EU visa or UK visa?

[Victoria1977]

Hi there,

I am a UK citizen, married to a US citizen who has been living and working in the UK for almost 2 years on a 'limited leave to remain' spousal visa. In March it will expire and we will have to reapply at a cost of over 500 pounds.

However, I work with a US citizen whose husband is from Sweden. I have been told that they only paid around 65 pounds for her EU visa which is valid for 10 years! Does anybody know about applying for an EU visa as opposed to a UK visa?? We are skint!!

[djayMath]

Hi vicoria1977,

i'm not an expert, but As far as i know because you're a UK citizen, you husband have to apply for ILR (Indefinite Leave to Remain) and indeed it cost more than £500,

your collegue is a different case she applied for PR (Permanente Residence) under EEA law wich is free of charge Not even a penny

hope one of the expert wil give you a better answer and you will save some money for your next holiday

[Victoria1977]

Thanks for the info. It seems a bit unfair - I wonder if it is possible to apply for a PR under EEA law instead? It would be more cost effective, especially as we only really intend to stay another year or so (and then move to the US),
Thanks for your help!

[yankeegirl]

Hi Victoria,

Sorry, but you can't use the EU route. Your husband though can apply for ILR (indefinite leave to remain) 28 days before the expiry of his spousal visa provided he has taken the Life in the UK test. It is a hefty cost but by having the UK spousal visa he obtains permanent residence in just two years as opposed to 5 for other EU nationals and their spouses. Sorry for the bad news

[yankeegirl]

I just wanted to add something else for you to consider...

Your husband should be eligible to apply for British citizenship a year after getting ILR. It might be beneficial to have him do so before any move to the US to save having to go through the UK immigration process again should you ever want to move back to the UK.

[Victoria1977]

Thanks for the advice. However, if we waited and he applied for British citizenship, would he be revoking his US citizenship, or would he have dual citizenship?

[sakura]

Thanks for the advice. However, if we waited and he applied for British citizenship, would he be revoking his US citizenship, or would he have dual citizenship?

OK, let's clear a few things up!

I am a UK citizen, married to a US citizen who has been living and working in the UK for almost 2 years on a 'limited leave to remain' spousal visa. In March it will expire and we will have to reapply at a cost of over 500 pounds.

Do you mean re-apply for another spousal visa? If your partner has been here on a two-year spouse visa, then all he needs to do now is obtain indefinite leave to remain (ILR), basically permanent residency! WARNING: do NOT allow the visa to expire or he might have to return to the US and re-apply for a new spouse visa! Basically, look at this form, follow the instruction, and apply for ILR.

http://www.ind.homeoffice.gov.uk/6353/11406/set

http://www.ind.homeoffice.gov.uk/6353/11406/set

Taken from here: http://www.ind.homeoffice.gov.uk/applyi ... tionforms/

Yes, it does cost a hell of a lot of money, but there is nothing you can do, really. Unfortunately, you might have to forego a few weeks' trip to the pub, start saving so that you don't feel the pinch too much. But, for your partner, it'll be worth the hassle that he no longer has to worry about his visa expiring.

However, I work with a US citizen whose husband is from Sweden. I have been told that they only paid around 65 pounds for her EU visa which is valid for 10 years! Does anybody know about applying for an EU visa as opposed to a UK visa?? We are skint!!

Hmm...I also work with a US citizen whose husband is from Sweden! Do we work in the same office!

Moving on - I don't know of any visa valid for 10 years. Or that only costs £65. The EEA family permit is the visa that allows all EEA nationals to move around the EEA with their non-EEA family members. But three things about this;
1. it is only for EEA people who move to another EEA country, not for those living in their own country. There is an exception (the "Surinder Singh") that allows you to use the route if you are (for example) a British citizen living in Britain, who moves to France and then moves BACK to Britian, with their non-EEA partner. So, if you move elsewhere, and then return, you can use it.
2. it is free - I don't know why they paid anything for it?
3. the BUT in all this? It is 5 years to permanent residency, rather than 2 years via the British immigration system. It might not matter much to an American citizen who has visa waiver rights in all (or most) EU countries.

