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Australian dual national and Australian wife.... Visa queries

Australian dual national and Australian wife.... Visa queries

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Old May 12th 2017, 11:44 pm
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Default Australian dual national and Australian wife.... Visa queries

I haven't held a UK passport for about 25 years now, Although I can still qualify for one as a UK born and bred and resident for 24 years.

Question is we are considering a few years worth of long term stays in Spain of about 6 months a year, as we are approaching full retirement..... So we can invite UK family and friends come and stay with us... also giving our Aussie friends somewhere free to visit in Europe. Plus it gives us a European base whilst we are there. How can my Australian passport holding wife do this ? Can she stay/we for 3 months and take a week to Tunisia or something and come back. So as to trigger the automatic Schengen 90 days auto visa entry requirements for Aussies ?


Seems strange to me that my 4 kids all born in Melbourne. qualify for a UK passport and "currently" full entry to Spain, whereas my wife of 37 years doesn't.

Last edited by ozzieeagle; May 12th 2017 at 11:50 pm.
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Old May 13th 2017, 1:10 am
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Default Re: Australian dual national and Australian wife.... Visa queries

British citizenship is based on residency in the UK (if not a child of British parents).

If you had lived in the UK with your Aussie wife for 5 years or more at some time, she would have become eligible for British citizenship.
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Old May 14th 2017, 4:54 am
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Default Re: Australian dual national and Australian wife.... Visa queries

r
Originally Posted by SanDiegogirl
British citizenship is based on residency in the UK (if not a child of British parents).

If you had lived in the UK with your Aussie wife for 5 years or more at so4me time, she would have become eligible for British citizenship.
Nope 2.5 years before we were married from about mid 77 through to 1980.

So we've actually been together for 40 years September this year.... .and damn me, she still don't qualify. Kids do though with 3 of them only having visited for 6 weeks in total.


Main question is, can we rent a place in Spain for say 6 months and fly out for a week to a non Schengen destination half way through and then re-enter
Spain for another 90 days.
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Old May 14th 2017, 5:33 am
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Default Re: Australian dual national and Australian wife.... Visa queries

You probably also need to watch Brexit closely and likely have to apply for a visa to Spain after the UK leaves the EU. I assume your Australian passport will then be as good as your British one.
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Old May 14th 2017, 9:42 pm
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Default Re: Australian dual national and Australian wife.... Visa queries

This has already been covered but your wife does have Right of Abode in the UK on account of your marriage but she would need to live there for three years in order to qualify for British citizenship. As the spouse of an EEA/EU citizen then she can piggyback on your Freedom of Movement rights at least until April 2019.
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Old May 15th 2017, 3:20 am
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Default Re: Australian dual national and Australian wife.... Visa queries

Originally Posted by BritInParis
This has already been covered but your wife does have Right of Abode in the UK on account of your marriage but she would need to live there for three years in order to qualify for British citizenship. As the spouse of an EEA/EU citizen then she can piggyback on your Freedom of Movement rights at least until April 2019.
I know I've talked about the Citizen requirements in the Aus forums, However I didn't know or realise the freedom of movement piggyback clause. Which is good enough for me at this stage and the answer I was looking/hoping for.

Do you think they would take her 2.5 years residence from 77-80 in consideration due the the longevity of our marriage ? We were only married for 8 months of that time, although we did live together for the entire period.

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Old May 15th 2017, 7:23 am
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Default Re: Australian dual national and Australian wife.... Visa queries

Originally Posted by ozzieeagle
I know I've talked about the Citizen requirements in the Aus forums, However I didn't know or realise the freedom of movement piggyback clause. Which is good enough for me at this stage and the answer I was looking/hoping for.

