My understanding

[nyclon]

Immigration changes as well as visa price increases tend to crop up in April and November. Unless you are planning on moving in the very near future there really isn't anything you can prepare for.

[Joppa]

Originally Posted by spiritbear928

So what does being on a spousal visa vs settled entail? I could live and work on a spousal visa and have my income count toward our financial ability to stay there as I understand it. How long after settled before you can become UK citizen. If you flunk this test what happens? Can you take it again?

To give a clear answer to your questions (though much has been partially answered by others):

Spouse visa vs Settled status

Spouse visa or further leave to remain means you are still in probabtionary period. You are still subject to immigration control and you have to meet certain conditions of your stay, chiefly no access to public funds and having certain amount of money to be considered financially self-supporting. You also have to meet accommodation requirement. Settled status (or indefinite leave to remain) means you are no longer subject to immigration rules, and there is no condition attached to your stay. You can still be deported if you commit a serious crime and outside of UK you are still subject to rules attached to a US citizen, such as only being able to visit most European countries (Schengen area) for 90-in-180 days and inability to work without work permit. Only naturalisation as British citizen gives you full rights as EU citizen and freedom from being deported (unless you obtained British nationality by fraud etc).

Naturalisation

Contrary to what has been said, there is no intrinsic connection between settlement visa rules and naturalisation. The former have just been revised, and the latter hasn't changed (except having to send all applications to Liverpool from abroad). For naturalisation, there is a qualification period of 5 years' residence (with restriction on how much you can stay outside of UK), which is reduced to 3 years for those married to or in civil partnership with British national. Also those who have to live 5 years must have a settled status for a year before they can apply for citizenship, whereas for those with 3 years, they can apply immediately on gaining settlement. The fact that probationary period for settlement has now lengthened to 5 years for just about everyone (except for certain categories people who can still gain settlement in a shorter period, such as victims of domestic violence, bereaved family member, those with right to access a child in UK, former Ghurka soldiers and those at the discretion of Home Office for compassionate reasons) doesn't fundamentally alter the naturalisation rules. Qualification period for naturalisation isn't the same as probationary period for settlement, because the former can be served while you are on a non-settlement visa or leave, such as points-based system or any other legal stay. On being naturalised (and you have to attend citizenship ceremony when you pledge your allegiance to the Queen and promise to be a good citizen), you gain full rights as British and EU citizen. So you can vote in and stand for elections, apply for any jobs (some are restricted to citizens such as police or immigration officer), live and work just about anywhere in Europe and freedom from being deported. Now your British rights don't extend while you are in US, where only your US citizenship counts so you can still be called up for military service and have to file your annual tax return to IRS (this applies wherever in the world you happen to be).

Life in the UK test

Currently you can take it as many times as you need to pass, but the government has said they intend to make it more difficult and may restrict the number of retakes. So in future, if you fail a certain number of times, you may not gain settlement and may continue to be subject to limited leave. I suggest you take the test as soon as possible and get it out of the way! If you pass now, it's valid without time limit.

[spiritbear928]

Can you just take this test from the us

Originally Posted by Joppa

To give a clear answer to your questions (though much has been partially answered by others):

Spouse visa vs Settled status

Spouse visa or further leave to remain means you are still in probabtionary period. You are still subject to immigration control and you have to meet certain conditions of your stay, chiefly no access to public funds and having certain amount of money to be considered financially self-supporting. You also have to meet accommodation requirement. Settled status (or indefinite leave to remain) means you are no longer subject to immigration rules, and there is no condition attached to your stay. You can still be deported if you commit a serious crime and outside of UK you are still subject to rules attached to a US citizen, such as only being able to visit most European countries (Schengen area) for 90-in-180 days and inability to work without work permit. Only naturalisation as British citizen gives you full rights as EU citizen and freedom from being deported (unless you obtained British nationality by fraud etc).

Naturalisation

Contrary to what has been said, there is no intrinsic connection between settlement visa rules and naturalisation. The former have just been revised, and the latter hasn't changed (except having to send all applications to Liverpool from abroad). For naturalisation, there is a qualification period of 5 years' residence (with restriction on how much you can stay outside of UK), which is reduced to 3 years for those married to or in civil partnership with British national. Also those who have to live 5 years must have a settled status for a year before they can apply for citizenship, whereas for those with 3 years, they can apply immediately on gaining settlement. The fact that probationary period for settlement has now lengthened to 5 years for just about everyone (except for certain categories people who can still gain settlement in a shorter period, such as victims of domestic violence, bereaved family member, those with right to access a child in UK, former Ghurka soldiers and those at the discretion of Home Office for compassionate reasons) doesn't fundamentally alter the naturalisation rules. Qualification period for naturalisation isn't the same as probationary period for settlement, because the former can be served while you are on a non-settlement visa or leave, such as points-based system or any other legal stay. On being naturalised (and you have to attend citizenship ceremony when you pledge your allegiance to the Queen and promise to be a good citizen), you gain full rights as British and EU citizen. So you can vote in and stand for elections, apply for any jobs (some are restricted to citizens such as police or immigration officer), live and work just about anywhere in Europe and freedom from being deported. Now your British rights don't extend while you are in US, where only your US citizenship counts so you can still be called up for military service and have to file your annual tax return to IRS (this applies wherever in the world you happen to be).

Life in the UK test

Currently you can take it as many times as you need to pass, but the government has said they intend to make it more difficult and may restrict the number of retakes. So in future, if you fail a certain number of times, you may not gain settlement and may continue to be subject to limited leave. I suggest you take the test as soon as possible and get it out of the way! If you pass now, it's valid without time limit.

[spiritbear928]

One thing that seems contradictory though. Could my wife quit her job once I am on a spousal visa (or if she lost it what would happen) if I made enough money to support us? Her track record at holding jobs is not great. I think she can do it for a year or so. I have heard that once in, my job can be taken into account and I have heard not. The chances of her holding a job for 5 years is low.

[spiritbear928]

Can you take the life in the UK test from the US without definite plans to move to the UK (as in not knowing when). If so, bring it on. I love a good test.

[Joppa]

Originally Posted by spiritbear928

One thing that seems contradictory though. Could my wife quit her job once I am on a spousal visa (or if she lost it what would happen) if I made enough money to support us? Her track record at holding jobs is not great. I think she can do it for a year or so. I have heard that once in, my job can be taken into account and I have heard not. The chances of her holding a job for 5 years is low.

Once you are both in UK and you are on your spousce visa, either income or combined earnings need to amount to £18,600.

Can you take the life in the UK test from the US without definite plans to move to the UK (as in not knowing when). If so, bring it on. I love a good test.

The test is only available in UK, and you normally need to show a proof of UK address when taking your test.

[spiritbear928]

This is very depressing. By the time we have the means to move there it likely will be impossible. Maybe I should play the lottery. Thats that only way I would likely ever see 68000 pounds. By the time we are ready to go they probably will make my wife make 100000 pounds a year, have a Phd and make me stand on one ear for a week.

You all have been great and supportive. Thanks. I am not giving up. Just a little down