Married (in USA) to US Citizen, moving back to UK

[mrjgc]

Hi everyone,

I married my wife in Connecticut USA back in 2005, but I have returned to the UK in the last day (I am a British National, born in Northern Ireland) and she is arriving here (flying into Dublin, Rep. Ireland in the next few days, then joining me in Northern Ireland, UK), with our son (who was born in the US - both wife and son are US Citizens).

We want to live in the UK now as life in the US has been getting steadily worse over the years and she is ready to settle here with our son

My questions are:

Do I have to marry her here in the UK and what visa would I apply for exactly?


also, is it easy to get my son dual citizenship?


Thanks for any and all help

[pennylessinindia]

there are some inconsistencies with your posting which you may wish to amend to assist your posting replies .
You say your wife will arrive , later you say she has 3 months left on a visit visa , but she is a US citizen so not clear why she has a visa . Why does your child not have British Citizenship?
If you married legally no need to marry agin. Your post suggests you have been apart from her for some time?
Your wife can not switch from a visitor to spouse in the UK . She should apply for a settlement visa in the US prior to traveling

[mrjgc]

there are some inconsistencies with your posting which you may wish to amend to assist your posting replies .
You say your wife will arrive , later you say she has 3 months left on a visit visa , but she is a US citizen so not clear why she has a visa . Why does your child not have British Citizenship?
If you married legally no need to marry agin. Your post suggests you have been apart from her for some time?
Your wife can not switch from a visitor to spouse in the UK . She should apply for a settlement visa in the US prior to traveling

I have tried to amend my posting, sorry for any confusion, we have been together since 2004 (married in US since 2005), my son has never been to the UK and I presume British Citizenship is something that has to be applied for, even if you are the child of a UK Citizen.

I also was assuming that by flying from the US to Dublin, Republic of Ireland, that she could only stay a maximum of 90 days (3 months) as a tourist. She has her flights already booked so it's most likely too late for her to apply for the settlement visa now (she flies out Sunday Morning)

Also, it was this form:

http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf

that led me to believe it was possible to do everything from within the uk, that she could extend her stay if that form and the associated fees were paid.

Again, sorry if my posting was confusing/poorly worded

[Greenie]

It seems you have rather rushed into this without looking into the requirement.

Assuming you are British otherwise than by descent e.g. You were born in the UK to British parents, then your son is British by descent and does not need to apply for citizenship-he can just apply for a passport.

If you are legally married in the US you don't need to marry again in the UK.

The FLR(M) form is for in century applications but only for those eligible to switch in country which a visitor is not.

As your wife is due to arrive in the next few days then its too late to apply for the spouse visa now but i would suggest she uses the opportunity to take and pass the life in the UK test whilst she is here. This would enable her to qualify for indefinite leave to enter rather than a 27 month spouse visa when she goes back home to apply For her visa- as you have been married and living to together outside the UK for more than 4 years.

See
guidance

Are you aware of the maintenance and accommodation requirements and do you haknow how you are going to meet them? Do you have accommodation in the UK? Do you have employment lined up? Do you have savings?[/url]