TheBigMan

So first up - apologies if this is answered elsewhere... I really did spend quite a bit of time searching for this in the forums and the Wiki but to no avail.

I am a Brit living with my US wife in NYC. I am a US Permanent Resident (recently granted). My issue is this - everytime we go to the UK to visit family/friends, my wife gets the regular unpleasant treatment as she has been entering as a visitor. She's been asked for all sorts of things, and even though I am standing behind the immigration counters (having gone through the UK/EU line), they basically don't care and see her as a risk.

Additionally, if my working situation should change and I need to move to the UK at short notice, we don't want visas and/or immigration complicating the issue if we can avoid it. We have no immediate plans to move to the UK, which seems to be the crux of the majority of the advice regarding this subject.

Is there any sort of visa or leave to remain/right of abode or something else we can do to cement our marriage as far as the UK immigration authorities are concerned, so that my wife can enter the UK anytime as we wish? Also anything that would help with her being able to gain employment in the UK without having to wait when/if we decide to move... I once came across some information that had something to do with a "4 year" minimum marriage requirement, but I cannot for the life of me remember where I saw it or what it related to...

Thanks in advance for the help!

Ray

http://www.britainusa.com/visas/arti...65035&L1=41000

TheBigMan

That link seems only to refer to people wishing to settle in the UK...

I quote:
Entry clearance when issued is usually valid for 2 years and good for multiple entry. Applications should therefore be submitted only when you have specific plans to settle in the United Kingdom with your spouse.

My question really refers to getting something for my wife that allows her to visit the UK without being given the 3rd degree, and/or applying for something that gives her the right of abode/work in the UK without actually planning to move there right away...

neil

Never had an issue visiting but we've always gone through together. The first time we went through the visitors line but were told that because we are married and travelling together we could both go through the EU line so we've done that since then. Last time we did get asked the purpose of our trip followed by what seemed like a chatty question but was probably verifying the reason but it certainly was not unpleasant treatment.

I doubt you'll find anything that will lead to less questioning when you enter but as long as you show ties to the US and a return ticket if asked there shouldn't be any issues.

penguinsix

This is a good resource, http://talk.uk-yankee.com/, but I think what you are really wanting is something that doesn't really exist.

Your wife is a suspect because she is your wife. There are far too many Americans 'living' in the UK via VWP and other shenanigan and they are always on the lookout for potential fraud. Because my travel takes me in and out every sometimes twice a month, I am often pulled aside and asked 'do you live here?' and other questions like that trying to ascertain if I'm using VWP to get around the residency requirements.

I think you're just going to have to deal with it, or send her over to the US line by herself and let her come through like a normal tourist (sometimes I get only one question and then 'ok').

http://talk.uk-yankee.com/ Check out their forums about some legal things in the US. Might get a reply from someone in a similar situation

TheBigMan

Thanks Neil/penguinsix,

So there really is nothing we can do in terms of getting Mrs TheBigMan anything more concrete until we're actually planning to relocate to the UK on a permanent basis? Do you have any idea what that "4 year" thing I mentioned was (I swear it wasn't my imagination )

Let's say I got offered a new job in the UK next week - how long would it take to get my wife's move approved?

- TheBigMan

penguinsix

Here is a thread with more details. Not sure about the 4 year thing, but maybe some folks over at this site (Legalities of being American in the UK)

http://talk.uk-yankee.com/index.php?topic=3967.0


p.s. when the time comes for you two to move over, I'd recommend she take a hard look through that uk-yankee site, including the Homesickness thread. There is a lot of advice over there that might be helpful when you decide to resettle.

FlyergirlUK

It used to be, up until early this year, that if you had been married for 4 years you were eligible for ILR, Indefinite Leave to Remain, similar to getting a 10 year green card in the US.

It could take as little as a week if all requirements are fulfilled sufficiently.

lansbury

As has been said elsewhere go to the immigration desk together, happened all the time when I worked in the immigration halls at Heathrow.

However the only thing I would say is go to the non EU line as the officer on the EU desk doesn't always take their stamp with them or if the line is long they may well ask you to wait to one side until all the EU passport holders have been cleared.

TheBigMan

Thanks FlyergirlUK - so that's no longer possible (ILR as the spouse of a UK citizen living abroad)? Or have they extended the time beyond 4 years?


BTW: Thanks all for the hint on going through immigration together!

FlyergirlUK

Click here to read the relevant information.

ILR can only be granted upon passing the Life in the UK test but that test can't be done anywhere but in the UK, presumably while you are residing there so, therefore, your spouse would only get a visa good for two years. ILR would have to be applied for prior to the end of the validity of the first visa.

JAJ

As far as I know the test can be done while visiting the U.K. (there is no need to volunteer this information to Immigration on arrival). However ILR holders are expected to reside in the U.K. - it's not intended for use as a "glorified visitor visa." No different to the U.S. Green Card, really.

If spouse really wants to have freedom to move back and forth, there is no way other than becoming a naturalised British citizen.