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UK Subject, French Spouse, both living in the US at present - What if any visa?

UK Subject, French Spouse, both living in the US at present - What if any visa?

Old Feb 24th 2021, 12:16 am
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Default UK Subject, French Spouse, both living in the US at present - What if any visa?

We've been in the US for 20 years, but hoping to return to the UK next year (specifically July 2022). I'm a UK subject, my wife is French. We both lived in the UK (her for 13 years prior to us moving to the USA) and me from birth until I was ~35. She has a NI number and she worked in the UK for those 13 years. I am very confused about what, if any, visa I need to get for her. Any ideas on how to proceed, and when would be gratefully accepted? I've also got 2 kids, both born in the US, both births were registered with the UK consulate and I presume just getting them UK passports will be sufficient?

Thanks in advance. I never ever thought that Brexit would lead to such difficult situations for us.

Last edited by TimFountain; Feb 24th 2021 at 12:30 am.
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Old Feb 24th 2021, 12:58 am
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

You'll need to apply for a spouse visa......
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Old Feb 24th 2021, 1:04 am
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Your wife should apply for settled status but given the 20 year gap in residence then there's no guarantee it would be granted. If not then you'll need to sponsor her for a spouse visa. Your children will just need their British passports.

https://www.gov.uk/eusettledstatus

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

https://www.gov.uk/overseas-passports
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Old Feb 24th 2021, 4:07 pm
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Originally Posted by BritInParis View Post
Your wife should apply for settled status but given the 20 year gap in residence then there's no guarantee it would be granted. If not then you'll need to sponsor her for a spouse visa. Your children will just need their British passports.

https://www.gov.uk/eusettledstatus

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

https://www.gov.uk/overseas-passports

I thought about the settlement route but since the OP has lived in the US for 20 years, thought this a very long shot....... would not hurt to apply though I guess......

Would they have to apply by June 2021?
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Old Feb 24th 2021, 7:58 pm
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Originally Posted by SanDiegogirl View Post
I thought about the settlement route but since the OP has lived in the US for 20 years, thought this a very long shot....... would not hurt to apply though I guess......

Would they have to apply by June 2021?
The system is essentially automated so it may well work but I’ve not known anyone with such a long absence apply. It’s free to apply so no harm in trying.

Yes, as it stands.
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Old Mar 1st 2021, 2:10 am
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Thanks for all the replies. Next problem is trying to get my wifes French passport renewed. It expired 10 years ago and all renewals have to be done in person with a long form birth certificate, not more than 6 months since being validated and with her family book (forget the actual name). The French Consulate in San Francisco used to send someone up to Portland once a month for in person interviews, but since Covid they've not been doing that. She has to go to SF in person. And there are no online interview slots available. So we are already at a roadblock with the settlement route. The French are the only country I know of who need an in person interview for a passport renewal. Arrgh!!
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Old Mar 1st 2021, 4:23 am
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Presume your wife has US citizenship by now considering you have lived here for 20 years?
If so, she could apply for UK spouse visa using her US passport and forget about the French one? Non ?
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Old Mar 3rd 2021, 10:58 pm
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Originally Posted by SanDiegogirl View Post
Presume your wife has US citizenship by now considering you have lived here for 20 years?
If so, she could apply for UK spouse visa using her US passport and forget about the French one? Non ?
Yes, indeed she is a USC and that is one route, but we haven't totally given up on the settled status idea mentioned upthread... It's a least worth a shot and for that she needs her French passport, at least that is my understanding - given that she had the right to live in the UK at that time based on her French citizenship, not her USC. But if not then we can try with her us passport. Anyone know if that is even a possibility? It for sure would be a lot easier...

TIA

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Old Mar 3rd 2021, 11:59 pm
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Unless I have misunderstood your situation, she would have to apply for the Settlement route using her French passport.
If she was unsuccessful with this route, she could apply for a spouse visa using either her French or US passport.
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Old Mar 4th 2021, 12:23 am
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Given the cost and hassle of going down the spouse route I would strongly recommend doing everything possible to obtain a French passport for your wife and applying for settled status before 30 June.
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Old Mar 9th 2021, 6:44 pm
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Originally Posted by BritInParis View Post
Given the cost and hassle of going down the spouse route I would strongly recommend doing everything possible to obtain a French passport for your wife and applying for settled status before 30 June.
Absolutely. Problem is she needs to go in person to the consulate in San Francisco. She will be doing that as soon as an appointment opens up...
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Old Mar 31st 2021, 12:07 am
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Arrgh. This is getting to be aggravating. So we finally have a shiny new biometric French passport for my wife. Following the flow in the settled status webpage here - Apply to enter or stay in the UK (apply-to-visit-or-stay-in-the-uk.homeoffice.gov.uk) The first question is "Are you in the UK now"? Answer is 'no'. Next page asks you download the "EU Exit: ID Document Check". Here's where I hit a brick wall. That app is not listed in the Apple app store or android play store and if I go and google it manually I can find it in the playstore, but am told that "the app is not available in your location'. WITAF? I've tried everything, including VPN to the UK to download this and failed. Can anyone give me any pointers here?

TIA

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Old Mar 31st 2021, 12:10 am
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

Try switching your store location to the UK.
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Old Apr 1st 2021, 3:14 pm
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

I can do that, but apparently I can't change it back for a year. But maybe that's ok?
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Old Apr 1st 2021, 5:39 pm
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Default Re: UK Subject, French Spouse, both living in the US at present - What if any vi

You’ll be stuck with UK apps but then if you’re moving to the UK then I can’t see it being an issue.
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