I'm British, husband American: if we move to the US, can we return to the UK? He has ILR here!

[LondonWelsh 0]

Hi there everyone

Apologies if this is in the wrong forum!

I saw a thread - I think maybe a pinned post? - about spouses potentially not being allowed back into the UK to reside once relocated to the US.

My husband has Indefinite Leave to Remain here in the UK and has been here 10+ years.

We are currently embarking on the visa process for our family (including our 3yo child who has both UK and American citizenship) to move to the US.

Does this mean we would be subjected to the new financial requirements for non-UK citizens if we were to come back to the UK at any point? Or does the fact he has ILR mean he could come back here again?

Thanks for any advice on this!

LW x

[NikLR 13,227]

~~moved to UK forum from IR1/CR1 process and procedures~~

[LondonWelsh 0]

~~moved to UK forum from IR1/CR1 process and procedures~~

Thank you for moving to correct place, still finding my way around!

[NikLR 13,227]

Thank you for moving to correct place, still finding my way around!

No worries! That's why we have organizers on top of mods. Edited December 9, 2015 by NLR

[Nich-Nick 3,354]

That is probably a question best asked of the UK government. Does ILA get revoked if you move out of the UK?

The financial things are true with new people trying to immigrate and get that ILA. You need to ask the UK if the ILA is forever and ever.

On the other side, if you get a greencard, then move back to the UK, you lose your greencard. You would start over from the beginning to immigrate back to the US. If you obtained US citizenship first, then you could move back and forth at will.

[LondonWelsh 0]

That is probably a question best asked of the UK government. Does ILA get revoked if you move out of the UK?

The financial things are true with new people trying to immigrate and get that ILA. You need to ask the UK if the ILA is forever and ever.

On the other side, if you get a greencard, then move back to the UK, you lose your greencard. You would start over from the beginning to immigrate back to the US. If you obtained US citizenship first, then you could move back and forth at will.

Thanks!

Not currently on the cards to come back to the UK within a few years of relocation - would hope to be there long enough to get citizenship (3 years?) before that, if ever! Just nice to know what the score is

[LondonWelsh 0]

Ah - found this here:

How long is Indefinite Leave to Remain valid for?

There is no time limit on Indefinite Leave to Remain in the UK, however it is important to note that you should not spend periods of more than two years outside the UK as this may lead to the loss of ILR.

http://www.visalogic.net/uk/indefinite-leave-to-remain/4/50

By this reckoning, one of us will lose our rights in the UK or US one way or another it seems!

[Nich-Nick 3,354]

Ah - found this here: How long is Indefinite Leave to Remain valid for?

There is no time limit on Indefinite Leave to Remain in the UK, however it is important to note that you should not spend periods of more than two years outside the UK as this may lead to the loss of ILR.

http://www.visalogic.net/uk/indefinite-leave-to-remain/4/50

By this reckoning, one of us will lose our rights in the UK or US one way or another it seems!

So ILA is similar to a greencard in that it can be revoked If you remain outside that country for certain lengths of time. Maybe he should look at gaining his British citizenship if he qualifies. https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

[LondonWelsh 0]

So ILA is similar to a greencard in that it can be revoked If you remain outside that country for certain lengths of time. Maybe he should look at gaining his British citizenship if he qualifies. https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

Thanks I wondered about that- but didn't think it would look good with our needing to prove his intent to live in the US for my visa application if he was going for this at the same time?! Seemed contrary!

[Nich-Nick 3,354]

Thanks I wondered about that- but didn't think it would look good with our needing to prove his intent to live in the US for my visa application if he was going for this at the same time?! Seemed contrary!

Well you are only proving his intent to the Americans to meet the requirements of the I-864 which says a sponsor must be US domiciled.

Nothing to do with pending applications to the UK, which they don't know about.

[DJ6372 111]

Hi we have a similar situation, my wife (USC) has ILR in the UK, we now live in the US

You need to come back to the UK within 2 years to keep your ILR valid, and keep coming back 2 yearly

A vacation is fine, and there is no time limit you need to stay in UK

We just pop over for a vacation

[LondonWelsh 0]

Well you are only proving his intent to the Americans to meet the requirements of the I-864 which says a sponsor must be US domiciled.

Nothing to do with pending applications to the UK, which they don't know about.

Thanks, will look into it. As he hasn't been US domiciled for years we're going to have to collect that extra stuff to show his intent (letter from his father stating he will give my husband work and our family a home I hope will be the main thing!) anyway...

Hi we have a similar situation, my wife (USC) has ILR in the UK, we now live in the US

You need to come back to the UK within 2 years to keep your ILR valid, and keep coming back 2 yearly

A vacation is fine, and there is no time limit you need to stay in UK

We just pop over for a vacation

Oh that is interesting! We definitely will be coming back to visit family at least every 1-2 years we hope anyway

Is that written anywhere do you know?

Thanks

[JFH 12,190]

So much easier to get dual citizenship. That's what I intend to do. My brother's wife had ILR (she's from Mexico) but grabbed the British citizenship with both hands as soon as she could so that they can go back and forth as they please.

[DJ6372 111]

Thanks, will look into it. As he hasn't been US domiciled for years we're going to have to collect that extra stuff to show his intent (letter from his father stating he will give my husband work and our family a home I hope will be the main thing!) anyway...

Oh that is interesting! We definitely will be coming back to visit family at least every 1-2 years we hope anyway

Is that written anywhere do you know?

Thanks

This is the link to what happens if you stay out of the country over 2 years, I know it sounds backwards, but basically your fine within the 2 year cycle

The Passport Officer was the one who brought it to our attention, we both wrongly assumed it stayed valid permanently

https://www.gov.uk/returning-resident-visa

[AMZJ 61]

I think he forfeits it but I am not 100% England is really bad with visa laws. Get his UK citizenship and passport before you leave or it'll cause a nightmare later if you decide you want to come back because it will not be easy!