What do you tell Border Control?

Hi all, kind of a random question I guess...I got my British citizenship last year and we are moving to the UK later this year from the US. I am also a US citizen, my family are all US citizens (only).

When we arrive, I will go through the normal UK citizen line on my British passport and just say I'm coming home.

My family will have to go through the normal line for non-UK/EU folks but what should they say? They're just coming for a visit? We will be applying for their visas shortly thereafter but US citizens get 6 months in the UK without a visa, so it won't be straight away. But I'm afraid if they say "we're moving to the UK" they will get stopped.

Have any of you ever done this? What did you say?

Lastly...I know this sounds dumb but as a citizen, I can now just turn up whenever I want, I don't need any reason why? I've just heard so many stories about folks getting stopped that I want to make sure I don't overlook something.

-Ben

transparency76 wrote:Hi all, kind of a random question I guess...I got my British citizenship last year and we are moving to the UK later this year from the US. I am also a US citizen, my family are all US citizens (only).

When we arrive, I will go through the normal UK citizen line on my British passport and just say I'm coming home.

My family will have to go through the normal line for non-UK/EU folks but what should they say? They're just coming for a visit? We will be applying for their visas shortly thereafter but US citizens get 6 months in the UK without a visa, so it won't be straight away. But I'm afraid if they say "we're moving to the UK" they will get stopped.

...

-Ben

Not sure your family members can switch from a visitor visa to a family type visa from within UK.
Suggest you dig into that before travelling.

Hi noajthan, thanks for the reply. Yes I'm aware of that...they plan to fly back to the US at some point before the 6 months is up and apply. I should have mentioned that point!

But by "visitor visa" you're not talking about a visa we have to procure in advance, but the normal visitor's visa you get just by showing up and being a US citizen visiting the UK?

-Ben

transparency76 wrote:Hi noajthan, thanks for the reply. Yes I'm aware of that...they plan to fly back to the US at some point before the 6 months is up and apply. I should have mentioned that point!

But by "visitor visa" you're not talking about a visa we have to procure in advance, but the normal visitor's visa you get just by showing up and being a US citizen visiting the UK?

-Ben

As they are visa-free they may be stamped in as visitors. In my understanding that is in effect a visa.

It might be advisable to avoid all this to-ing and fro-ing and apply for the appropriate settlement visa upfront as your family members clearly plan to settle in UK and not simply visit.

Are they just coming for a holiday then? Might be a bit fishy if they turn up with a family member and get stamped in as visitors and then stay for 175 days before returning home and applying for a settlement visa. They are probably best to apply for a settlement visa before they first come over, then there's no need to mess around leaving and returning etc.

As a British citizen, you are free to re-enter the UK at any time and for any reason. Be aware though, if you arrive back in the country from a 9 month stay in a place like Syria, you may have to answer some questions.

Thanks omaha/noajthan.

My understanding from reading the visa documentation is that they don't qualify for a settlement visa (yet)...they'll have to live in the UK for a minimum of 5 years first.

The option available to them is the "family of a settled person" visa.

There are a few flavors to this visa but in any scenario, I have to already be settled in the UK for them to apply for it (I'm the "settled person"). We want to minimize the amount of time we're apart, hence the idea to have them accompany me over as visitors, we'd get the house sorted and all that, then they'd go back to the US and apply for their visas. The only time we'd have to be away from one another is the time they'd be back in the US waiting for their visas to come through (6-8 weeks on average).

I hope that clarifies...I don't want to do anything illegal I'm just hoping to avoid a scenario where I have to go over alone and get everything set up on my own.

It's true the overall plan is for them to move over but their initial visit would be just as visitors. So in that regard I feel like that's what they should tell the border agents. Does that make sense?

The 'settlement visa' referred to is the first step on the 5 year route to permanent residence (ILR)- spouse settlement visa - to join family.
Have you considered how you will meet the financial conditions? Unless you have savings of at least £62,000, held in an accessible account for 6 months you will have to show the following:
1. You have been earning the equivalent of £18,600 outside of the UK for the 12 month period prior to submitting the visa application
and
2. You have a confirmed offer of employment in the UK to start within 3 months of arrival, again with a minimum salary of £18,600 p.a
or
3. You have been employed in the UK for a minimum of 6 months before submitting the visa application, with a minimum salary of £18,600 p.a

Note: The £18,600 is for your wife's visa alone. You haven't said how many children you are including in your application. See below for the calculation:
An additional gross annual income of £3,800 is required for the first child sponsored in
addition to the Partner and an additional £2,400 for each further child. The level of the
financial requirement will therefore be for example:
 Partner with no children – £18,600.
 1 child in addition to the partner – £22,400.
 2 children in addition to the partner – £24,800.
 3 children in addition to the partner – £27,200.

I believe the savings level will increase accordingly.

The visa fees for the initial 2.5 year period will be £1,195 per person + £600 each for the NHS Surcharge.

Hi Casa, thanks for the reply. Yes, the financial bits are not a problem...we can qualify for the income requirements in either scenario (where I work in the UK for 6 months above the threshold, or we apply for the visas within 6 months and they go back 12 months to assess if we've been above the threshold). In either scenario we are above the minimum requirements.

Work is also addressed as I will continue in the job I already have. My understanding is that whether I'm paid by a US or a UK company is immaterial, only that our income (when converted to GBP) is above the thresholds for the 6/12 month horizon, depending on whether or not we apply for the visa within 6 months of arriving in the UK, or after 6 months.

Of course if for some reason my US job doesn't continue, I will just get a new job in the UK that is above the threshold!

I may be mistaken, but I believe a British citizen is automatically classed as settled immediately upon entering the UK.

You sound like you intend for your family to treat the 6 month visa free 'visitor' period as part of their settlement, which is not its intended use. If they come for few weeks, for a genuine holiday, then it shouldn't be a problem. But if they stay right up to the 6 month limit, then fly home and immediately apply for settlement visas, it may harm their chances.

If your family intend to enter visa-free, the IO at UK Border Control will expect to see the same documentation showing strong reasons to return to the US without overstaying, that they would have submitted in a pre-travel visitor visa application. Unfortunately, statistics have shown that US nationals are among the highest percentage of overstayers. Ohara is right that 6 months is likely to flag up as excessive for a visit.