OVER 50's & 60's MOVING BACK TO THE UK.
Sep 16th 2009, 7:22 pm
#211
BE Forum Addict
Thread Starter
Joined: Jun 2008
Posts: 1,610
Re: OVER 50's & 60's MOVING BACK TO THE UK.
When we lived in the UK my husband who is a US citizen was always considered a US citizen even though he was a permanant resident of the UK. Back then he had to check in at the police station and be checked out papers etc. They dont do that anymore. But I dont think an American gives up his US citizenship just because he lives in the UK.
Like me being a UK citizen I never gave it up but was never a US citizen.
Like me being a UK citizen I never gave it up but was never a US citizen.
Sep 16th 2009, 7:29 pm
#212
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,022
Re: OVER 50's & 60's MOVING BACK TO THE UK.
Thank you Giantaxe and Jersey Girl. I'm sorry I sounded so confused.
I do realise you can only be an official resident in one place or the other.
And that citizenship and residency are two separate things--you've explained this very well though and made it clearer.
I'm also grateful for the clarification that you're a resident in UK as soon as you "arrive with intent to reside," and that the 90 days is when you become liable for taxes. This was helpful.
Earlier I was thrown off my own mental track by Elvira's point that coming back to visit doesn't keep your green card status open, and by her advice to become a citizen.
What I hadn't made clear originally, before Elivira replied, (or perhaps hadn't got clear in my own head!) is this:
I was hoping to keep my green card status open so that, in the future, if we should want to switch our residency back to US (unlikely in my view, but you never know!) I would still have the green card, without having to start all over again.
Yes, I do see (and it helped that you spelled it out) that while a permanent resident of UK, I'd only be a visitor in the US, green card or no, and my husband would also be just a visitor even though he's a US citizen.
I suppose I thought that with green card and citizenship, we'd be more than just "tourists" when coming back to visit the US, but I guess not for any practical purposes; just as now we are only tourists when we visit UK. (Though if in future we are able to keep a property in both places, we'd be paying property taxes and bills in both, so a bit different from the usual visitor perhaps?)
Anyway, I'm sorry, the idea of trying to keep the green card open for possible *future* use muddied the waters.
Many thanks for taking the time to respond to my confused posts!
PS I see that while I was writing this, Elvira replying saying her brain cells get scrambled despite looking into it all every year, I know exactly the feeling!! obviously happening to me too...
I do realise you can only be an official resident in one place or the other.
And that citizenship and residency are two separate things--you've explained this very well though and made it clearer.
I'm also grateful for the clarification that you're a resident in UK as soon as you "arrive with intent to reside," and that the 90 days is when you become liable for taxes. This was helpful.
Earlier I was thrown off my own mental track by Elvira's point that coming back to visit doesn't keep your green card status open, and by her advice to become a citizen.
What I hadn't made clear originally, before Elivira replied, (or perhaps hadn't got clear in my own head!) is this:
I was hoping to keep my green card status open so that, in the future, if we should want to switch our residency back to US (unlikely in my view, but you never know!) I would still have the green card, without having to start all over again.
Yes, I do see (and it helped that you spelled it out) that while a permanent resident of UK, I'd only be a visitor in the US, green card or no, and my husband would also be just a visitor even though he's a US citizen.
I suppose I thought that with green card and citizenship, we'd be more than just "tourists" when coming back to visit the US, but I guess not for any practical purposes; just as now we are only tourists when we visit UK. (Though if in future we are able to keep a property in both places, we'd be paying property taxes and bills in both, so a bit different from the usual visitor perhaps?)
Anyway, I'm sorry, the idea of trying to keep the green card open for possible *future* use muddied the waters.
Many thanks for taking the time to respond to my confused posts!
PS I see that while I was writing this, Elvira replying saying her brain cells get scrambled despite looking into it all every year, I know exactly the feeling!! obviously happening to me too...
Please note even if you live in the UK your USC husband will still have to fill in an US tax return every year...so will you if you have been a LPR for more than 8 (I think??) years.
Last edited by Jerseygirl; Sep 16th 2009 at 7:32 pm.
Sep 16th 2009, 7:53 pm
#213
BE Forum Addict
Joined: Aug 2009
Location: Back home now in my home town in England U.K. after 36 years in U.S. now retired and loving it,
Posts: 3,208
Re: OVER 50's & 60's MOVING BACK TO THE UK.
Answer to Rodney:
If you went before a magistrate only for you simple possession issue which resulted a fine of $100.. it sounds as though its a misdemeanor...however its still a drug charge and as well in the US .
