Married to a Brit for 23 years

[Lesfaye]

Hi my husband and I have been married for 23 years I am american and we live in the states. We are considering moving back to England in the next two years. Can I apply for an UK passport just based on the fact that I have been married to a Brit for so long? Or before moving would I have to do a spouse visa?
Thanks!

[ppron747]

You need to live in the UK for three years before applying for naturalisation, I'm afraid...

For the time being, if you apply for a spouse visa for the UK, you should immediately be granted "indefinite leave to enter" (ILE) - ie settlement with no restrictions - because you have been married to a BC and living outside UK for over four years.

In your shoes, I'd do it now, regardless of when you plan to travel, because the provision is set to end in April 2007, when new rules are introduced which will mean that an application later on will result in a two year visas being issued, which you will need to apply (and pay!) to convert to indefinite leave to remain, and take the "Knowledge of Life in the United Kingdom" test when you do.

Unfortunately the http://www.britainusa.com/ website is displaying a so-called "holiday home page" at the moment, so it isn't fully functional. Hopefully it will be properly up and running after the long weekend, and you'll be able to see what the requirements are, and apply online.

The "ILE" visa you can get at the moment should be valid for the life of your passport, so as long as you use it to enter the UK before it expires, you'll be a permanent resident from the day you arrive.

[JAJ]

Hi my husband and I have been married for 23 years I am american and we live in the states. We are considering moving back to England in the next two years. Can I apply for an UK passport just based on the fact that I have been married to a Brit for so long? Or before moving would I have to do a spouse visa?

Paul (ppron747) has explained what you need to do to obtain a visa for the United Kingdom. No British citizenship solely by marriage these days (it used to be the case for wives of British men but that was repealed on 1.1.1983).

You will be able to become a naturalised British citizen after 3 years in the UK. Both Britain and the United States allow dual citizenship.

Out of interest, has your husband taken out US citizenship or does he still have a green card? If he just has a green card, has he thought about the pros and cons of becoming a US citizen before he leaves?

And have you any US born children?

[Lesfaye]

You need to live in the UK for three years before applying for naturalisation, I'm afraid...

For the time being, if you apply for a spouse visa for the UK, you should immediately be granted "indefinite leave to enter" (ILE) - ie settlement with no restrictions - because you have been married to a BC and living outside UK for over four years.

In your shoes, I'd do it now, regardless of when you plan to travel, because the provision is set to end in April 2007, when new rules are introduced which will mean that an application later on will result in a two year visas being issued, which you will need to apply (and pay!) to convert to indefinite leave to remain, and take the "Knowledge of Life in the United Kingdom" test when you do.

Unfortunately the http://www.britainusa.com/ website is displaying a so-called "holiday home page" at the moment, so it isn't fully functional. Hopefully it will be properly up and running after the long weekend, and you'll be able to see what the requirements are, and apply online.

The "ILE" visa you can get at the moment should be valid for the life of your passport, so as long as you use it to enter the UK before it expires, you'll be a permanent resident from the day you arrive.

I didn't know that I could apply for the spouse visa until a few weeks before we left. If I can do it at any time that's great I will do it right away beofre those changes. Thanks

[Lesfaye]

Hi my husband and I have been married for 23 years I am american and we live in the states. We are considering moving back to England in the next two years. Can I apply for an UK passport just based on the fact that I have been married to a Brit for so long? Or before moving would I have to do a spouse visa?

Paul (ppron747) has explained what you need to do to obtain a visa for the United Kingdom. No British citizenship solely by marriage these days (it used to be the case for wives of British men but that was repealed on 1.1.1983).

You will be able to become a naturalised British citizen after 3 years in the UK. Both Britain and the United States allow dual citizenship.

Out of interest, has your husband taken out US citizenship or does he still have a green card? If he just has a green card, has he thought about the pros and cons of becoming a US citizen before he leaves?

And have you any US born children?

We have no children and we are going to apply for his american citizenship next month.

[John]

I concur with the comments above .... apply for your spouse visa as soon as possible ... and certainly well before the end of March 2007 .... in order to get your ILE ... indefinite leave to enter. As long as you do in fact enter the UK, for the first time, before the date stated on your ILE visa .... which will tend to be the passport expiry date .... you will in fact have indefinite leave.

If you apply in April 2007 or later, all you will get is a 2-year spouse visa ... and then the cost and hassle of getting ILR near the end of that 2-year period.