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Going back to Aus

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Old Aug 2nd 2006 | 12:03 pm
  #31  
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Default Re: Going back to Aus

Originally Posted by Okletsgo
I am still a Cats supporter...and loved being close to Torquay and Queenscliff and is not far from Melbourne which was good too. So was not easy decision, just hope its the right one! Why did you come back??

Go Cattas!!!!!

(I'm from Leopold)
 
Old Aug 2nd 2006 | 1:06 pm
  #32  
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Default Re: Going back to Aus

Originally Posted by banjo
I'm originally from South Africa, although have spent most of my life in the UK. Never got around to applying for citizenship and when I did (from Aus) we fell foul of the residence requirement. So, we're back for as short a time as possible to get my British citizenship just incase we ever had to come back for some reason. Getting any sense out of the Home Office is impossible though so we could be here as long as 3 years. JAJ....please can you go and work for them so at least they will have one person there who actually knows what they're talking about.


If you have broken the 3 year continuity of residence requirement then you will have to wait another three years, sorry.

The residence requirements are outlined in this pdf document (from the Home Office Nationality Instructions):
http://www.ind.homeoffice.gov.uk/doc...xb?view=Binary

The law is set down in the British Nationality Act 1981 and the Home Office has to follow the will of Parliament in that respect.

And to any other Australians in the UK contemplating leaving - if you haven't got your British citizenship before doing so, it will generally be too late to change your mind once back in Australia.
 
Old Aug 2nd 2006 | 2:02 pm
  #33  
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Default Re: Going back to Aus

Originally Posted by Okletsgo
I left Australia in 1988 to travel around Europe and the UK and ended up staying although this was not my original intention !. After eighteen years and now with a young family, I have decided its time to return to Australia for a number of reasons.
I hate anyone who whinges on about all the negatives of a country and therefore I will not do the same here, but... Life in the UK has changed a lot over these years, and whilst I love the character and lifestyle here I feel that the country is being sold out to extreme political correctness, mass immigration (mostly illegal, but who's counting) and penalties targeted at anyone capable of paying! It really feels like we are funding a changing landscape.
There are no nicer people than the English, generous, compassionate and humourous!! Sadly their views seem less and less important and the number of people I talk to sound so despondent about the future here. 5 million people emmigrating...why??
I loved living here, fantastic neighbours, beautiful countryside and everything on the doorstep. Now, I look at neighbourhoods terrorised by teenage rebellion, mass migration on a scale that even the government cannot quantify and an infrastructure that cannot cope under the strain.
Australia is very different from the UK, but the people do share a lot in common, hence I believe that is why it is such a popular destination. The impression I get from reading the messages on here is that whilst the life is totally different, everyone is excited about the challenge of a new life in Australia. I believe that ultimately the UK are losing a lot of very talented people and Australia will gain from those people moving there with a committment to achieving a better life. I am so impressed by the support and consideration that everyone shows to each other on this forum, something I think is quite impressive. Good luck to everyone making the move, I am also anxious about how things might have changed since I lived there last but I will continue to read the postings with interest and hope I will not get slated for the comments I made!!
We have just returned after 14 years in the UK so in a similar position.

Just a couple of interesting facts for you - over 50% of repats leave Australia again with 2 years of returning! There are over 1 million Aussies aged between 18-35 abroad - many who never have any intention of returning here. Reasons cited include lack of professional/travel/cultural opportunities.

The Australia you are returning to is not the Australia you left behind and if there were things that p***ed you off then, they will not have gone away - they will only have got worse. Do not put your head in the sand and think otherwise. Be prepared to accept that your o/s experience, work and other, may count for nothing.

Good luck!
 
Old Aug 2nd 2006 | 7:32 pm
  #34  
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Default Re: Going back to Aus

Originally Posted by JAJ
If you have broken the 3 year continuity of residence requirement then you will have to wait another three years, sorry.

The residence requirements are outlined in this pdf document (from the Home Office Nationality Instructions):
http://www.ind.homeoffice.gov.uk/doc...xb?view=Binary

The law is set down in the British Nationality Act 1981 and the Home Office has to follow the will of Parliament in that respect.