I would want to ascertain if there is anything on my record before I apply for my US Citizehship...I would go to my local police stn and apply for a criminal record check for employment...anyone is allowed this (for instance you might want to work in a governemnt facility and must provide same as condition of employment)...here it costs $10 payable with post office money order .cash, cheques and credit card not accepted..
they give you a paper called "Criminal Record check for employment ..and it has several boxes on it indicating what they have on record for you...yes there is something..no there is nothing or maybe there might be
The yes and no boxes speak for themselves..if its a yes then you need to write to have your record expunged since it is so old if it's the maybe box then the officer at the desk will tell you the nature of the notation
.
You may have been photographed, fingerprinted at one time or whatever.
So then they must explain to you what you have to do to file for exoneration
which may often include simply a letter to the authorities requesting that these extant records be removed remember to phone and ask for the time frame since you are proposing to travel.
Once you have your clear record in place your all set to go
There are slso companies who list themselves on the web who will perform this service for you if you dont feel like doing it yourself..they call themselves "Pardon Services" and the like
As for the IRS its a bit sticky owing them since here they say nothing to you but just keep compounding the original amount...not good.
Phone in for a clarification and written statement of your account so you have something to show for Citizenship
Just my 10cents worth
If you went before a magistrate only for you simple possession issue which resulted a fine of $100.. it sounds as though its a misdemeanor...however its still a drug charge and as well in the US .
I would want to ascertain if there is anything on my record before I apply for my US Citizehship...I would go to my local police stn and apply for a criminal record check for employment...anyone is allowed this (for instance you might want to work in a governemnt facility and must provide same as condition of employment)...here it costs $10 payable with post office money order .cash, cheques and credit card not accepted..
they give you a paper called "Criminal Record check for employment ..and it has several boxes on it indicating what they have on record for you...yes there is something..no there is nothing or maybe there might be
The yes and no boxes speak for themselves..if its a yes then you need to write to have your record expunged since it is so old if it's the maybe box then the officer at the desk will tell you the nature of the notation
.
You may have been photographed, fingerprinted at one time or whatever.
So then they must explain to you what you have to do to file for exoneration
which may often include simply a letter to the authorities requesting that these extant records be removed remember to phone and ask for the time frame since you are proposing to travel.
Once you have your clear record in place your all set to go
There are slso companies who list themselves on the web who will perform this service for you if you dont feel like doing it yourself..they call themselves "Pardon Services" and the like
As for the IRS its a bit sticky owing them since here they say nothing to you but just keep compounding the original amount...not good.
Phone in for a clarification and written statement of your account so you have something to show for Citizenship
Just my 10cents worth
Thanx so much for your reply, your advice on getting my criminal records from the local police station was wonderful thanks a lot, never thought it would be so easy to get my records, so I just phoned the Reno NV non emergency police dept # as that was where my pot charge was, and they said all I have to do is request a full history criminal record check and pay the $13 fee and as I live here in Las Vegas I could do it all very easily by mail and just send them a letter requesting it and write my name and social security # and date of birth and they will send it to me,
So that's what I am going to do and then I will take it into a immigration lawyer along with my full statement from the IRS showing what I owe and what collection status I'm in which is currently uncollectible due to not having enough income and see what the lawyer says,
I am thinking of maybe waiting though till I'm 70 because I was told that after that age immigration does not even do a criminal record check, and also by that time the statute of limitations would have completely run out of time for the IRS to collect any back years that are owed, they only have 10 years to collect,
And so if I went that route then In going back to England I probably would not be able to return for good as I will for a few more years be just a permanent USA resident so I will probably have to settle for now for maybe living in England for a little under 6 months each year and coming back and living for 6 months in USA each year ------ half there half here, so I will protect my permanent resident status here, that may work, and that way I could be here in USA every year around say first week in April to file my US taxes,
I would love to be able to apply for my US citizenship now and so not have the problem of coming and going but I think that it maybe better in my case to wait, I do not want to open up a can of worms and my past of 30 years ago is examined, I have been a good person of good moral character for the past 30 years with not so much as a speeding ticket, but the one and only conviction although just a misdemeanor back in 1979 but it WAS a drug related charge and to apply now would be a real big gamble and although I live in Las Vegas I don't think I will be taking that chance, too much to loose if it does not go in my favour,
By the way does anyone out there have any knowledge of what I said about after 70 years old they dont even do a criminal record check when you apply for Naturalization, an immigration N400 form preparer told me that a couple of weeks ago here,
Anyway thanks a lot Relocateme
Take care,
Rodney.
