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A few questions, related to my UK husband going for PR

A few questions, related to my UK husband going for PR

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Old Jan 15th 2010, 5:42 pm
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Default A few questions, related to my UK husband going for PR

I'm a USC, and have lived in UK for one year with my UK born husband. I have 7 months on my spouse visa. We have DCFd in London, so hopefully by June we'll have my husband's visa and we move to Houston.

Two questions.

1. My spouse visa was stamped 26 Jun 09, and I've not yet took the driving test nor went for a UK driver license. I figured we'd know if we are staying in UK or going to USA by the year's end. Should I still do this?

2. What happens to my spouse visa? Meaning, will I ever make the time in country to at some point have permanent residency (ILR?) Does my time in UK simply add up, or do I have to restart everything again in 27 months when my UK Spouse visa expires? We do wish to return at some point to the UK, and dual citizenship for us both it an optimal at some point.

Any thoughts?

thank you!
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Old Jan 15th 2010, 6:50 pm
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Default Re: A few questions, related to my UK husband going for PR

Originally Posted by Bomjeito
1. My spouse visa was stamped 26 Jun 09, and I've not yet took the driving test nor went for a UK driver license. I figured we'd know if we are staying in UK or going to USA by the year's end. Should I still do this?
I'm no expert, but two thoughts jumped to my mind. One, you are trying to prove to the US Embassy that you are leaving your ties to the UK and taking up domicile in the USA once again (or that you never left it in the first place). Having a UK drivers license might show that you are maintaining ties to the UK - something that might not be in your favor. Although how the ConOff would know you've done this, I don't know.

Also, I don't think having or not having the drivers license will directly affect his visa approval.

2. What happens to my spouse visa? Meaning, will I ever make the time in country to at some point have permanent residency (ILR?) Does my time in UK simply add up, or do I have to restart everything again in 27 months when my UK Spouse visa expires? We do wish to return at some point to the UK, and dual citizenship for us both it an optimal at some point.
Again, no expert here, but I believe you must reside in the UK on a contuous basis in order to work towards your permanent residency or citizenship there. It's not that your on-and-off time in the UK adds up over time.

If your goal is dual citizenship for both of you, you'll have to stay put in one country or the other for the appropriate length of time for one of you to get dual citizenship (in the USA, that's 3 years after becoming a US PR, if married to a USC). Then move and live in the other country for the appropriate amount of time for the other spouse to get dual citizenship. Only then will you be free to come and go at will between the two countries.

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Old Jan 15th 2010, 7:01 pm
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Default Re: A few questions, related to my UK husband going for PR

Makes sense, and that is what we figured - we'll make residency in one place, and some time down the road, go back to the UK.

After a year in UK, we find the US offers more opportunities, less in cost of living, and closer to grandfolks if children arrive. We gave it a year here, but off to US we'll go.

Just wondered if some reason to get my UK driver's license or not.
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Old Jan 15th 2010, 7:06 pm
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Default Re: A few questions, related to my UK husband going for PR

Originally Posted by Bomjeito
Just wondered if some reason to get my UK driver's license or not.
You're only going to be in the UK for another few months, and then you'll be living in the USA for the next 3.5 years at least. I don't see any real reason to get the UK license.

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Old Jan 15th 2010, 9:23 pm
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Default Re: A few questions, related to my UK husband going for PR

Originally Posted by Bomjeito
1. My spouse visa was stamped 26 Jun 09, and I've not yet took the driving test nor went for a UK driver license. I figured we'd know if we are staying in UK or going to USA by the year's end. Should I still do this?
Not unless you can pass the written and the practical before you leave. I did my written but didn't bother with the practical. I'd say don't bother, unless you have a need to drive in the UK before you move.

Originally Posted by Bomjeito
2. What happens to my spouse visa? Meaning, will I ever make the time in country to at some point have permanent residency (ILR?) Does my time in UK simply add up, or do I have to restart everything again in 27 months when my UK Spouse visa expires? We do wish to return at some point to the UK, and dual citizenship for us both it an optimal at some point.
Assuming you leave the UK before your spousal visa expires, it will expire and if you ever want to live in the UK again you will have to get a new one and start the clock over. If you want to get citizenship in the UK you'd have to have the spousal visa long enough to apply for and get ILR, then meet the residency length requirements to apply for citizenship, then apply for it and wait to be approved. It takes a while and you would have to wait to apply for your DH's visa until after you have your citizenship (since part of the citizenship application assumes you wish to continue living in the US).

If you choose to move back to the UK someday, you'll have to get a new spousal visa and start over again with whatever requirements there are at the time. Or, you could delay your move to the US until after you've gotten your UK citizenship.
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