trixt

Hey Guys

My wife, who is a US citizen, would like us to go and spend some time in the UK (where I am from). Initially this may be just for a 6 month visit - but during that time she may want to work and/or study. We have been married for 6 months and so I am currently on a 2 year conditional green card.

I understand she does not need any visa if she comes just as a 'visitor'. But I am wondering what the best route would be if she did decide that she wanted to work and/or study.

I would also like to know whether this can be done whilst she is in the UK or if it needs to be done before we travel there?

It really is a case of getting there and seeing how she likes it before committing to either - so I am trying to figure out what the best route is.

Thanks very much

CDNtoUK

She would need to apply for a spousal visa if she wants to work, from my understanding. This can only be applied for from outside of the UK. If you check the wiki's at the top of the page, you can find more info and also look up spousal visa on the UK border agency website. It's quite a detailed process to get a visa, with a variety of different routes. I'm just undertaking this path myself so others, who are more experienced, will be able to help you with the fine details but check out those sites first and then you will be able to ask more specific questions to your situation.

SanDiegogirl

Your wife cannot work or study on a visitor visa.

To live permanently in the UK YOU would need to sponsor her for a spouse visa.

Read the following document to see how you could qualify to sponsor. There are financial requirements in order to obtain a spouse visa:

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Basically you need to have a job in the UK earning 18,600 per annum or savings/investments.

Her only other options would be to apply for a student visa or obtain a work visa under her own name - she would need specialist skills or experience for this.

BritInParis

Does your wife have any parents or grandparents who were born in the UK, Ireland or elsewhere in Europe? Obtaining a British/EU passport would be the easiest way to do what you've outlined.

If that's not an option your other choices are really limited to coming to the UK as a visitor, no visa required but your wife cannot work or study, or you sponsoring her for a spouse visa, which is a fairly serious undertaking. There isn't a "try it and see" visa that would allow her to work/study unless she can gain sponsorship which would be difficult for the short time frame you're thinking of.

trixt

Thanks for the response guys.

I'm thinking she will just come in as a visitor, test the waters so to speak, and then go down either the study visa or family visa.

Will this need to be done outside of the UK though? I'm sure I read somewhere that visitors cannot change their status. But could they start the process?

Thanks

rebeccajo

The application must be filed from abroad in the US.

You realize that if you leave the US before you are a citizen, you'll probably end up abandoning the green card you just got. And if you ever want to move back to the US, you will have to start THAT visa process all over again.

trixt

Sure. But we are only planning on coming for a period of time before then deciding what to do. But during that time my wife would potentially want to work and/or study.

rebeccajo

Define "period of time".

trixt

6 months. Then during that time we will decide where we want to live. Ideally dual citizenship in the long run.

rebeccajo

It's probably none of my business, but is there some reason you can't wait until you have your US citizenship to try this plan? That way at least one of you is dual at the start of this trial plan.

trixt

Nope no reason at all. We just want to go and spend some time travelling the UK and visiting family. I have been in the US for a year now so we want to go back for a little while.

rebeccajo

You are a conditional resident of the US - your green card is new. It's got an expiry date on it in the near-ish future and you need to be present in the US 90 days before the expiry in order to file to get a 10 year card.

So you need to keep those dates in mind.

If you are going to do this, I would suggest you file with USCIS for a re-entry permit to the US (just in case you are gone over six months). At least then there are no questions on you being re-admitted to the US.

Long trips outside of the US will stretch out your window to naturalize. Keep this in mind also.

I also suggest you thoroughly acquaint yourself with the spousal rules for immigration to the UK in case you and your wife decide you wish to live there.

Your wife CANNOT - absolutely cannot - work or study in the UK whilst she is there on a visit visa. To do so jeopardizes her chances of ever having a legal life in the UK.

SanDiegogirl

You will need to have strong proof of ties to the US for your wife if you are intending to enter the UK for 6 months - job, rental/lease agreement, bank accounts etc.

In other words proof that she needs to return to the US and has a home/commitments there.

rebeccajo

This is good advice insofar as maintaining the US residency also. If the OP and wife don't maintain a US address, etc., these things will all look questionable upon his return. The OP wants to make sure he files US taxes also. Forget to do that - well, the green card will be lost.

I found this excellent link with loads of discussion about this topic. It's from a visa blog written for Chinese citizens coming to the US, but the discussions are appropriate for any immigrant.

http://lawandborder.com/risk-abandon...road-6-months/

trixt

The only issue with that though is she will have to finish her current job due to the time being spent away. And we will also have to cancel our rental because it just isn't financially feasible to pay rent for a property we are not occupying. The bank account is easy and we will just keep that regardless.

Surely explaining this to UK immigration they will understand? It's common sense really.