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Re: Splitting time between USA and UK
Originally Posted by WEBlue
(Post 11566258)
The EEA Route to UK Permanent Residence still requires the 5 years' residence, does it not?
Below find the PR application for EEA Route applicants. On the first page it specifies 5 years of residence: https://www.gov.uk/government/upload..._PR__01-15.pdf Back to my unanswered question & not just a 'NO' you cannot - I want to know why not, when the guide & form says 3 years that my spouse can I don't have the definitive answer all under the FOI from (HO or UKVI processing agent caseworker) as to why someone married to a British citizen living legally in the UK, that they can after 3 years (not 5 years) apply for citizenship? I'm just going by section 2 page 7 of the guide as well as page 8 of the application form as I posted earlier - typical cock & bull |
Re: Splitting time between USA and UK
Originally Posted by BritInParis
(Post 11566261)
The circumstances in which the three year rule now applies is very limited. Some potential scenarios off the top of my head:
- An individual who is married to a British citizen and holds Right of Abode but is not a British citizen themselves (i.e. a Commonwealth citizen born overseas to a British mother before 1983). Under these circumstances the individual concerned is more likely to register as a British citizen under S.4C BNA 1981 for a tenth of the cost of naturalisation but this would only give them British citizenship by descent rather than otherwise than by descent. - An individual who already holds ILR or Permanent Residence but left the UK for up to two years before returning. Likewise this would apply to someone who has returned to the UK on a Returning Resident visa. - An individual accompanying their British spouse who is serving overseas in Crown, designated or EU service providing they have been married for at least three years. This would usually to non-British spouses of British diplomats or international civil servants. Somewhat ironically, despite never have lived in the UK, a spouse in this scenario could naturalise in three years rather than five years necessary for a spouse living in the UK. The Home Secretary has the power to waive the three year marriage requirement as well meaning, in theory, the individual could naturalise as a British citizen as soon as they married. The individual concerned would however still need meet the English language requirements and pass the Life in the UK test which can only be taken in the UK. Are you 100% sure that the spouse of a British citizen that began living legally in the UK with the Brit citizen spouse/partner within the last 3 years, that they WILL NOT (be sure 100%) to be able to apply for and to be granted citizenship after 3 years residence? |
Re: Splitting time between USA and UK
Originally Posted by not2old
(Post 11566265)
Thanks, I can accept that in part, but not fully, since the guide & application form say different
Are you 100% sure that the spouse of a British citizen that began living legally in the UK with the Brit citizen spouse/partner within the last 3 years, that they WILL NOT (be sure 100%) to be able to apply for and to be granted citizenship after 3 years residence? |
Re: Splitting time between USA and UK
Originally Posted by z1565124
(Post 11566188)
Hi Everyone,
Been a while since I've been on here and last time I was in a conundrum as to stay in the US or go back to the UK. Long story short we've (USC wife) decided to stay in the US for a few more years and save so we can 'retire' when I will be about 50. So one thing that I've been thinking about is splitting our time between the US and UK when we 'retire', I say retire but we may still work but not in a traditional full time capacity. Looks like we'd have to spend more time in the UK for the first 3 years until my wife can become a UKC (I'm a USC with a UK passport too) then I don't see any reason why we can't split the time 50/50? So just looking for any others out there who may have done the same, maybe not necessarily the US either. Aside from the added cost are they any negatives that I'm not thinking of? Thanks in advance for your replies! Richard Glen Ellyn, IL We are dual UK/US, being born in the UK, moving to the US in '87, getting USC in 1998. We will be aged 61 when we start this, and plan on maintaining my US Health Insurance, which is through the employer I retired from in 2010. So far they haven't thrown us over to ACA, but if they do then we'll get an ACA policy. (Medicare at 65) |
Re: Splitting time between USA and UK
Originally Posted by durham_lad
(Post 11566480)
We are planning on splitting our time equally (more or less) between the UK and USA, beginning in 2016.
We are dual UK/US, being born in the UK, moving to the US in '87, getting USC in 1998. We will be aged 61 when we start this, and plan on maintaining my US Health Insurance, which is through the employer I retired from in 2010. So far they haven't thrown us over to ACA, but if they do then we'll get an ACA policy. (Medicare at 65) We very recently bought a new build flat. I'm over in England now, furnishing it and setting up utilities, TV licence, council tax etc. I consider myself a US resident currently. I'm trying not to do the things UK residents do (for instance, no NHS, no free bus pass, I haven't applied to go on the electoral roll.) I will only have been physically in the UK for 75 days in the 2014-2015 year. However, I realise that registering for council tax and the land registry processes may trigger the tax authorities to raise their ugly heads. Next year, I'll probably be in the UK for more than 90 days so may have to dive in to UK taxes and other complications. My wife had ILR back in the 1980s so obviously should have proceeded to citizenship then. However, we didn't think of it, so never mind. I think our problem with it is not so much the process (we could qualify on income or on savings) but when to start since she is still committed to spend much of her time in the US, so will have to continue to enter the UK as a visitor for the time being. I don't think she currently wants to spend anything like as much time in the UK as I do. If we apply for a spouse visa and she comes here, how much time would she have to spend in the UK for how many years to comply? As for health care, I have very good insurance (worldwide coverage) from my old employer until I reach age 65. Then I will shift to Medicare Part A and B and presumably have to get travel insurance for visits to UK .... until I actually become a resident. At that time I will obviously get NHS but would probably continue to pay Medicare Part B at least for the time being. My wife is in a similar position with her former employers plan... Complicated though... |
Re: Splitting time between USA and UK
Originally Posted by robin1234
(Post 11568079)
My wife had ILR back in the 1980s so obviously should have proceeded to citizenship then. However, we didn't think of it, so never mind. I think our problem with it is not so much the process (we could qualify on income or on savings) but when to start since she is still committed to spend much of her time in the US, so will have to continue to enter the UK as a visitor for the time being. I don't think she currently wants to spend anything like as much time in the UK as I do. If we apply for a spouse visa and she comes here, how much time would she have to spend in the UK for how many years to comply?
http://britishexpats.com/forum/citiz...e-visa-852532/
Originally Posted by robin1234
(Post 11568079)
Complicated though...
