England to America and Back!

[h_r_w]

Hello, I am a US Citizen and am happily married to a British Citizen and we have now lived in England together for 5 years. We have begun the process of applying for a green card for my husband as we would like to spend the next year and perhaps more in America. In the UK, I have been granted indefinite leave to remain but am aware that if I am out of the UK for 2 years, I could lose this or perhaps would have to jump through many a hoop of wait time to regain access. I want to be able to live both the US and the UK with my husband and to feel assured that if we both decide to move again in either direction that this can be as effortless as possible. I lost my mom 2 years ago and my husband’s parents are elderly and I wouldn't want living in the US to mean that I have to once again spend countless hours and more money applying for more entry requirements. I also worry that if something ever happened to my husband and I wanted to come back and live so that I can be nearer to the rest of his family that I could do that without a lengthy process. My question is two fold perhaps (a) can I apply in good faith to become a British Citizen even though I may be away for the next year/my husband is applying for a green card simultaneously or (b) if I am away 2 years and want to come back using my Indefinite Leave pass what steps might I have to take/fees to incur to regain that status. Thank you in advance for any advice or suggestions.

[ppron747]

Apply away!

A person who is not married to a British citizen is required by the British Nationality Act to intend to continue to live in the UK, but this requirement does not apply to a person who is married to a British citizen - presumably because, as half of a pair, you can't be held responsible for the intentions of the other half of the pair....

Anyway, regardless of the reasons for the difference in requirements, you are under no moral or legal obligation regarding your future place of residence - have a look at Guide and Form AN(NEW), downloadable from this page on the IND website.

This looks like a useful study guide for the Life in the UK test - both it and the official book are also available on Amazon.co.uk.

If you decide not to apply, and your ILR falls away, the current spouse visa fee in the USA is a frightening US$520, according to the BritainUSA website.... Which sounds like a very good reason to avoid it!

[JAJ]

If you decide not to apply, and your ILR falls away, the current spouse visa fee in the USA is a frightening US$520, according to the BritainUSA website.... Which sounds like a very good reason to avoid it!

And more than that, if husband was deceased the spouse visa option might not be available at any cost. And the returning resident might not work either.

[h_r_w]

Thank you again to both JAJ and Paul for your helpful responses-all taken on board! I just remembered one more detail that I must sort and am not sure how long it prolongs things BUT my passport with the ILR stamp IS still in my maiden name. I simply never changed it over as I figured it was just more money to dish out and more forms. I believe I should now change the US to my married name as well as instructing the future British one i.e. on all application forms more than anything for continuity. Any thoughts or suggestions on this process? I think I will ring the US consulate in London next week. All the best, Holly