snufkinette

Hello, everyone.

I've read several threads from this forum with interest, as my UKC husband and I (USC) contemplate the possibility of returning to the UK after what would ultimately end up being about three and a half years in the States. We have not yet decided for certain that this is the move we want to make, but it feels somewhat likely, given our circumstances, which I won't detail here. Nothing unusual or juicy, I assure you!

I would love to hear from people who have applied for leave to remain in the UK with a view to settling as the spouse of a UKC.

• How long did you and your OH have to separate while you applied?
• Has anyone managed to secure UK employment remotely, e.g. with a Skype interview?
• Did you do a recce of your intended area of the UK before making the leap?

These are some of our main areas of concern, given our situation. Now for a bit of background. I lived in the UK on and off for the better part of a decade until moving back to the States with my husband in May 2013 with our baby. The longest continuous period of residence in England was from 2006-2013, and I realize now that I truly made the place my home, even though I did feel homesick for the States (natch).

If we made the move, it would be to Exeter (husband's hometown), where we were living when we left nearly three years ago, so it isn't as though we don't know the area. However, we do both feel as though it would be wise for us to return for a pre-relocation trip to remind ourselves of what it is like there and increase our confidence that we do want to return. The trouble is this is expensive, and we want to reserve funds for the move, should we make it. Also, my husband obviously might need to return for a job interview, either with or without our children (I'm pregnant, due in May!) and me.

We are really keen to avoid separation, of course, but it seems inevitable. I'm not afraid to deal with the time on my own with two small children while he goes over on his own in order to secure a job and/or when I am applying for my visa. I can't help feeling anxious about it, though.

Does anyone have any pearls of wisdom for me? Any practical tips for reducing the amount of time my husband has to spend apart from the family would be particularly appreciated! Also curious to hear about people's experiences applying for that all-important job that meets the minimum salary requirement. Did you manage to get multiple interviews arranged for a single trip to the UK?

Finally, I should point out that we do not wish to attempt the Surinder Singh route, although I know it works well for many.

I apologize for a long, rambling post! Thank you for reading.

HKG3

Would the OP's husband (British Citizen) considers getting his US citizenship before leaving the US? Just in case things don't work out in the UK - it will be easier for him to move back to the US with the OP.

snufkinette

Oh, yes, that is on the to do list! Thank you for mentioning it. Indeed, with our child (and baby, once born) holding dual citizenship, we want to all be able to move together at any given time. Kicking self hard now for not applying for UK citizenship before leaving! Just didn't want to add another £750 to what was already a mountain of expenses surrounding our move in this direction nearly three years ago. Short sighted of me.

HKG3

Well you should have applied for British Citizenship before you leave. The current fee for naturalisation is £1005.

Another thing - as you had ILR, can you try and apply for a returning resident visa?

https://www.gov.uk/returning-resident-visa

snufkinette

Yes, I understand that I can't apply for citizenship now, hence the aforementioned kicking of self!

It's been over two years since I left, and I don't have any blood ties to the UK, so I am ineligible for the returning resident visa.

BritInParis

Plus the other £5000 you'll need to pay in fees and surcharges over the next five years to get back to ILR.

Getting a Returned Resident visa is tough but the US$486 required to attempt it seems a relative bargain compared to the alternative.

snufkinette

You aren't joking! Every time I think about the fees, in addition to the upheaval, I just cringe. You are right that $486 is a darn sight less. When I initially read some of the wording of the returning resident visa criteria, I wondered if it was worth a shot. I figured that even if I am not originally from the UK, the fact that my husband, daughter, and future child are British might count as strong family ties (or whatever the wording is). I then read further and found that it is very difficult to get the returning resident visa! Beyond that, I left the UK with the obvious intention of settling permanently in the States, so that can't help my case.

Thanks for the suggestion. I don't suppose you have direct experience or know of any forum members who do? It would be great to hear of a successful returning resident application, especially with a similar profile to mine. I can't imagine that the officer reviewing my application would consider my leaving to settle in my home country to be "exceptional personal circumstances", although stranger things have happened. It is true that one of the most compelling reasons for my repatriation was to spend time with my elderly grandmother here at the tail end of her life, as she has always been like a surrogate mother to me. Might be worth mentioning, but not sure how much it would help.

BritInParis

If you were going to try it that would certainly be the angle I'd play.

snufkinette

You know what, I've just looked through the returning resident application form and think you may be right that it is worth a shot, particularly as there are questions about how I have kept in touch with people back in the UK. I could cite my mother-in-law's visits as a strong example, as she has been to see us three times. (Unfortunately, due to limited funding, I haven't been able to return, although my husband went back for his grandmother's funeral last spring.)

Again, thank you so much for reminding me of this route. I had rather reluctantly dismissed it, especially when my husband declared upon reading the guidance notes that I was ineligible in his estimation.

snufkinette

Returning resident visa

Following on from my previous post, I've gone back to looking at some case studies of successful and unsuccessful applications for the returning resident visa and am reminded of why I dismissed this route. This story is a great example: British National champion's Australian Husband Denied Returning Resident Visa. Basically, husband of British champion squash player (and MBE recipient) was denied the visa, having spent over four years away, despite having two UK born children.

So, we'll see, but in the meantime, I do hope to hear from members who are either in the process of or have successfully applied for leave to remain in the UK from the States with their stories, advice, etc!

BritInParis

The shorter the amount of time you've been away the better. So three years is better than four. Given the expense and time to regain ILR I would certainly give it a go if for no other reason than to satisfy yourself you exhausted the option.

snufkinette

A fair point! I didn't see any information about how long after receiving the RR visa one would have to enter the UK, but another post (in which you commented, actually!) - http://britishexpats.com/forum/citiz...s-visa-847239/ - suggested that the successful applicant would have up to six months. Can anyone point me to the official guidance on this?

formula

Someone on the www.uk-yankee.com forum was refused RR, despite growing up in the UK and all her family (parents and siblings) still in the UK. The posters on there will remember the details.

snufkinette

Yes, from what I have read, most applications are refused, but the success stories I have encountered seem to be cases where applicants were away for closer to two years, i.e. more like three or less. Thanks for pointing out the UK-Yankee forum. I joined that ages ago and have been thinking it might be an even more appropriate resource for me. Meant to log in last night, but couldn't remember my username! Will try now. Thank you.

BritInParis

It was practically impossible but anecdotally it does seem to be getting slightly easier of late.