Thanks for the info. It seems a bit unfair - I wonder if it is possible to apply for a PR under EEA law instead? It would be more cost effective, especially as we only really intend to stay another year or so (and then move to the US),
Thanks for your help!

Have you and your partner lived in another EEA country together? That's the only way you can ever apply for it. Or - are you Irish, or any other EEA nationality? You can use it if you are, regardless of your British citizenship (advantages of dual citizenship!).

Thanks for the advice. However, if we waited and he applied for British citizenship, would he be revoking his US citizenship, or would he have dual citizenship?

Nah - he should know this! No revocation of citizenship. Both the UK and the US recognises (or anyway accepts) dual nationality. Lucky you!
But...it'll cost you...something like £750 for ILR then £575 for naturalisation. But remember: just save your beer money!

Also - your children will be both British and American nationals. Or should be: if you are British otherwise than by descent (i.e. you were born here before 1981 or naturalised, for two examples), then your children, even if born outside the UK, will also be British. I assume your husband was born in the US, so he should be able to pass on his citizenship to his children born anywhere in the world (anyway check with US nationality laws for further clarification).

So, you're all set!

[Docterror]

I don't know of any visa valid for 10 years.

The document certifying the PR for non-EEA family members under the EEA route is valid only for 10 years and I guess is the "visa" in question.

[JAJ]

Also - your children will be both British and American nationals. Or should be: if you are British otherwise than by descent (i.e. you were born here before 1981 or naturalised, for two examples), then your children, even if born outside the UK, will also be British.

Pretty much every British citizen born in the UK after 1.1.83 also has that status "otherwise than by descent"

I assume your husband was born in the US, so he should be able to pass on his citizenship to his children born anywhere in the world (anyway check with US nationality laws for further clarification).

Not quite as simple. The US does't have the same distinction between a citizen by birth and by descent. Children born since 14.11.1986 with one US parent will only be automatic US citizens if the US parent lived in the US for 5 years, including 2 years after age 14.

However, since 27 Feb 2001, children of a US citizen parent become US citizens immediately upon admission to the United States as immigrants (while under 18 ), under the Child Citizenship Act 2000. (if they don't already have US citizenship).

[Christophe]

Thanks for the advice. However, if we waited and he applied for British citizenship, would he be revoking his US citizenship, or would he have dual citizenship?

No, he would continue to be a US citizen. A good website that makes a sensible place to start for US citizens is http://www.richw.org/dualcit/. It is not an official site, but it contains links to official sites.

[sakura]

I don't know of any visa valid for 10 years.

The document certifying the PR for non-EEA family members under the EEA route is valid only for 10 years and I guess is the "visa" in question.

Does it cost anything? I thought it was free.

[sakura]

Also - your children will be both British and American nationals. Or should be: if you are British otherwise than by descent (i.e. you were born here before 1981 or naturalised, for two examples), then your children, even if born outside the UK, will also be British.

Pretty much every British citizen born in the UK after 1.1.83 also has that status "otherwise than by descent"

I assume your husband was born in the US, so he should be able to pass on his citizenship to his children born anywhere in the world (anyway check with US nationality laws for further clarification).

Not quite as simple. The US does't have the same distinction between a citizen by birth and by descent. Children born since 14.11.1986 with one US parent will only be automatic US citizens if the US parent lived in the US for 5 years, including 2 years after age 14.

However, since 27 Feb 2001, children of a US citizen parent become US citizens immediately upon admission to the United States as immigrants (while under 18), under the Child Citizenship Act 2000. (if they don't already have US citizenship).

AH! Yes I remember reading something about the "lived in the US for at least..." clause. I assumed, though, that in the OP's case he has probably lived in the US for at least 5 years, so they should be ok.
Is that right, victoria1977

[Docterror]

I don't know of any visa valid for 10 years.

The document certifying the PR for non-EEA family members under the EEA route is valid only for 10 years and I guess is the "visa" in question.

Does it cost anything? I thought it was free.

At £65 for the "visa" I am guessing that it was the post-PR celebration tab!

