UK National living in USA, what rules apply to my wife?

[Dansette]

Hi

I'm a UK citizen, currently living in California. I have a US Green Card, but have no American citizenship.

My wife is American, we were married whilst on holiday in the UK in April.

I am considering moving back to the UK, but am confused about the immigration rules for my wife.

Most of the government websites seem to be giving advice about how to bring wives into the country, if the wife is married to someone who has been granted indefinite leave to remain (i.e. not necessarily a UK citizen) and is currently resident in the UK.

I can't find any advice about what rules apply to UK citizens not currently resident in the UK bringing wives into the country.

Also, some of the rules imply that the person "sponsoring" the non UK citizen to come into the country needs already to be resident in the UK at the time of the wife's application. Do I therefore have to go back first and have her apply after I am resident again in the UK?

cheers

[Obie]

Here is the Guidance Information on applying, the information on Accommodation and Maintenance and the Application Form.


Please note that if you have been married and living for four or more years, you could receive ILE-KOL req, on your wife's admission to the UK.

Once she has passed her Knowledge of Life in the UK test, she will automatically receive Indefinite Leave to remain, rather than having to wait for the two years probationary period.

[vinny]

I can't find any advice about what rules apply to UK citizens not currently resident in the UK bringing wives into the country

Spouse.

Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the United Kingdom to live is not ‘admitted for settlement’. However, if he/she expresses the intention of returning to the United Kingdom to reside, the ECO can regard him/her as present and settled in the UK.

[Casa]

As you have said you married in April, the 4 year concession that has been mentioned won't apply in your case.
Did you marry in a Church of England when you were visiting, or with a Certificate of Approval from the Home Office giving your wife permission to marry in the UK...or did she enter with a Marriage Visit Visa?
I'm assuming you're both over 21?