msk2uon

Hi all,
We are a couple currently based in the US with GCs. Am British and looking to move back in about 5 years or so. Looking at the options for a UK long term visa for her (non-EU citizen) such that she might be able to get permanent residence status when we finally move back. I see "settlement visas" being issued but don't quite understand the intricacies of that. Can we apply for one, use that till the move back and get UK PR for her? Am guessing there are a few people on this forum who've had to do this going US->UK..?

Thanks!

ian-mstm

Before you return to the UK, you should both consider naturalizing as US citizens.


Yes, so long as you qualify.

Hopefully a moderator can move this post to the MBTTUK forum, where you'll likely get more comprehensive answers.

Ian

SanDiegogirl

Don't quite understand what you mean by "use that till the move back and get UK PR for her?"

If you only intend to move back permanently to the UK in 5 years time, you can't apply now for a settlement visa.

You apply for a settlement visa up to three months before you intend to move.

The non Brit can apply for permanent residency in the UK once they have lived there for 5 years.

Up until then your partner visits the UK.

BritInParis

The UK immigration system differs enormously from the US system so the two are not directly comparable. The spouse of a British citizen has to reside in the UK for five years before they become eligible for Indefinite Leave to Remain (permanent residency). Apply for a settlement visa is the first step to achieving ILR.

Which passport does your partner currently hold?

HKG3

The OP needs to note that Indefinite Leave to Remain (ILR) will be void if the holder left the UK for more than two years. It would be best for the OP's OH to get British Citizenship after ILR as this would make a return to the UK (whether for holidays or settlement) easier.

msk2uon

Thanks for the feedback everyone. We were looking at ways to get her UK ILR quicker but it seems that you'd have to be UK resident for over 3 years before she qualifies unfortunately.. Good point about looking at getting the US citizenship too!

SanDiegogirl

For over 5 years ........