Better to apply for indefinite leave to remain in USA or UK?

[Dansette]

Hi All,

I'm a British born citizen, currently living in the UK.

I came back here in January. My wife decided not to join me at the time as she was 8 months pregnant and wanted to have the baby in the USA. My wife and I were married in the UK last year. My wife is a US citizen.

Our baby was born on March 22 and we are now trying to finalise the paperwork to bring my wife and daughter here.

We have hit (what seems like) a minor snag, in that the application for her settlement visa asks if she is travelling with any children, and if so, what are their passport numbers?

As it seemed the easier thing to do at the time, we applied for a US passport for our child, but this has not arrived yet. Should we wait for the passport for her to arrive before putting my wife's settlement visa application in? I asked Worldbridge, but have yet to get an answer that really says anything.

We could, of course, apply for a UK passport for our daughter too, but due to air mail being suspended and delayed due to the flight closures over Europe, it's difficult to get all the paperwork together.

As all this paperwork seems to be causing delay after delay, my wife is now wondering whether it is just better for her to enter the UK now (or when the planes start flying again) on her and my daughter's US passports. Then apply for indefinite leave to remain once they are here.

What are the forums views on if this is sensible, or not?

Thanks

[Wanderer]

No, bad idea.

It's not possible to switch from visit visa to anything, and your wife will have to return to USA to apply for the settlement visa. The child is British so should be able to apply for it's UK passport in the UK (take further advise on this) but I'd imagine you'd both prefer the baby travels with the mother.

[Dansette]

As a US Citizen does she need a visa to enter for a visit? Or are you also saying that I'm wrong to think she can apply for the settlement visa from the UK, that it has to be done from the USA?

[Wanderer]

As a US Citizen does she need a visa to enter for a visit? Or are you also saying that I'm wrong to think she can apply for the settlement visa from the UK, that it has to be done from the USA?

No but as a US citizen she is issued with a virtual auto-visa, not physical one but she is on a visit visa all the same.

And yes, it's not possible to apply for a settlement in the UK if on visit visa, or visa-waiver.