British Expats

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-   -   Moving back to the UK from USA (https://britishexpats.com/forum/moving-back-uk-61/moving-back-uk-usa-658641/)

AndyVardy Mar 9th 2010 11:36 am

Moving back to the UK from USA
 
I am a UK citizen and I've been in the US for the past 8 years.
I have been married to a US citizen for over 6 years and have a Green Card.
We are thinking about moving back to the UK sometime this year.

Q. What is involved in getting my wife residency in the UK with me?
Q. Would there be any issue with either of us registering with an NHS GP? I have heard different stories about people being denied NHS treatment if they have been out of the UK for a while.

Thanks,
Andy

Mummy in the foothills Mar 9th 2010 11:54 am

Re: Moving back to the UK from USA
 
Have you thought of getting your Citizenship first so all options remain open?
For spouse visa you may want to ask on www.UK-yankee.com Theres a lot of USC married to UKC moving to UK on there.

john5655 Mar 9th 2010 12:15 pm

Re: Moving back to the UK from USA
 
please visit the WIKI at the top of this page for info on settlement visas for spouses

you appear to have a very straight forward case

once you both enter UK you are both entitled to full NHS care same as any other resident

AndyVardy Mar 9th 2010 2:36 pm

Re: Moving back to the UK from USA
 
Thanks for the info.
I took a look at the spouse immigration page and it does indicate that having being married for 4+, it should be straightforward. Here's the paragraph:

Persons Married for 4+ years outside UK:
If you have been married (or in an equivalent relationship) for more than 4 years outside the UK there is a quicker pathway to ILR.
You may be issued a special type of spouse visa that allows you to upgrade immediately to ILR after doing the Life in the UK Test, ie, no need to wait the 2 years.
In theory you could come to the UK as a tourist and sit the Life in the UK Test in advance, allowing issue of a visa leading to immediate ILR on admission to the UK. However, in reality this is difficult if the test administrators demand a Home Office reference number.

But..... what does this really mean? Would we still have to apply for ILR for my wife before we entered the UK?

JAJ Mar 9th 2010 2:44 pm

Re: Moving back to the UK from USA
 

Originally Posted by AndyVardy (Post 8408824)
But..... what does this really mean? Would we still have to apply for ILR for my wife before we entered the UK?

http://britishexpats.com/wiki/Spouse_Immigration-UK


Are you planning to abandon your green card?

Walker101 Mar 9th 2010 2:45 pm

Re: Moving back to the UK from USA
 

Originally Posted by AndyVardy (Post 8408824)
Thanks for the info.
I took a look at the spouse immigration page and it does indicate that having being married for 4+, it should be straightforward. Here's the paragraph:

Persons Married for 4+ years outside UK:
If you have been married (or in an equivalent relationship) for more than 4 years outside the UK there is a quicker pathway to ILR.
You may be issued a special type of spouse visa that allows you to upgrade immediately to ILR after doing the Life in the UK Test, ie, no need to wait the 2 years.
In theory you could come to the UK as a tourist and sit the Life in the UK Test in advance, allowing issue of a visa leading to immediate ILR on admission to the UK. However, in reality this is difficult if the test administrators demand a Home Office reference number.

But..... what does this really mean? Would we still have to apply for ILR for my wife before we entered the UK?

My understanding is that the forms are the same it's just a note that you put in the application that you would like to go for ILE. My reading is then that if you could not supply the KoL certificate and meet the other requirements you would be give a visa with a KoL endorsement, allowing the spouse to move to the UK, subsequently take the test and supply the certificate and then get ILR.

Also I believe that ILE is given outside of the UK and ILR when inside the UK.

By the way this is my limited understanding of it and as a newbie on these boards. I've just been using the search function and reading as much as I can.

AndyVardy Mar 9th 2010 2:46 pm

Re: Moving back to the UK from USA
 
Not necessarily. I can keep my green card if we returned to the US within 2 years.

(Response to JAJ above)

JAJ Mar 9th 2010 2:50 pm

Re: Moving back to the UK from USA
 

Originally Posted by AndyVardy (Post 8408844)
Not necessarily. I can keep my green card if we returned to the US within 2 years.

Not true.
http://britishexpats.com/wiki/Green_Card_Abandonment

Discuss further on USA forum.

Walker101 Mar 9th 2010 2:54 pm

Re: Moving back to the UK from USA
 

Originally Posted by AndyVardy (Post 8408844)
Not necessarily. I can keep my green card if we returned to the US within 2 years.

(Response to JAJ above)

I would look into it very carefully. It could become a sticky wicket really quickly.

AndyVardy Mar 9th 2010 3:03 pm

Re: Moving back to the UK from USA
 
Thanks for the advice guys. Looks like we'll need to make some tough choices before making any decisions on this.
Cheers,
Andy

JAJ Mar 9th 2010 3:04 pm

Re: Moving back to the UK from USA
 

Originally Posted by AndyVardy (Post 8408868)
Thanks for the advice guys. Looks like we'll need to make some tough choices before making any decisions on this.
Cheers,
Andy

If you become a US citizen, the problem of losing your green card goes away.

AndyVardy Mar 9th 2010 3:23 pm

Re: Moving back to the UK from USA
 
Yeah, that would make things easier, but I've only had my Green Card for a about a year. Got to wait another 2 years to apply for citizenship.

JAJ Mar 9th 2010 3:26 pm

Re: Moving back to the UK from USA
 

Originally Posted by AndyVardy (Post 8408905)
Yeah, that would make things easier, but I've only had my Green Card for a about a year. Got to wait another 2 years to apply for citizenship.

You said in your first post that you've been married to a US citizen for 6 years and in the USA for 8 years. Did something unusual cause a delay in getting a green card? Normally someone with that combination of circumstances would either be a US citizen now, or eligible for citizenship.

AndyVardy Mar 9th 2010 3:30 pm

Re: Moving back to the UK from USA
 
I was on a 7 year L1a visa and we just procratinated about getting the green card until we had to do it.


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