colly woly

We are a family of 5. We are 51 and 52 - 3 children 21 yr old in last year of un studying
- 18 year old starting uni in Sept and a 12 yr old just started secondary school.
We lived on east coast usa - NJ and Philly for 6 years returned to uk 8 yrs ago for kids education mainly. Now we have an opportunity to again return to usa. We would have to leave older kids in uk but worried about visas for them - prospects if they wanted to live with us once uni finished also in school holidays?
Are we ,too old to return?. We cashed in 401k when we left last time as we needed the money so we have no usa pension. We have been given option of h1b visa or e2 visa and L visas. Which would be best.?? Are we crazy to consider this? Would likely need to return to uk just n 3 years for 12 year olds university. Just loved our life in usa but .....afraid to split family... hate this dilemma. On one hand feel adventure and life enhancing opportunity for 12 year old who remembers nothing of early years in usa. Also we are,v stuck in uk always talking of retirement plans but lost our way a bit with too much work and stress and little fun. Feel we, need a change and something new - scared to let go of opportunity but scared to go!!! Help us - any guidance a appreciated

md95065

So, are you really just contemplating spending 3 years in the US with your 12 year old while the 18 year old goes to university in the UK and the 21 year old presumably graduates and gets a job in the UK.

If so, then that doesn't really seem to me that it is "splitting the family" since the two eldest are both already in the process of leaving home and starting their own life and they can still come and visit you in the US a couple of time a year (assuming that they / you can afford it).

In that case the real question seems to be whether it is a good idea to uproot the 12 year old for 3 or 4 years, take them to the US and then bring them back to the UK for university. That is something that only you can decide but I would have some concerns about how well that would work out for your youngest child.

penguinsix

You should pay particular attention to the UK residency rules for tuition at university as your youngest may be classified as a foreign student and have to pay significantly increased fees.

Noorah101

The 21 year old will only be able to visit the USA, unless she qualifies for a visa based on her own merit (maybe student visa). She won't be able to get a derivative visa based on yours.

Rene

cautiousjon

I would ask your child what s/he wants to do. Whilst it might seem like an adventure to go to USA for three or four years, I could imagine s/he making some good friends and becoming settled in USA, not wanting to leave when you want to send him/her back to the UK for university.

You have to be very careful about this, as it is not guaranteed that your 12 year old child will qualify as a UK resident for university admissions reasons. For example, you have to be "ordinarily resident" in the UK, which is typically where your "home" is. It could possibly look suspicious if your child returned for exactly three years before applying to university, and one would argue that your child's "home" would be where her/his parents are... i.e. in the USA.

I suggest you do some reading into this.

UK University Fees-Three Year Residence Rule : British Expat Wiki

UKCISA - 'Ordinary residence' case law

Indeed. You cease to be considered a dependent at the age of 21, so if your 21 year old wants to live and stay with you and your husband in the USA, s/he will have to qualify for her/his own visa on her/his own merits.

colly woly

Thanks so much. This is all food for thought - I'm v grateful.

We need to carefully plan it. The company has UK offices so looking at secondment - this option may mean being paid in UK and pulling money from UK account to USA monthly worried about healthcare costs in USA for older children if they are staying g over long periods etc so much to consider. We need to really want this to go to USA. I'm really not sure I have the energy for it all - thanks

Wintersong

How do your kids feel? Is your 21 year old happy to job search without a secure UK home base? Is your 18 year old ok with potentially spending vacations in their uni city or in a foreign country, away from all their friends? Is your 12 year old happy with the idea of moving to a different school system at this point in their education?

Pulaski

If you put your 12 year old into the US education system then take them back to the UK at age 15, you will have messed up their GCSE studies, and maybe put the back a year. Stay where you are.
That presumably why the OP gives the times he does .... +3 = 15, 18-15= 3, being the number of years to be in the UK to get classifed as a domestic student.

scrubbedexpat099

They would get travel insurance like any other visitor.

Nutmegger

Sounds as if they wouldn't be visiting for longer than the 90 days of the VWP.

scrubbedexpat099

I assumed long periods was a couple of months.

Nutmegger

No, that's the blink of an eye!

Pulaski

As the children are presumably British citizens (and obviously not USCs otherwise this thread would be pointless), and given the oft-reported fact that getting a B-2 visa as a British citizen is unlikely, their "visits" would necessarily be limited to 90 days maximum.

celticgrid

What do the older children think? Presumably they remember the previous US stay...what's their input on how this might benefit (or otherwise) the 12 year old?

robin1234

Another option would be to really settle in the USA for the long haul, then the youngest child could go through high school and college in the U.S. That might be better, educationally, than switching from one system to the other then back again.