Sep 16th 2009, 8:01 pm
#214
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,022
Re: OVER 50's & 60's MOVING BACK TO THE UK.
By the way does anyone out there have any knowledge of what I said about after 70 years old they dont even do a criminal record check when you apply for Naturalization, an immigration N400 form preparer told me that a couple of weeks ago here,
Anyway thanks a lot Relocateme
Take care,
Rodney.
Anyway thanks a lot Relocateme
Take care,
Rodney.
There are several US Immigration Lawyers who are very helpful and post in this forum.
Sep 16th 2009, 8:44 pm
#215
Heading for Poppyland
Joined: Jul 2007
Location: North Norfolk and northern New York State
Posts: 14,540
Re: OVER 50's & 60's MOVING BACK TO THE UK.
My wife & I are starting to grapple with the practicalities of owning a home in both the UK and the US. We are now ready to retire (next summer, maybe) and are thinking of renting for a year in England with a view to buying a small place there within a further year. I'm a dual citizen and the only further bureaucratic hurdle is getting my wife on the road to spousal visa, ILR and possibly citizenship in the UK. It's a pity she did not do that in the 70s and 80s, but no use crying over spilt milk...
We'd need to be ordinarily resident in the United Kingdom, for our access to the NHS among other things. Could we not also be resident in (say) New York State? We'd get Foreign Tax Credit in the USA for tax paid on income in the UK (bank or building society interest, for instance) -- wouldn't we? If we wanted to cut down on taxes we could move to a state where there is no income tax.
According to HM Customs & Revenue, "A person can be ordinarily resident in more than one country. The fact that a person might be said to have a home in another country does not mean that they cannot also be ordinarily resident in the United Kingdom."
We'd need to be ordinarily resident in the United Kingdom, for our access to the NHS among other things. Could we not also be resident in (say) New York State? We'd get Foreign Tax Credit in the USA for tax paid on income in the UK (bank or building society interest, for instance) -- wouldn't we? If we wanted to cut down on taxes we could move to a state where there is no income tax.
According to HM Customs & Revenue, "A person can be ordinarily resident in more than one country. The fact that a person might be said to have a home in another country does not mean that they cannot also be ordinarily resident in the United Kingdom."
Sep 16th 2009, 9:01 pm
#216
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,022
Re: OVER 50's & 60's MOVING BACK TO THE UK.
My wife & I are starting to grapple with the practicalities of owning a home in both the UK and the US. We are now ready to retire (next summer, maybe) and are thinking of renting for a year in England with a view to buying a small place there within a further year. I'm a dual citizen and the only further bureaucratic hurdle is getting my wife on the road to spousal visa, ILR and possibly citizenship in the UK. It's a pity she did not do that in the 70s and 80s, but no use crying over spilt milk...
We'd need to be ordinarily resident in the United Kingdom, for our access to the NHS among other things. Could we not also be resident in (say) New York State? We'd get Foreign Tax Credit in the USA for tax paid on income in the UK (bank or building society interest, for instance) -- wouldn't we? If we wanted to cut down on taxes we could move to a state where there is no income tax.
According to HM Customs & Revenue, "A person can be ordinarily resident in more than one country. The fact that a person might be said to have a home in another country does not mean that they cannot also be ordinarily resident in the United Kingdom."
We'd need to be ordinarily resident in the United Kingdom, for our access to the NHS among other things. Could we not also be resident in (say) New York State? We'd get Foreign Tax Credit in the USA for tax paid on income in the UK (bank or building society interest, for instance) -- wouldn't we? If we wanted to cut down on taxes we could move to a state where there is no income tax.
According to HM Customs & Revenue, "A person can be ordinarily resident in more than one country. The fact that a person might be said to have a home in another country does not mean that they cannot also be ordinarily resident in the United Kingdom."
You can move to another US state but I remember reading a few months ago someone on BE said they still had to pay state taxes to their old state for X number of months after they'd moved to another state.
I'd not heard that before.
Sep 16th 2009, 9:20 pm
#217
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: OVER 50's & 60's MOVING BACK TO THE UK.
...... does anyone out there have any knowledge of what I said about after 70 years old they dont even do a criminal record check when you apply for Naturalization, an immigration N400 form preparer told me that a couple of weeks ago here,
Anyway thanks a lot Relocateme
Take care,
Rodney.
