Help with UK Immigration rule 281 & 282

Guys,

I am a US citizen married to a UK citizen, we are living in the US and
planning to relocate to the UK sometime in June 2006.

We have been married for 10 years in the USA
We have 4 children and they all have British passports through mother.
I have a decent Job in the US making 110K Per Year
I do not have a job offer in the UK yet but i do business there frequently
I am a Business Systems Analyst.
We would be staying with my wife's brother until we get out place
We would have about 10,000 Pounds Cash at our disposal

==============================================

Rule:

According to Rule 282, 281(I)(b), If the applicant is married to a person
who has a right of abode in the United Kingdom or indefinite leave to enter
or remain in the United Kingdom and is on the same occasion seeking
admission to the United Kingdom for the purposes of settlement and the
parties were married at least 4 years ago, since which time they have been
living together outside the United Kingdom;indefinite leave to enter MAY be
granted provided a valid United Kingdom entry clearance for entry in the
appropriate capacity is produced to the Immigration Officer on arrival.

Section # 281 & 282 of the UK Immigration Rules:

http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules/part_8/part_9.html

==============================================

Questions:


1.. Does that men I would get the indefinite leave to enter Visa/Stamp
here in the USA of at the port of entry?
2.. Do i have to remind them about the rule when we go to the embassy and
make the application in person at the Chicago office?
3.. Would i be given the visa on the same day?
4.. We would happen if i decided to travel to the UK alone for business
for 2 weeks in November before the family migration date in January. Would
my settlement visa be cancelled.
5.. What exactly would the Embassy officials in the US need from me/us to
get me a permanent stay because we plan to maintain out home in the Dallas
Texas?


Thanks

Marcus O.

Lord of the Deck wrote:



<snip


1.. Does that men I would get the indefinite leave to enter Visa/Stamp
here in the USA of at the port of entry?
2.. Do i have to remind them about the rule when we go to the embassy
and
make the application in person at the Chicago office?
3.. Would i be given the visa on the same day?
4.. We would happen if i decided to travel to the UK alone for business
for 2 weeks in November before the family migration date in January. Would
my settlement visa be cancelled.
5.. What exactly would the Embassy officials in the US need from me/us
to
get me a permanent stay because we plan to maintain out home in the Dallas
Texas?[/quote]


Can't help with your specific questions but they certainly ought to know
that those married to a British citizen for 4+ years are normally eligible
for immediate permanent residence.

Points to bear in mind:

1. You'll be eligible to apply for British citizenship by naturalisation
after three years in the UK

2. Have you got consular birth certificates for your children from the
Embassy in Washington? It's not advisable to rely on a single proof of
British citizenship (passport) as they will encounter hassle later should
their passports ever be lost.

3. Has your wife got US citizenship? If not, has she thought about
naturalisation before leaving the US?
It would mean she would need to continue filing US tax returns in the UK (as
you will) but on the other hand she keeps indefinitely her right to return
to the US (green card can easily be lost) and there may be benefits from a
US estate tax point of view from her being a citizen.

That's somewhat oversimplified.

The big conundrum on estate tax/IHT (and US gift tax) is that (1) a
non-US citizen cannot inherit free of tax from a US citizen spouse
except through a QDOT (qualified domestic trust) and that may be
impossible of the main asset is a UK home. (2) the parties might have
different domiciles, in which case the non-domiciled spouse can't
inherit free of UK IHT from the domiciled one.

On the other hand, pre-immigration planning can mean big income and
perhaps estate tax savings -- if the couple is rich. But if they were
rich I doubt if they would have posted the query to this ng.

Start thinking about social security, national insurance and Medicare.
You should definitely pay voluntary contributions for the past six
years (or at least the oldes of the six, since that's the time limit
for paying).
http://www.hmrc.gov.uk/cnr/osc.htm
http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073791077
Roughly £350 a year, but a bargain.

Also, make sure you have ten years of US social security coverage so
that, when you are 65, you will get Medicare. You can finesse the issue
by filing Schedules C and SE in the USA if you earn the lower US
earnings limit (about $4,000 a year) which would mean a tax (SET) of
around $500 a year but no income tax.

There should be no US income tax on your UK earnings. There is a
$80,000 foreign earned income exclusion; and the rest should be taken
care of by foreign tax credit.

Watch out for state income (and estate) tax. Some states tax their
domiciliaries wherever they live. Many industrial states (NY, MA, CA,
IL) do not.

There is an arcane provision worth thinking about if (contrary to my
assumption above) you are wealthy: naturalisation in (i.e., physically
in) Puerto Rico means that you become a US citizen by reason of Puerto
Rico status -- and hence your estate is exempt from US estate tax on
its PR assets (and any in a PR entity). This is an arcane area of law;
if relevant to you, get professional advice.

Lord of the Deck wrote:



You would get a visa giving you indefinite leave to enter at the
embassy. This will be stamped with the date at the port of entry.

2.. Do i have to remind them about the rule when we go to the embassy and
make the application in person at the Chicago office?[/quote]

They should know, but make sure they are aware that you have been
married for more than four years and are applying for settlement.

3.. Would i be given the visa on the same day?[/quote]

Ring up the embassy and ask.

4.. We would happen if i decided to travel to the UK alone for business
for 2 weeks in November before the family migration date in January. Would
my settlement visa be cancelled.[/quote]

Should be ok but check with the embassy.

5.. What exactly would the Embassy officials in the US need from me/us to
get me a permanent stay because we plan to maintain out home in the Dallas
Texas?[/quote]

There is guidance and an application form at www.ukvisas.gov.uk

A.