[jes2jes]

I just wanted to add something else for you to consider...

Your husband should be eligible to apply for British citizenship a year after getting ILR. It might be beneficial to have him do so before any move to the US to save having to go through the UK immigration process again should you ever want to move back to the UK.

This is not true Yankeegirl! A spouse of a British Citizen can apply for naturalisation immediately after obtaining ILR and there is no waiting period. The only clause to fulfil would be the residency period. I guess for spouses of Brit citizens it is three years and non-Brits it is 5 years.

[Docterror]

I just wanted to add something else for you to consider...

Your husband should be eligible to apply for British citizenship a year after getting ILR. It might be beneficial to have him do so before any move to the US to save having to go through the UK immigration process again should you ever want to move back to the UK.

This is not true Yankeegirl! A spouse of a British Citizen can apply for naturalisation immediately after obtaining ILR and there is no waiting period. The only clause to fulfil would be the residency period. I guess for spouses of Brit citizens it is three years and non-Brits it is 5 years.

Which is exactly what yankeegirl means. Since the OP's husband has only been in the UK for 2 years when the ILR will be granted, there is a 1 year wait with ILR to meet the 3 year residency requirement for naturalisation.

[Victoria1977]

Thanks everyone I appreciate it. I think the best option (though expensive) is to wait til his current limited leave to remain expires in March, apply for IDL at 750 pounds, wait 1 year and then apply for citizenship at 575 pounds. Bloody hell! If we left and went to the U.S. when his current visa expires and then wanted to come back to the UK in 10 years, am I right in thinking that as the law currently stands, we would have to apply for a limited leave to remain all over again? Then the IDL?

[John]

I think the best option (though expensive) is to wait til his current limited leave to remain expires in March, apply for IDL at 750 pounds, wait 1 year and then apply for citizenship at 575 pounds.

No, don't wait until the visa expires next March! Put in the application before the expiry of the current visa! In the last 28 days of validity of the current 2-year spouse visa.

From what you post your spouse was in the UK prior to the grant of the spouse visa. Is that correct? On what immigration basis was that? I make this comment because you posted :-

living and working in the UK for almost 2 years on a 'limited leave to remain' spousal visa. In March it will expire

-: so doing the maths they must have been in the UK prior to the spouse visa.

That being the case it is not necessary to wait a further year before applying for Naturalisation. It is merely a question of completing a 3-year legal period in the UK .... or rather a 3-year period during which the person was not illegal at any time in the UK.

[Victoria1977]

Thanks. It clears a few things up. He arrive on a fiancee visa first, so at least that helps a bit.

[SYH]

I think the best option (though expensive) is to wait til his current limited leave to remain expires in March, apply for IDL at 750 pounds, wait 1 year and then apply for citizenship at 575 pounds.

No, don't wait until the visa expires next March! Put in the application before the expiry of the current visa! In the last 28 days of validity of the current 2-year spouse visa.

From what you post your spouse was in the UK prior to the grant of the spouse visa. Is that correct? On what immigration basis was that? I make this comment because you posted :-

living and working in the UK for almost 2 years on a 'limited leave to remain' spousal visa. In March it will expire

-: so doing the maths they must have been in the UK prior to the spouse visa.

That being the case it is not necessary to wait a further year before applying for Naturalisation. It is merely a question of completing a 3-year legal period in the UK .... or rather a 3-year period during which the person was not illegal at any time in the UK.

Nice catch.

[yankeegirl]

If we left and went to the U.S. when his current visa expires and then wanted to come back to the UK in 10 years, am I right in thinking that as the law currently stands, we would have to apply for a limited leave to remain all over again? Then the IDL?

Yes, that's right. I know it's pricey, but if he applies for and obtains British citizenship before any move back to the US, then at least you'll not have to worry about immigration issues should you want to return to the UK.

[mym]

yankeegirl, also read up on the "ppron method" as it may possibly be useful to you.

http://tinyurl.com/36uf2e

[yankeegirl]

I think you meant helpful to the OP lol. I had forgotten about the ppron method, though definitely not beneficial in my case since my DH has no intention of ever becoming a British citizen lol.