Do you think they would take her 2.5 years residence from 77-80 in consideration due the the longevity of our marriage ? We were only married for 8 months of that time, although we did live together for the entire period.
If you have applied at the time, perhaps. Now, no.
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Old May 16th 2017, 12:03 am
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Default Re: Australian dual national and Australian wife.... Visa queries

Similar circumstances for me (born UK lived Aus for fifty years) with all this uncertainty with Brexit and I am a self funded retiree I am looking into a non-working visa (sin trabajo) from the Spanish embassy in Melbourne. I'll let you know how I go. Also for what it is worth look into travel insurance (medical only) Australian based, damm sight cheaper than Ex-pat options.
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Old May 16th 2017, 3:18 am
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Default Re: Australian dual national and Australian wife.... Visa queries

Originally Posted by Fluffer
Similar circumstances for me (born UK lived Aus for fifty years) with all this uncertainty with Brexit and I am a self funded retiree I am looking into a non-working visa (sin trabajo) from the Spanish embassy in Melbourne. I'll let you know how I go. Also for what it is worth look into travel insurance (medical only) Australian based, damm sight cheaper than Ex-pat options.
Many thanks for that. Especially the pointer re Health insurance.

I've got a long term Aus friend here with a Spanish wife, I'll be seeing what he can come up with as well. He'll be great for pointers on the accommodation front.

Could be that SE Asia would be a lot easier, Bali, Thailand, Malaysia, except I doubt the UK family will visit there even with zero accom costs.

Just for everyones interest, did you know that if your married to a Maltese as an Aussie for 7 years, you qualify for Maltese and hence Euro citizenship.

Last edited by ozzieeagle; May 16th 2017 at 3:36 am.
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Old May 16th 2017, 4:41 pm
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Default Re: Australian dual national and Australian wife.... Visa queries

Originally Posted by ozzieeagle
Many thanks for that. Especially the pointer re Health insurance.

I've got a long term Aus friend here with a Spanish wife, I'll be seeing what he can come up with as well. He'll be great for pointers on the accommodation front.

Could be that SE Asia would be a lot easier, Bali, Thailand, Malaysia, except I doubt the UK family will visit there even with zero accom costs.

Just for everyones interest, did you know that if your married to a Maltese as an Aussie for 7 years, you qualify for Maltese and hence Euro citizenship.
And you could call yourself a Malteser....how cool would that be?
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Old May 16th 2017, 6:06 pm
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Default Re: Australian dual national and Australian wife.... Visa queries

Originally Posted by lgm1963
And you could call yourself a Malteser....how cool would that be?
Cypriot citizenship is similar - three years I think but not as cool a name.
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Old Jun 8th 2017, 11:57 pm
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Default Re: Australian dual national and Australian wife.... Visa queries

Originally Posted by Fluffer
Similar circumstances for me (born UK lived Aus for fifty years) with all this uncertainty with Brexit and I am a self funded retiree I am looking into a non-working visa (sin trabajo) from the Spanish embassy in Melbourne. I'll let you know how I go. Also for what it is worth look into travel insurance (medical only) Australian based, damm sight cheaper than Ex-pat options.
So, it seems (this week at least) I can't get/don't need a Visa on my Australian passport because (for now) i am still the holder of an EU Passport but as with everything to do with all Gov't departments it depends on the day of the week and the individual interpretation of the rules by the person behind the counter. From what I can see at this time I would be better applying for non-working residency (visa de jubilados) which includes the N.I.E. which in turn allows me to buy car/open bank account/sign contracts. Also still a holder of an E.H.I.C but this is only good for temporary visits so I will buy in to the health system which is about 60 euros a month for me (under 65) Having fun....
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Old Jun 9th 2017, 3:28 am
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Default Re: Australian dual national and Australian wife.... Visa queries

Originally Posted by Fluffer
So, it seems (this week at least) I can't get/don't need a Visa on my Australian passport because (for now) i am still the holder of an EU Passport but as with everything to do with all Gov't departments it depends on the day of the week and the individual interpretation of the rules by the person behind the counter. From what I can see at this time I would be better applying for non-working residency (visa de jubilados) which includes the N.I.E. which in turn allows me to buy car/open bank account/sign contracts. Also still a holder of an E.H.I.C but this is only good for temporary visits so I will buy in to the health system which is about 60 euros a month for me (under 65) Having fun....
Yes was listening re that EHIC subject on BBC Radio 2 yesterday..... never knew about it's existence. So that was a very handy education.

We've decided that my wife will work here full time for at least another 2 years.... kids still at home are the driving force behind that, so if we've got to be around, then she and I may as well work.... Although looks odds on that I'll be retired from full time employment late this year. UK's EU situation should be a lot clearer by then.
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