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Spousal visa then UKM once home in Britain for my USA hubby?

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Baroque60
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Spousal visa then UKM once home in Britain for my USA hubby?

Post by Baroque60 » Mon Apr 09, 2012 1:37 pm

I wonder if anyone has any insight or knowledge they can offer to me please?:

In brief, DH (a US citizen) and I (a UK citizen) are going home to the UK after 20 years in the States. Yay!

Anyway. As well as the spousal visa, my DH is also eligible for UK citizenship via UKM (his mum is English). We had been planning that he will apply to register for his UK citizenship (UKM) from here in America but right now the timing seems to be such that should the house sell quickly we run the risk of being stuck here in the States for six months or more with no where to live and him not even allowed to await his UKM in the UK as a holiday visitor. (We're told that some UKM applications are taking almost a year whilst even straight forward ones seem to be taking more than 6 months).

So we are thinking that perhaps it would be better to apply for the spousal visa, which seems to be coming through quite quickly at the moment, then once we get to England, rather than continue on that route to naturalization, apply via UKM. Then he wouldn't have to take KOL and neither would we anymore need to move back to England within that three month visa period because we'd not need to worry about the timing at the "backend" of the 27 months.

On the face of it this seems to give us the flexibility we need as to timing our return home, even though it will give us a little more expense. Does anyone know if there's any reason we shouldn't/can't take this route? (i.e. changing immigration "route" mid-stream") I've spent days reading all the government sites and also tried to call them to no avail! I suspect that there's more knowledge and experience here than at a call centre in the UK anyway :wink:

Any thoughts or insights would be very gratefully received since my head is a mush of information but I'm struggling to make much sense of the complexities! Maybe it isn't complicated actually? Maybe we just apply for a spousal visa now, come home then go for the UKM???

Thanks...

Lucapooka
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Location: Brasil

Post by Lucapooka » Mon Apr 09, 2012 2:56 pm

Visit the UK with him (on arrival say it's just a visit for both of you and try to keep a straight face) and then apply for the UK passport inside the UK. This will save you the 826 pounds for the settlement visa and the burden of proof that is necessary to support it.

Does he need to register first? If he is British by descent he can apply directly for a passport.

Baroque60
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Post by Baroque60 » Mon Apr 09, 2012 3:13 pm

He was born in 1964 so he must register first, before applying for his UK passport.

We sort of ruled out the go-over-on-holiday-then-apply-from-there route because of that, and we were worried they might nab him on "good character" (or lack of) when they wondered how he got in initially!

Lucapooka
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Post by Lucapooka » Mon Apr 09, 2012 3:16 pm

When he registers as British, they won't question how he entered the UK; it's not relevant. Aside from this, for all anyone knows he may only have discovered his birth right after he arrived! He met a guy in a pub who was quite knowledgeable and decided to take it further.

He's not switching his immigration status; he's apply for British nationality. His current immigration status will cease to be relevant if successful. There is no conflict with the immigration rules.
Last edited by Lucapooka on Mon Apr 09, 2012 3:27 pm, edited 1 time in total.

Baroque60
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Post by Baroque60 » Mon Apr 09, 2012 3:26 pm

Ah!

Though another thought occurs; given that UKM applications are apparently taking 6 - 9 months (if you've lived out of the UK) wouldn't he have to leave the UK - if there as a visitor - before his approval came through????? And wouldn't be allowed to work there....which in the end would cost more than the spouse visa @ 826 pounds!

Lucapooka
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Post by Lucapooka » Mon Apr 09, 2012 3:28 pm

Does he think he will get work within 6 months? My understanding is that the UK is having a bad recession at the moment. If you are going to consider moving there you should have a look at your savings and cashflow. Even if you were already both British it's not going to be easy for you.

Baroque60
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Post by Baroque60 » Mon Apr 09, 2012 3:45 pm

He has a job lined up and can start when he wants. Savings reasonable too thankfully. But thank you for your thoughtfulness :D

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