boltonboy77

I'm a British citizen currently living in USA with US citizen spouse. Planning to move back mid October. Initially I applied for her to get a long term visitor visa - rightly refused I guess.

So can she apply for a residence card as my spouse from a non EEU country or does she need to apply for a settlement visa? I could not figure this out from all the UK government sites. The residence card application seems much simpler.

BritInParis

Surinder Singh only applies if you (the British citizen sponsor) have been living with your non-EEA spouse in a EEA member state immediately prior to your application.

boltonboy77

Thanks, I knew it seemed too easy :-(

Pulaski

Not just living, but being settled there, which is usually taken to mean a minimum of six months and to have "ties" including a home and a job.

Is there some reason why you didn't go for the settlement visa for your wife in the first place?

BritInParis

I was keeping it general, but yes, you need to have been working and 'moved the centre of your life' to the EEA member state in question which usually means a minimum of six months and evidence of integration.

SanDiegogirl

You said in your first post that you wanted to return to the UK to help out with your daughter's baby, and that you MIGHT want to stay for longer than 6 months.

Since you don't know whether you will stay for longer than 6 months, and presuming you do not intend to purchase property in the UK as soon as you get there AND presuming you have a residence still in the US, why not just visit and rent for 6 months and then decide if moving over on a permanent basis is in the cards?

Your wife can't stay for longer than 6 months; the only option open to you is the settlement spouse visa to stay for anything longer; the Surinder Singh route is ridiculous in your case.

So why not just visit for 6 months and then see what you want to do.

boltonboy77

Well to my simple mind I read this on the UK Gov Visa website:
"You can also apply for a long-term visit visa if you can prove you need to visit the UK regularly over a longer period. You can stay for a maximum of 6 months on each visit and your visa can last for 1, 2, 5 or 10 years." And since we now have adult children living permanently in the UK and USA, figured we'll be not so much as "settled", but bouncing back and forth between countries, sometimes staying for more than 6 months in a 12 month window.

boltonboy77

Agreed - the only catch is we were in UK from mid-January to mid-May (4months) earlier this year (for new baby visiting) and now want to return mid-October for at least 4 months "babysitting". So are we caught in the "can only visit for 6 months in a 12 month window" rule?

SanDiegogirl

Yes ...... the rule of thumb is 6 months in any 12 month period.

Staying for longer than that and you are likely to be thought of trying to live in the UK while on a visitors visa, and could be denied entry.

So, go in October for up to 2 months and then don't intend returning until mid Jan 2016 - when the clock re-sets.

Remember, if it was the other way around - your daughter lived in the US and you in the UK - you would only have up to 90 days as a visitor before having to apply for a visa.