rlumsden7

Hi All,

I'm new to the site therefore apologize if my question(s) have been answered in previous threads, but I thought I would start a new one in hope that someone could help me directly.

The background to my situation is this:-
I'm working and living in Houston Texas. I have been here 4 years out of a 5 year visa (E2). My wife is a US citizen and before I apply for a green card we want to live in the UK to spend sometime with my family before settling down for good in the US. Ideally we want to live in the UK for somewhere between 12 to 24 months so we are not thinking long term. I will work, my wife will not. She may however do some voluntary work - not sure how that is viewed with regards to immigration etc.

Given the above information, has anyone done this and does anyone know what type of visa (if any) we should apply for? We definitely will not be staying long term - are there extended stay/visit visa's available?

I would greatly appreciate any information or advice.

Thanks,

Richard

SanDiegogirl

Start here:

http://www.ukba.homeoffice.gov.uk/vi...ners-families/

Believe you will need to obtain a spouse visa.

She can visit the UK for 6 months with a US passport as an alternative.

How will you then relocate to the US after, say, 2 years when your E5 has expired?

rlumsden7

Hi SanDiegogirl,

Thanks for the reply/link - I had a look at the ukba site earlier but I was under the impression that the spouse visa was for people wanting to return to the UK and live there permanently. The first couple bullet points of the following page states the permanent residence....

http://www.ukba.homeoffice.gov.uk/vi...can-you-apply/

I was thinking that my wife would apply for a work visa (work = paid or unpaid, inc. voluntary) and that would cover her to live in the UK with me for the year to 2 years.... I don't believe there is anything that states a husband and wife MUST apply for a spouse visa to live in the UK....? Any thoughts?

With regards to returning to the US after our time in the UK - I plan on applying for a green card whilst in the UK (I believe this can be done) or my agency will obtain another E2.

rlumsden7

Hi SanDiegogirl,

I thought I had responded to your message, but for some reason it didn't post....

Anyway, thanks for your reply and the link you provided. I read some information detailed within the ukba website earlier and I was under the impression that a spouse visa were for people looking to live int he UK permanently. One of the first couple bullet points of the following link states you can apply if "returning to the UK with you to live here permanently (if you are currently outside the UK)."

http://www.ukba.homeoffice.gov.uk/vi...can-you-apply/

I was thinking that my wife may apply for a work visa (work is defined as paid or unpaid work inc. voluntary work) as there does not appear to be anything stipulating that a husband and wife need to apply for a spouse visa.... What are your thoughts on this?

With regards to relocating to the US after our time in the UK - I'm not too concerned about this just now. We will either apply for the green card whilst in the UK (I believe this can be done?) or my agency has agreed to apply for another E2 when I need to come back - my line of work is in steady demand here in Houston however I do appreciate things can change fairly quickly! FYI It is oil and gas offshore engineering/design I do.

Thanks again for your response, it's greatly appreciated.

SanDiegogirl

As I understand it work visas are based on the worker being sponsored by a UK company who has already offered the applicant a job and then the applicant can apply for the relevant visa.

Most of the work based categories of visas are points based for immigration purposes.

Look here to see what work visas are available:

http://www.ukba.homeoffice.gov.uk/vi...ation/working/

There is no visa for doing voluntary work; however in order to remain in the country your wife would need a visa. If not a working visa, then a spouse one.

You don't have to remain in the UK permanently; however it provides entry to the country and, should you decide to stay, eventually to Indefinite Leave to Remain.

SanDiegogirl

When the visa article refers to people living in the UK 'permanently' it is describing those who are living in the UK on a long term basis, as opposed to those either on vacation, a quick business trip, on a conference etc. for example: students on a three year student visa are regarded as living in the UK on a permanent basis during those three years.

Even if you intend to leave after 12 months, 2 years etc during the time you are living in the UK on a legitimate visa you are regarded as living there on a permanent basis.

rlumsden7

Thanks for the clarification on the 'permanent' statement - makes sense now! Thanks

Another question for you - are you familiar with the immigration status regarding visits? By this I mean, if a USC was to visit the UK for 3-6 months as a general visitor, how long do the need to stay out the country before they can re-visit for another 3-6 months? I ask because my wife will probably fly back to the US to visit her family say every 3 / 4 months so if that 'reset' the clock then that would help us i.e. she wouldn't need a visa. Any thoughts on this?

I'm just trying to understand all the options available to us so that we can make the best decision given our situation/circumstances.

Thanks again for all your assistance,
Richard

SanDiegogirl

There is no set of rules laid out in the manuals. However based on anecdotes its the same 'rule of thumb' as visiting the US.

When visiting on the VWP program stay out of the country for as long as you remained in there. So if wife is going to spend 3 to 6 months as a general visitor/tourist then she needs to stay out of the UK for, say, at least,3 months before attempting to visit again as a tourist.

Frequent trips using the VWP will raise suspicions with the POE official that said visitor is actually "living" in the UK.

Another thing to take into consideration is that unless wife is deemed permanent resident in the UK she is not eligible for NHS services.