British Husband, American Wife - Kids (adult & minor)

[icecreamtiger]

My husband came to the US for us to get married and it'll be 3 years this Feb. We have decided to move back to the UK, but we are researching the sponsorship issue. He started work in late June in the UK and I plan to travel there late August.

He adopted my minor children (his name is now on their birth certificates). I have two adult children with one that will be staying in the US 4+ years (university) and the other that would like to move to the UK. We have one biological child together.

Does the process require that I leave the UK while the visa processes? I've seen some family visas where you can remain.

Is he able to sponsor me as well as my adult (20yr old) daughter through the family visa process? Can his parents sponsor her?

Are there timelines available of how long processing is?

We are familiar with the financial requirement and that part is fine. I'm just having a hard time wrapping my brain around UK immigration vs. US!

We (myself & kids) also have the option of becoming Italian citizens through ancestry (could process in the fall), but it is expensive and with Brexit we're not convinced it's the smart route to go.

[Wanderer]

Under UK rules anyone over 18 is considered an adult and has to qualify for LTR under their own merits.

If you are in UK under visa waiver (i.e. Tourists) you would have to return to US to apply for spouse visa.

Third party sponsorship for anyone is not allowed under any particular circumstance.

[secret.simon]

Ironically, given that the Brexit process has not been started formally, the best bet for your family and you would be under EU laws.

As Wanderer mentioned, UK Immigration Rules expect people over 18 to qualify in their own right, as a work permit holder under Tier 2 or as a student under Tier 4 (which does not allow settlement in the UK).

The best course of action would be to start the ball rolling on the Italian citizenship route. That way, all your family members eligible for Italian citizenship will still be able to live and work in the rest of the EU as well as in the UK in spite of Brexit.

In the meanwhile, in the immediate future, your British husband should move to an EEA country that he (and ideally nobody in the family is) is not a citizen of (so, not the UK and ideally not Italy). He should start exercising treaty rights (by working) and then invite the family over.

Under EU law, all people dependent on him or a part of his household (without regards to age) qualify to join him in that EEA country. Once he has established the "center of his life" there (typically by enrolling in local language classes, kids in local schools, etc), he can then move to the UK with the whole family under EU laws. This is called the Surinder Singh route. The EEA-Route Applications forum covers this route in some depth. And of course, there is always Google.

I'm just having a hard time wrapping my brain around UK immigration vs. US!

More like it is EU vs US