Feeling overwhelmed - going back to UK from US w/ spouse/ba

[ameribrit]

I'm a UK born married to US citizen with baby of dual citizenship. We're living in US, I've had a GC for 1 year. Our house is on the market here and we're seriously looking into moving back permanently to the UK. I am not bothered about handing over my GC and not applying for US citizenship as moving back to the UK will be our last move.

I am familiar with the UK to US process but I've no clue about what it takes to return. I have lots of questions and I'm getting overwhelmed with the amount of conflicting information I'm getting on the internet and trying to make sense of it. I'm hoping that someone has been thru this or can at least point me in the right direction:

1) After being out of the UK for over 3 years, do I have all the same rights as I did while there?

2) What would my husband need, if anything, to enter the UK, a visa? if so, what kind?

3) If a visa is needed, what is the application time like?

4) Would my husband need to apply for employment authorization?

5) What, if anything, as my daughter would have automatic dual citizenship, would I need to do with regards to her? aside from getting her a NI number and UK passport?

6) - Not immigration related, but someone might know - would I be entitled to any benefits as far as our daughter?

7) - Would my husband need sponsorship?

Thankyou!

[ppron747]

Your own position is no different from what it was before - likewise your daughter. It would be sensible for her to arrive in UK on a British passport - if she arrives on a US passport, she's likely to be stamped in as a visitor, which isn't an insuperable problem by any means, but is a complication that can be avoided for the price of a UK passport.

You've said you've been outside UK for over three years, but not how close that three is to four. The reason for my picking on that is that if you have been married and living outside UK for more than four years, your husband's visa will give him "indefinite leave to enter" the UK (eg he'll be a permanet resident from the moment he arrives). Less than four, and the visa will be for two years in the first instance, extendible to indefinite in the final month of its validity. Either way, though, your husband will be able to work from day one.

For details of the visa requirements, see this page on the UKVisas website, in the first instance. He must apply in the USA, before he gets here.

[ameribrit]

Thanks for your response. I've been in the US since March 2003, and I've had a GC since June of last year.

[ameribrit]

I've downloaded the form from the link you gave. Isn't there a fee involved with the visa at all? or am I just missing it?

[ppron747]

Click on the name of the post your husband will be applying to - that leads to the BritanUSA website, with practical stuff, like how to apply, and the fees.

[ameribrit]

Thanks! Definitely a lot clearer now. Is there anywhere or does anyone know the processing time for settlement visa?

[JAJ]

I'm a UK born married to US citizen with baby of dual citizenship. We're living in US, I've had a GC for 1 year. Our house is on the market here and we're seriously looking into moving back permanently to the UK. I am not bothered about handing over my GC and not applying for US citizenship as moving back to the UK will be our last move.

Are you absolutely sure about that?

What will you do in say, 25 years, if your husband was to be deceased (for example) and your daughter decided to live in the U.S.? Is there any chance you might want to join her?

5) What, if anything, as my daughter would have automatic dual citizenship, would I need to do with regards to her? aside from getting her a NI number and UK passport?

It's also strongly recommended to get her a British style birth certificate from the British Embassy. It could save her a lot of hassle renewing her passport later on. It will also make things easier in dealing with UK schools, employers etc.