied right away and had my oath ceremony in November of that year. I think I delayed my Life in the UK test for a bit due to being away on holiday, which lengthened the process. So if you start now you may have enough time.

LuccaGirl

WEll, then I will look into it. I already have my Life in the UK test done, and I have lived here since 2007 on a spousal visa, but I received my ILR in only the summer of 2009. I will have to look and see if I am eligible....
thanks!