Help Please - USA Citizen Wife in UK with UK Husband

[A_KF]

Hello, I'm hoping someone can help me with this. I have searched the forums and uk borders site and i cant get an answer.
Basically, my wife and I have moved back to England. We have a family emergency so had to come back urgently. We married in England 5 years ago and her residency visa has expired so she is here on a visitors at the moment. Can someone please point us in the right direction as we will be staying here for more than 6 months.

Any help would be greatly appreciated.

Thank you.

[Lucapooka]

She can't remain for more than six months in a legal capacity. She can try to leave and re-enter (with another grant of six months as a visitor) at the discretion of the immigration officer who is admitting her. This carries a risk of refusal but is not impossible if she has the right answers to the questions that may be asked of her.

She will have to return to the USA and apply for a settlement visa - she can't make an application to settle from her current circumstances inside the UK as a visitor.

Are you familiar with the new financial requirements? You need to show an annual income of 18.6K or higher (and have been garnering this for the previous six months), or have substantial savings in lieu of this (and have held this for the previous six months).

http://www.bia.homeoffice.gov.uk/visas- ... you-apply/

[A_KF]

Thanks so much for the quick response.
The problem is she is pregnant and due in December. Do you know how long it will take from once we submit the application from within the states?

Thanks again.

[Lucapooka]

It can be emitted within 48 hours if you pay the extra $300 for the premium settlement service. Otherwise a wait of 3 weeks is about average.

[A_KF]

Thank you.
Is there any other visa that we can apply for? From within the UK, I dont really want her to travel because of the pregnancy.
Possibly a renewal on her expired visa?

Thank you

[Lucapooka]

No, and it's worth mentioning that under her current status she will be liable to pay for her medical treatment. She is not due to have the baby until December so the UKBA would expect her to plan ahead for this and return to the States in time for that date. The standard airline cut-off is 36 weeks. Or, she can have the baby in the UK at your personal expense and if her current leave allows this, and then return to the USA before its expiry. If you want your child to British rather than British by descent, you should consider this option.

[A_KF]

Thanks again for all your help Lucapooka.

[A_KF]

One more question - Do you think the Returning Resident path is an option?

http://www.ukba.homeoffice.gov.uk/visas ... residents/

Or is that for visas that have not expired.

Thank you.

[Greenie]

One more question - Do you think the Returning Resident path is an option?

http://www.ukba.homeoffice.gov.uk/visas ... residents/

Or is that for visas that have not expired.

Thank you.

it is only for people who had indefinite leave to enter or remain before leaving the UK.

[Lucapooka]

Yes

[A_KF]

ok thanks, i will check her passport this evening.

[Lucapooka]

But you say she has already been admitted as a visitor so that would cancel any existing leave.

[A_KF]

Yes thanks. So my wife is going to go back to the states.
Is it possible to start the process online, so have everything filled out and then submit the application when she is there? Do you know how quickly she will get a date for the biometric? We will have all the supporting docs in an envelope ready to send in..

Thanks so much