Anyway thanks a lot Relocateme
Take care,
Rodney.
www.uscis.gov/files/form/n-400ins.
AFAIK, the question asks not whether there is a trace of your conviction, but whether you have ever been arrested or convicted. You will be fingerprinted and your background, including a search for criminal records will be done. Even traffic violations have to be reported.
And please use a proper immigration lawyer - not some 'preparer'. You can find a lawyer via the AILA website's 'search for a lawyer' function.
I doubt that your record will be a bar to naturalization, but you simply cannot conceal it.
Sep 16th 2009, 10:33 pm
#218
BE Enthusiast
Joined: Sep 2003
Location: Adelaide
Posts: 716
Re: OVER 50's & 60's MOVING BACK TO THE UK.
What a wonderful ( thread ) this has turned out to be, I have learned so much, with so many of my questions being answered, with so many great posts keep it coming 
Sep 17th 2009, 9:33 am
#219
magistrate
Joined: Jun 2009
Location: devon
Posts: 40
Re: OVER 50's & 60's MOVING BACK TO THE UK.
Hi again to all us aging Hippies
7 days to us going back to the UK,sold furniture for a song yesterday !and had my poor old cat put down ,my hubby was a rock and took him to the vet as I just could not face it again . We are now staying in a hotel in manchester ,uk as relatives unable to put us up for a couple of nights and then moving on with expensive hire car to our rental apartment in Devon .If only our house had sold here we would be in a far better situation financially but I live in hope .
We are both a little edgy right now ,12 years out of the Uk and I know things have changed obviously so will continue to post on this site with views on the UK and will be happy to answer any questions regarding things in the UK from people interested in returning .
A footnote ,when I am depressed I turn to You Tube and watch the funny British adverts past and present and tears of laughter watching the lancashire comedian ,Peter Kay,an absolute gem
7 days to us going back to the UK,sold furniture for a song yesterday !and had my poor old cat put down ,my hubby was a rock and took him to the vet as I just could not face it again . We are now staying in a hotel in manchester ,uk as relatives unable to put us up for a couple of nights and then moving on with expensive hire car to our rental apartment in Devon .If only our house had sold here we would be in a far better situation financially but I live in hope .
We are both a little edgy right now ,12 years out of the Uk and I know things have changed obviously so will continue to post on this site with views on the UK and will be happy to answer any questions regarding things in the UK from people interested in returning .
A footnote ,when I am depressed I turn to You Tube and watch the funny British adverts past and present and tears of laughter watching the lancashire comedian ,Peter Kay,an absolute gem
Sep 17th 2009, 10:06 am
#220
BE Forum Addict
Joined: Jun 2009
Location: Finally back home in Scotland
Posts: 1,031
Re: OVER 50's & 60's MOVING BACK TO THE UK.
7 days for me also. Yesterday, exchanged money, got medical records from Dr. on CD, and photo copied all important papers, credit cards, passport etc. New grandbaby born yesterday, so this has a been a roller coaster of a ride this week. I am still looking forward to being back home but it is a little daunting when doing it be yourself at least until my husband can join. A funny thing happened though, I have had problems finding a good hairdresser that will cut my hair the way I want it, finally went to new one yesterday and guess what, he did it perfectly
Hi again to all us aging Hippies
7 days to us going back to the UK,sold furniture for a song yesterday !and had my poor old cat put down ,my hubby was a rock and took him to the vet as I just could not face it again . We are now staying in a hotel in manchester ,uk as relatives unable to put us up for a couple of nights and then moving on with expensive hire car to our rental apartment in Devon .If only our house had sold here we would be in a far better situation financially but I live in hope .
We are both a little edgy right now ,12 years out of the Uk and I know things have changed obviously so will continue to post on this site with views on the UK and will be happy to answer any questions regarding things in the UK from people interested in returning .
A footnote ,when I am depressed I turn to You Tube and watch the funny British adverts past and present and tears of laughter watching the lancashire comedian ,Peter Kay,an absolute gem
7 days to us going back to the UK,sold furniture for a song yesterday !and had my poor old cat put down ,my hubby was a rock and took him to the vet as I just could not face it again . We are now staying in a hotel in manchester ,uk as relatives unable to put us up for a couple of nights and then moving on with expensive hire car to our rental apartment in Devon .If only our house had sold here we would be in a far better situation financially but I live in hope .
We are both a little edgy right now ,12 years out of the Uk and I know things have changed obviously so will continue to post on this site with views on the UK and will be happy to answer any questions regarding things in the UK from people interested in returning .