I'd be curious to see if there are those who have actually managed to "split" time successfully between the UK and another country and then were able to qualify for ILR and naturalization.... |
Re: Splitting time between USA and UK
Just did a google search and found a UK Yankee thread from yesterday on this very subject! A good discussion here.
Travel limitations after spousal visa has been approved. |
Re: Splitting time between USA and UK
Originally Posted by WEBlue
(Post 11568112)
Have you read this thread and the links therein?
http://britishexpats.com/forum/citiz...e-visa-852532/ So true! If one is not committed as a couple to living in the UK full-time, a lot of study will be required IMO. Lots of pitfalls. I'd be curious to see if there are those who have actually managed to "split" time successfully between the UK and another country and then were able to qualify for ILR and naturalization....
Originally Posted by WEBlue
(Post 11568132)
Just did a google search and found a UK Yankee thread from yesterday on this very subject! A good discussion here.
Travel limitations after spousal visa has been approved. As so often happens, hard to make this stuff fit with (a) retirement, and (b) the modern world. We have a child in each country, which is a good thing. And, probably like a lot of retired folk who've lived together for forty plus years, we like doing our own thing not always living on top of each other! At least while we still can get around independently! |
Re: Splitting time between USA and UK
Originally Posted by robin1234
(Post 11568079)
My wife and I are starting to put in place the infrastructure to split our time between the UK and US. She is a US citizen, I am a dual UK and US citizen. We are both 64 years old, and retired a couple of years ago.
We very recently bought a new build flat. I'm over in England now, furnishing it and setting up utilities, TV licence, council tax etc. I consider myself a US resident currently. I'm trying not to do the things UK residents do (for instance, no NHS, no free bus pass, I haven't applied to go on the electoral roll.) I will only have been physically in the UK for 75 days in the 2014-2015 year. However, I realise that registering for council tax and the land registry processes may trigger the tax authorities to raise their ugly heads. Next year, I'll probably be in the UK for more than 90 days so may have to dive in to UK taxes and other complications. My wife had ILR back in the 1980s so obviously should have proceeded to citizenship then. However, we didn't think of it, so never mind. I think our problem with it is not so much the process (we could qualify on income or on savings) but when to start since she is still committed to spend much of her time in the US, so will have to continue to enter the UK as a visitor for the time being. I don't think she currently wants to spend anything like as much time in the UK as I do. If we apply for a spouse visa and she comes here, how much time would she have to spend in the UK for how many years to comply? As for health care, I have very good insurance (worldwide coverage) from my old employer until I reach age 65. Then I will shift to Medicare Part A and B and presumably have to get travel insurance for visits to UK .... until I actually become a resident. At that time I will obviously get NHS but would probably continue to pay Medicare Part B at least for the time being. My wife is in a similar position with her former employers plan... Complicated though... Since retiring that is what we've had to do on our long trips back. We paid council taxes in 2011 during our long stay but it was having a UK bank monitoring our ATM activity that tripped the alarm bells, and the bank had us fill in an HMRC form stating that we were not resident for tax purposes, and listing the number of days we'd been in the country over the past 4 years. Next year we will be intentionally resident, and will sign onto the NHS etc (and get free bus passes). Like yourselves we have worldwide coverage for Health Insurance through my ex-employer's plan until age 65. |
Re: Splitting time between USA and UK
Originally Posted by robin1234
(Post 11568227)
As so often happens, hard to make this stuff fit with (a) retirement, and (b) the modern world. We have a child in each country, which is a good thing. And, probably like a lot of retired folk who've lived together for forty plus years, we like doing our own thing not always living on top of each other! At least while we still can get around independently!
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Re: Splitting time between USA and UK
Originally Posted by z1565124
(Post 11566199)
I thought it said 3 years if your married to a UKC? 5 otherwise? I'll look into that though.
Next step in two years would be for the ILR and had been informed that the 71 page document will have to be done again at that time. The charge for the ILR will cost 1100GBP. She is exempt from the life in the UK test as she is over 65. Although she had it scheduled as she was then 64 but told it's not now required. Cost for that would have been 50GBP. So I suppose to become a UK citizen would take 5 years. Hope all the above makes sense. |
Re: Splitting time between USA and UK
Originally Posted by London1947
(Post 11569047)
My wife is a USC... Me I'm a duel US/UK. We did have an attorney in the US to do all the paperwork ect. We got married 2012 before the new regulations came into effect on income requirements.
The old rules said 2 years residence as a spouse to ILR and three years +ILR to citizenship. The new rules say 5 years to ILR, and since ILR is a requirement for citizenship, in effect it now takes 5 yrs for citizenship....
Originally Posted by London1947
(Post 11569047)
... The spousal visa was for two years under Home Office regulations. Next step was to re-new the spousal visa required by the Home Office and have the biometrics done, so now she has a resident card valid for two years the cost for that was 601GBP and had to fill out 71 pages for the Home Office.
Next step in two years would be for the ILR and had been informed that the 71 page document will have to be done again at that time. The charge for the ILR will cost 1100GBP.
Originally Posted by London1947
(Post 11569047)
She is exempt from the life in the UK test as she is over 65. Although she had it scheduled as she was then 64 but told it's not now required. Cost for that would have been 50GBP.
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