Bernie215

Hi,

I am a UK citizen.
My wife is a US citizen.
I married my US wife in the UK in 1985.
We lived and worked in UK.
18 months later we moved to US.
Now in semi-retirement we would like to move back to UK.
We have a daughter in UK who is a UK citizen.

In 1985 my wife received a UK Home Office letter allowing her to enter the UK without restrictions for an "indefinite period". This was attached to her US passport. It was reattached to a subsequent US passport which expired in 1997. Because we were living in US we overlooked having it endorsed in her subsequent US passports. Currently, she travels to UK as a US visitor for vacations etc.

In 1985, my wife was issued with a UK National Insurance number.

My wife, now 63 has retired and has a US pension.
I am still self-employed and would close my business to move back to UK.
My wife doesn't intend to work in UK but would like to have that option.

So my question:
What is my wife's current UK residence status?
Does the Home Office "indefinite period" letter of 1985 and issued National Insurance number count for anything?

Thanks for your advice.

Invisible

Hi, I believe that if your wife has stayed out of the UK for over 2 years then any indefinite leave to remain has expired. As far as I'm aware she would have to submit a settlement visa application and meet all the requirements regarding finance, accommodation etc.

The Immigration (Leave to Enter and Remain) Order 2000

SanDiegogirl

In order for your wife to live in the UK, YOU, will need to sponsor her for a settlement visa.

The Indefinite leave to remain she was issued in 1985 is now invalid and her NIN is irrelevant.

Read the following website as to how to apply for a settlement visa

https://www.gov.uk/uk-family-visa

There are financial requirements to fulfill. The following document gives details as to how you can qualify. One can use employment income, savings, pensions etc to meet the 18,600GBP income per annum.

If no income at all, savings of 62,500 GBP are required.

https://www.gov.uk/government/upload...ment_Final.pdf

If your wife has European or Brit ancestry that might be a way to obtain residency.

Pulaski

It's irrelevant to the question and issues being discussed, but it is still her NI number, as, just like US SSNs, NI numbers are issued for life.
Savings must be cash, not investments even if liquid/marketable or in a stockbroker account, nor real estate. Cash means "moneh in a bank account", nothing less. The only concession is that sale of real estate, that you owned for at east six months, bypasses the "held for six months" rule.

Bernie215

Thank you to Invisible, SanDiegogirl and Pulaski!

I'm amazed by the complexity, planning and expense involved in this process.
Back in 1986 there was an "Green Card" type interview in Croydon and no cost.
All we are trying to achieve is the ability to split our lives between two countries and two sets of family commitments: US parents and UK children.

The goal I guess is for my wife to becomes a naturalized British citizen. At that point she can stay or leave as she pleases.

But the path to that, and the terminology relating to different levels of "remaining" leading to being "settled" and then naturalized is not clear.

Step 1: Spouse Visa, entry vignette and Biometric Residence Permit - 2.5 years
Step 2: Spouse Visa to remain - 2.5 years
Step 3: How do you get Indefinite Right to Remain in order to apply for naturalization?
Step 4: Naturalization after 3 or 5 years?

I read that the spouse of a British citizen could use a "3-year" path rather than the standard "5-year" or "10-year" path. But to apply one must have been resident for 5 years - that seems like a catch-22!

Hoping for clarification!
Thanks.

BritInParis

The spouse of a British citizen can naturalise after three years residence but he or she would still need to be free of immigration time limits. Going down the spousal immigration route now takes five years to achieve ILR so for most people the wait to become a citizen through spouse immigration is five years. The one benefit is that there no further waiting period after receiving ILR. Those not married to British citizens would need to wait a further year before becoming eligible for naturalisation.

Bernie215

BritInParis Thanks!

Looks like the whole process from Spouse Visa to UK citizenship, if we start soon, might take about 6 years.

And the sticker shock, total fees might be approx. 10,000 USD - and that's not allowing for possible fee hikes over the 6 year period!

Makes me ponder the benefits of ILR and citizenship verses continuing to use a free, 6 mth Visitor visa???

BritInParis

It would depend entirely on your intentions. If your primary residence is the UK will be the UK then a spouse visa would be the way to go. If you wish to spend short periods in the UK with no more than six months out of any given twelve in the UK then you could get by on Leave to Enter as a visitor.