Indefinite Leave to Enter (Apply Before/After 2 April 07?)

[1963British]

I am a British Citizen w/American Spouse of ten years and two young children. Children are not British because I am British by descent and I had not lived in the UK for three years before their birth to register them.

We are ready to move to the UK and have placed our home up for sale. Our house could be sold and closed so we could move on or before 1 April 07 before the change in the immigration rules.

Employment/housing in the UK are not issues as we have substantial investment income. We do however, want to sell our house in the US before moving to the UK.

My question is what would happen if we apply for ILE before 1 April but are delayed in moving to the UK because the house does not sell?

What if it took another year to sell? I would think at 24 months it would be void as we would fall under the two year out of the UK rule.

Also, does anyone have any solid idea of what the new rules would look like? I am assuming, but that gets one into trouble, that four year married couples would be able to apply for ILR straight away upon receiving a passing score on Life in the UK. I can understand an initial granting of 2 year LTR but can not imagine not allowing an application for ILR until two years has passed if it was a four year marriage to start with. Any thoughts?

[JAJ]

I am a British Citizen w/American Spouse of ten years and two young children. Children are not British because I am British by descent and I had not lived in the UK for three years before their birth to register them.

Once you and the children have lived in the UK for 3 years you can apply to register the children as British under section 3(5) of the Act instead. This will give the children the advantage of being British citizens otherwise than by descent.

Your wife could become naturalised British after 3 years, also.

Dual US/British citizenship is ok for them. However they should always keep US passports, fulfil the US tax obligations, and (if boys) register for Selective Service at age 18 (http://www.sss.gov)

My question is what would happen if we apply for ILE before 1 April but are delayed in moving to the UK because the house does not sell?

What if it took another year to sell? I would think at 24 months it would be void as we would fall under the two year out of the UK rule.

As far as I know, ILE would be issued up to the expiry date in the applicants passports (so renew passports now if they are going to expire soon). First entry to the UK would not have to be in any period of time although there might be complications if marriage ended beforehand.

Also, does anyone have any solid idea of what the new rules would look like? I am assuming, but that gets one into trouble, that four year married couples would be able to apply for ILR straight away upon receiving a passing score on Life in the UK. I can understand an initial granting of 2 year LTR but can not imagine not allowing an application for ILR until two years has passed if it was a four year marriage to start with. Any thoughts?

The "four year rule" is being abolished. Simple as that. Your wife would need to go for ILR if she qualified after 2 years, alternatively go for a further extension of the spouse visa until she did have ILR. More cost.

She couldn't become naturalised British until she had ILR, although children could be registered as British under s3(5) as soon as 3 years residence was completed.

Others like John will be able to add more - but it seems to me that you should make the application (and ensure it's received etc) before 1 April.