rachococo

Hi, I was looking for some advice/shared experiences. I am UK citizen and my husband is American with ILR in UK. We moved to the USA 2 years ago I have a greencard. We have a daughter with dual citizenship. I have been offered a funded doctorate at a University in the UK and we want to return this August. Which means we will be just over the 2 year period, although we did return to the UK for a family visit at Christmas for 2 weeks. I am confused about the new laws. It seems many people have been unsuccessful when applying for 'Returning Resident status' and wondering if we need to do anything, or if the ILR will still be valid.
Thanks so much

Noorah101

Regarding his ILR validity, you'll probably need to visit www.uk-yankee.com with that question. This forum is for folks wanting to go into the USA.

If you anticipate being outside the USA for up to 2 years, and you want to maintain your US PR status, you should file form I-131 and go for the biometrics test before leaving the USA. This gives you a "re-entry permit", which helps you stay outside the USA for up to 2 years without abandoning your PR status. However, you still must take all the steps possible to maintain your PR status (the re-entry permit alone doesn't do it). You must file a US tax return each year.

The re-entry permit can be renewed for another 2 years.

Rene

rachococo

Thank you!

lansbury

If he has not been a resident of the UK for more than 24 months his ILR is no longer valid.

rachococo

We left the UK in February 2010, visited for 2 weeks December 2011, and hoping to leave to live back in the UK in August 2012.
They didn't ask us in December if he was returning to settle or not, but we went through as a family and myself and my daughter have UK passports. However, it seems they stamped his passport with a six month visitor stamp - we didn't consider this at the time.
As we visited without being asked, is it likely the same will happen? Do they computerize visitor stamps for ILR holders?

Noorah101

Wait...you're going back to the UK to live? Permanently? Or temporarily?

Rene

lansbury

When I was working alongside immigration at Heathrow if they saw an ILR in the passport, they always asked "How long have you been out of the UK". That 6 months visitor stamp will cause them to ask even more questions if they see it.

I have seen them refused entry to an expired ILR holder when they said they were returning to live. If he left in Febraury 2010 he ceased to have vaild ILR in February 2012. You problem is, if challenged, can you show he was resident in the UK within the 24 months proceeding his return. If it was me, and having spent 10 years alongside immigration officers on entry and exit controls before I retired, I wouldn't chance it. They might let him enter as a visitor, but that does you no good as he cannot change status while in the UK.

The best and safest way is to apply again, from scratch, for a spousal visa for him.

rachococo

We are going back to live permenantly - hopefully! I am getting really scared now. We are really low on funds, and I will be classed as a full time student for the three year training program, and we are uprooting my daughter again.
Is there no other visa options apart from starting from scratch? I heard about the 'Returning Resident' but also heard they are rarely issued.
If we did start from scratch can we do it from the USA, how long would it take on avaerage, and what fees are invovled?
Thanks so much for your advice Iansbury.

Noorah101

OK, in that case, never mind what I said about the re-entry permit for you. I thought you were only going there to do your schooling, and then returning to the USA to live. If you still think you might do this, go ahead and obtain the re-entry permit, just in case...you can make up your mind during the next two years. But keep in mind that you also need to keep proof that the USA is your permanent home, and that your stay abroad is temporary, and you'll need to do a US tax return each year.

www.uk-yankee.com would have that answer better than here.

I've heard of that visa in regards to a UKC / US PR who is trying to live in the USA again after a lengthy stay outside the USA. I do not know if they the same thing for USC / UK PR who is trying to get back to the UK.

www.uk-yankee.com

Rene

lansbury

I am no expert on immigration. I was a Special branch officer who worked alongside immigration so picked up a working knowledge. Can I suggest you call the visa officer at the local British Consulate and run it by them, and see what they suggest. The visa officers are all UK immigration officers, or were when I was working.