Buster01

My hubby is filling in paper work to get his aussie residency... Once that is in place we are looking at moving back to UK. He has a British passport - He still owns a house in Scotland (which is currently rented) .. he has been here for 3 years now and is so home sick still for home. His mothers health has complications not deathly but complications and we are thinking of moving back to UK to help. My son is 14 we struggle with the fact it will affect him so much. As he is an aussie its hard to know what is the right thing to do. But in saying all that he is willing to go .. now I don't know where to start ... I know we will have to get visa for my son and I but how do we go about it all ... He had a full time job for the 1st year but for the last 2 years he has worked part time only .. we are looking into him getting job over there but if he is not there people don't want to Skype interview... do we have to be alone with him over there before we can do the visas.. ie. the 22+ thousand pound requirements etc..
Can someone tell me where do we start this is such a mine field we just don't know where to start... thanks for your help in advance

Bnet36

I'll jump in with a few questions:

You husband works part time - does he earn the equivalent of 22400 gbp? If so, your visa application can be submitted once he has a job offer letter in hand. He would need to show previous pay stubs as well. If he does not earn that then he would have to go ahead and establish himself before you can apply for a spouse visa.

Probably should consider adoption (if not already done) as your son gets right of entry to settle automatically.

Buster01

Hello Bnet36
Thanks for the info... no part time here would be about 34 thou aussie... so not enough... but you peaked the curiosity on the adoption bit... if he adopts my son does that then mean it would only be my visa that we have to have the yearly fee for ? ie. wife n child was I think 22500 pound as a job offer etc... ??? does that mean then it would drop to 18500 ? just for me that my son would be linked via child of british citizen ?? sorry just want to make sure I understand that before I get into that side of things too... thank you so much for your advice its so very much appreciated

Buster01

Ok one other thing... over here in Oz I am on a partial disability pension as I have a rare genetic disorder... I can work but only part time due to pain and arthritis... I had someone say to me if we go back to UK we will have to have private health insurance for me due to the medical condition and that I will not be able to get any assistance health wise for 2 years... all will have to be privately funded is that correct too ? sorry so many questions going through my head. The plus side the disorder is much better supported in uk than here.. so I will see drs that are up on things which would be a change
Please don't think im looking to bludge on the UK system but its another thing we will have to factor into finances if I have to have private insurance for 2 years etc... just trying to look at it all

quoll

Do you have any UK ancestry? It may be easier for you to get an Ancestry visa if you have a UK born grandparent. As long as you try to work that should be ok. Failing that, do you have any EU ancestry which may entitle you to an EU passport. Certainly easier than negotiating the spouse visa minefield.

Your son - will his father let him leave Australia? The Family Courts in Aus rarely allow leave to remove from the jurisdiction if one parent (no matter how hopeless a parent!) says no.

It'd probably be wise for your DH to wait until he has citizenship which is now 4 years unfortunately. However, the downside of that is that your son would enter the UK system at a very inconvenient time (GCSE time)

Sorry, can't help with the medical stuff but I'd have thought that the reciprocal agreement would have covered it once you have established habitual residence but I guess it all depends on whatever restrictions there are on your visa. Health Insurance often doesn't cover pre-existing conditions at least for quite some time.

Good luck tippy toe-ing through the minefield!

Bnet36

Buster I cannot find clear info on that but I would think that if an adopted child is not included in the spouse visa application then it is financial requirement for one person. There are also some things to be aware of including 'designated countries' adoptions. Here is a link that explains everything in one snap shot.

Can my adopted child come to live in the UK? - UK Visas - UK Immigration, UK Residency and British Citisenship | UK Resident - Articles - UKresident.com

Also scroll down to point 1 here : https://www.gov.uk/government/public...for-settlement

Do check however that you are in line with the Aussie laws to leave with your child as mentioned by others.

Good luck!

Buster01

Thanks Quoll and Bnet for the advise... I will be looking further into things today. Im lucky my sons father is not on his birth certificate there is no father he has had no father in his life till my husband came along and took my son as his, so I am very lucky in that aspect there is no father on his birth certificate so no problems there I hope As for ancestry well... my dads grandparents were from England Im one generation out... We looked into it his mothers parents were welsh and his fathers parents were from England... my mums grandparents were from Scotland and Ireland but one generation too far back. Thanks for the tips though its greatly appreciated.

Bnet36

No problem Buster01.

The adoption may be easier then. With all these new immigration laws not everything seems straight cut. I don't know about where you are but our British consular office has a advice hotline, if you have this, it doesn't hurt to call them ( anonymously if you like)

I hope it all works out for you! Good luck.

Buster01

Do you know if my dad gets dual citizenship via ancestry does that then mean I can go off is ??? and claim under ancestry? Any advise is good thanks in advance