A footnote ,when I am depressed I turn to You Tube and watch the funny British adverts past and present and tears of laughter watching the lancashire comedian ,Peter Kay,an absolute gem
Sep 17th 2009, 11:13 am
#221
BE Forum Addict
Joined: Jun 2009
Location: Finally back home in Scotland
Posts: 1,031
Re: OVER 50's & 60's MOVING BACK TO THE UK.
Hi there, we were just wondering how easy it is in the UK for people who are in there 50's to get mortgage. It can be difficult here in Canada, is it the same in UK, can anyone comment.
Sep 17th 2009, 12:07 pm
#222
Ping-ponger
Joined: Jul 2002
Location: Dreich Alba
Posts: 12,006
Re: OVER 50's & 60's MOVING BACK TO THE UK.
, and am due a lump sum at retirement, and also did a forecast of pay rises, etc., which would allow overpayments in the last 5-10 years of the mortgage.I think if you go in with a plan like that, it would help. UK banks seem more wary of lending past retirement age than US banks (though I suspect that may be changing, too). I'm sure if you have a decent deposit it would make a big difference too. Most banks want to see at least 25% deposit these days (though 90% mortgages and up are available, they come with high interest rates and application fees).
Sep 17th 2009, 12:41 pm
#223
BE Enthusiast
Joined: Aug 2007
Location: Charleston SC, USA, North Yorkshire, now Malta
Posts: 632
Re: OVER 50's & 60's MOVING BACK TO THE UK.
Hi again to all us aging Hippies
7 days to us going back to the UK,sold furniture for a song yesterday !and had my poor old cat put down ,my hubby was a rock and took him to the vet as I just could not face it again . We are now staying in a hotel in manchester ,uk as relatives unable to put us up for a couple of nights and then moving on with expensive hire car to our rental apartment in Devon .If only our house had sold here we would be in a far better situation financially but I live in hope .
We are both a little edgy right now ,12 years out of the Uk and I know things have changed obviously so will continue to post on this site with views on the UK and will be happy to answer any questions regarding things in the UK from people interested in returning .
A footnote ,when I am depressed I turn to You Tube and watch the funny British adverts past and present and tears of laughter watching the lancashire comedian ,Peter Kay,an absolute gem
7 days to us going back to the UK,sold furniture for a song yesterday !and had my poor old cat put down ,my hubby was a rock and took him to the vet as I just could not face it again . We are now staying in a hotel in manchester ,uk as relatives unable to put us up for a couple of nights and then moving on with expensive hire car to our rental apartment in Devon .If only our house had sold here we would be in a far better situation financially but I live in hope .
We are both a little edgy right now ,12 years out of the Uk and I know things have changed obviously so will continue to post on this site with views on the UK and will be happy to answer any questions regarding things in the UK from people interested in returning .
A footnote ,when I am depressed I turn to You Tube and watch the funny British adverts past and present and tears of laughter watching the lancashire comedian ,Peter Kay,an absolute gem
Sep 17th 2009, 3:43 pm
#224
BE Forum Addict
Joined: Sep 2009
Posts: 1,197
Re: OVER 50's & 60's MOVING BACK TO THE UK.
Thanks to elvira, moderator jerseygirl, and all who have replied to my queries about permanent residency in Uk, visiting US etc.
I don't want to become a US citizen because of the oath, as I said, although it does sound as if it makes things easier.
I'll keep researching and looking into it all.
Best of luck to those who are moving back to UK in a week! keep us posted about how things go...
I don't want to become a US citizen because of the oath, as I said, although it does sound as if it makes things easier.
I'll keep researching and looking into it all.
Best of luck to those who are moving back to UK in a week! keep us posted about how things go...
Sep 17th 2009, 4:42 pm
#225
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,022
Re: OVER 50's & 60's MOVING BACK TO THE UK.
Thanks to elvira, moderator jerseygirl, and all who have replied to my queries about permanent residency in Uk, visiting US etc.
I don't want to become a US citizen because of the oath, as I said, although it does sound as if it makes things easier.
I'll keep researching and looking into it all.
Best of luck to those who are moving back to UK in a week! keep us posted about how things go...
I don't want to become a US citizen because of the oath, as I said, although it does sound as if it makes things easier.
I'll keep researching and looking into it all.
Best of luck to those who are moving back to UK in a week! keep us posted about how things go...
Do it...you have nothing to lose but you may regret it if you don't.