And to any other Australians in the UK contemplating leaving - if you haven't got your British citizenship before doing so, it will generally be too late to change your mind once back in Australia.
Thanks for that link JAJ. half the problem for me is that all this started before I knew much about the internet and therefore sought advice from Home Office staff rather than the guidelines which are available to all on the net. Now I know better!

I am clutching at straws for a couple of loopholes that might mean I can apply next year: the first is....how can you have 900 days abscence (which they have discretion to allow) in 5 years without spending a couple of years of that out of the country? In the past 11 years I have still had less than 900 days abscence - it's just that all mine are more recent.

Also, from those notes you provided the link for.....it says that physical prescence in the UK is enough, you do not need to have been ordinarily resident. I guess I'm probably hoping too much but, but, but......

OK...finished hi-jacking your thread now okletsgo!
 
Old Aug 2nd 2006 | 11:33 pm
  #35  
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Default Re: Going back to Aus

Originally Posted by banjo
Thanks for that link JAJ. half the problem for me is that all this started before I knew much about the internet and therefore sought advice from Home Office staff rather than the guidelines which are available to all on the net. Now I know better!

I am clutching at straws for a couple of loopholes that might mean I can apply next year: the first is....how can you have 900 days abscence (which they have discretion to allow) in 5 years without spending a couple of years of that out of the country? In the past 11 years I have still had less than 900 days abscence - it's just that all mine are more recent.

Also, from those notes you provided the link for.....it says that physical prescence in the UK is enough, you do not need to have been ordinarily resident. I guess I'm probably hoping too much but, but, but......

Aren't you married to a British citizen? If so then a 3 year residence requirement applies, not 5.

The 3 year requirement works as:

- physically in the UK on the exact day 3 years prior to the application being made; and
- outside the UK for no more than 270 days in that 3 years; and
- outside the UK for no more than 90 days in the 12 months preceding application

It's up to you to prove you meet these requirements, and you need to hold Indefinite Leave to Remain or equivalent on the application date.

The 270 and 90 day requirements may be increased to 300 and 100 days with little formality on a discretionary basis.

Only in exceptional cases can the 270 day threshold be increased beyond 300 days. The 90 day requirement can be increased up to 180 days if it is clear the applicant is settled in the United Kingdom

It's a lot easier to sort out British citizenship before making the decision to leave, it's amazing how many Australians in the UK don't even seem to think about it.
 
Old Aug 2nd 2006 | 11:38 pm
  #36  
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Default Re: Going back to Aus

Originally Posted by JAJ
Aren't you married to a British citizen? If so then a 3 year residence requirement applies, not 5.

The 3 year requirement works as:

- physically in the UK on the exact day 3 years prior to the application being made; and
- outside the UK for no more than 270 days in that 3 years; and
- outside the UK for no more than 90 days in the 12 months preceding application

It's up to you to prove you meet these requirements, and you need to hold Indefinite Leave to Remain or equivalent on the application date.

The 270 and 90 day requirements may be increased to 300 and 100 days with little formality on a discretionary basis.

Only in exceptional cases can the 270 day threshold be increased beyond 300 days. The 90 day requirement can be increased up to 180 days if it is clear the applicant is settled in the United Kingdom

It's a lot easier to sort out British citizenship before making the decision to leave, it's amazing how many Australians in the UK don't even seem to think about it.

yes, I am married to a Brit. I was hoping I could be assessed independantly of that though. Do you not think this will be possible? I would have been physically present in the country 5 years previously but not 3.
 
Old Aug 5th 2006 | 4:03 am
  #37  
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Default Re: Going back to Aus

Originally Posted by banjo
yes, I am married to a Brit. I was hoping I could be assessed independantly of that though. Do you not think this will be possible? I would have been physically present in the country 5 years previously but not 3.

There is no statutory bar on a person married to a British citizen applying under the 5 year requirement, rather than the 3 year requirement. You would have to be clear about this in your application, it's the kind of thing that can confuse case-workers.

But do read the Home Office guidelines carefully on excess absences, if you have been away in Australia a few years you will probably struggle even under the 5 year rule.

Also be aware that those applying under the 5 year rule must normally intend to stay resident in the United Kingdom, although people can and do change their minds later on.
 

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