Juls7777

Thank you!!!

Shirtback

+1 (I've alerted a mod).

Slimat69: take another deep breath.

I'll wait for a mod to put your post in the right place, but while we're waiting, be aware that your wife can not legally remove your child from the UK without your consent.

alexleeson

Hi,

I'm British and my wife is Australian.

I can tell you that the the whole process to get the spouse visa took 10 working days days from the appointment time (the appointment took 3 days to get from time of application). We paid for the priority and had all our docs together. So all up - 2 1/2 weeks. We did pay $800 for the priority though. This was just a month ago.

I was made redundant in Oz and couldn't get another job so decided to go back to the UK for work. I didn't have enough savings for the financial requirement, so I had to show that I had been in my job for 6 months in the UK before applying.

If you don't have savings your husband needs to have worked 6 months in the UK or be currently working in Oz and show he has been in the same job for 12 months.

I went ahead of my wife and she followed three months later as a tourist, because of schooling for the kids. Of course she had to return to Oz to apply for the spouse visa. She stayed in the UK just short of 6 months. She had to be back in Oz for about 22 days.

The rules are very strict about having to go back to Australia. When I called immigration, I did ask if she can't just apply from France and go for the day rather than have to fly all the way back to Oz. I had explained we had sold everything, there was no home to go back to. When the immigration officer asked where her home was, I said it was already UK but she happens to be on a tourist visa. But no, you have to apply from Oz. So she went back. Like you I was hoping there was some way we could apply from the UK but the rules are strict. She had to stay with friends/family.

Being back in the UK is great and I am loving it. I have been back a year, and have not once missed Oz even though I was there for 9 years. Kids are thriving in school and don't miss Oz at all.

nun

You will be ok if you have enough money, and you can jump the queue if you pay extra.....and it won't hurt if you are white too.

spouse of scouse

Your thread has been moved to the Australia section of BE http://britishexpats.com/forum/austr.../#post11743201

Maybe ask a moderator to delete your comments on this thread, to keep all your responses in one place?

Juls7777

Thanks alexleeson your scenario sounds really similar to mine and you've come across the same sorts of hurdles. That timeline is great to hear. We're just waiting til our house sale settles on Friday to get the $$ and then will kick it all off. Glad you're enjoying your UK time! We can't wait to start our adventure

Juls7777

hello lovely people
I have more questions!!

a) for spouse visa, must my husband be already in the UK when I apply from australia? It reads as though I must "join him" there so assuming this is the case? (in which case bummer we have to temporarily separate???)

b) husband is a citizen by descent, spent a bunch of time out of the UK in his earlier years including a 3 year stint but he never applied to naturalise - not sure if it's automatic or whether he should have applied back then? it would have been something like 15 years ago so proving it would be something of a challenge... trying to work out if we should get the kids passports or just visas.

cheers !

spouse of scouse

Hi Juls, can't answer the second question but your husband doesn't have to be in UK. As long as you arrive in the UK together, that's fine.

Juls7777

ooh that is good news!! thanks

spouse of scouse

Most people get caught on that question, it's the wording. But if a British citizen is returning to the UK with the intention of staying permanently, then they're considered a 'settled person' as soon as they get off the plane.

I was going ahead of my Brit husband, to set our new house up over there. Found out through BE that this would not have been a good thing, so now he's going to set up house and I'm tidying away here before joining him.

formula

The wording is poor on the joining family notes. As your husband is a British citizen and is moving to the UK to reside, then he will settled for immigration purposes. Meaning that a spouse can apply for a visa to join her husband and arrive at the same time as him, or after him.


If he is British by descent then he doesn't need to naturalise (apply to be British) as he was born British. You said earlier that he has held a British citizen passport for years.

You would have to register the children to get passports instead of visas; have a read again of BiPs post (post 6).

BiP also explained in that post what each will mean for your children. One route makes them British by Descent and the other will make them British without by Descent. They can't upgrade from 'British by Descent' to 'British without by Descent' at a later date; the choice is yours to make now for your children.

Pollyana

Its been moved