JAJ

As an Australian citizen born before 1983 with a British born mother, he acquired Right of Abode in the UK. That gives most of the rights of British citizenship except the passport.

However, it's strongly recommended to become a British citizen, especially now that he won't lose his Australian citizenship. He can either apply for naturalisation on his own merits (residence in the UK) or he can go for registration as a British citizen based on his mother.
http://www.ukba.homeoffice.gov.uk/br...britishmother/

Registration as a British citizen based on his mother is simpler than applying for naturalisation and should only take a few months at most.

Very important. Don't send away original documents as they may well be lost. See the information on "how to apply for British citizenship".
http://www.ukba.homeoffice.gov.uk/br...eckingservice/


As well as this, your children need to be registered as Australian citizens by descent (was your husband born in Australia?) and you will need a spouse visa.

JAJ

You've been given the information you need already ... no point speaking to the embassy as the person answering the phone may also give wrong advice and confuse you further.

If you need to verify information given, then use http://www.immi.gov.au and http://www.citizenship.gov.au - these are not 100% perfect or complete but are fairly good resources, much better than any phone helpline.

sinmon75

He was born in Australia in 1973, but has never applied for a british passport. Sorry, this may sound stupid but why should he apply for British Citizenship if he wants to go back to Australia (sorry if you've already answered this!)?

keel

And so did I:

Keel

JAJ

In case he ever wants to come back and live in Britain? Or in another EEA state? Or if he ever wants to go to a country that allows British citizens (but not Australian citizens) to enter as a tourist without a visa?

If he registers as a British citizen based on his mother, there is one disadvantage that he will be a British citizen "by descent" and hence his citizenship will not pass on to any children born in Australia. (but they may get citizenship from you provided you are UK-born).

sinmon75

I know that, thanks for your time

Still Game

I can recommend Sacred Heart College in Sorrent for a great Catholic School.

All the best for your move - I'm from Perth originally so if you have any queries please let me know. Haven't live there for about 9.5 years tho so may be more out of date than people currently living there!

renth

Reading this thread makes me think of a kindly & helpful uncle (JAJ) talking to a slightly retarded child (the OP).

PS good luck getting into Sacred Heart, long waiting list.

sinmon75

Slightly retarded child!! I take offence at that comment thanks! My dad always used to say if you can't say something nice about someone, then don't say anything at all! There was no need for you to reply to my post as you had nothing constructive to say. Many thanks.

sinmon75

Many thanks for that, I'll add it to the list.

JAJ

Perhaps it may not have been appropriate but if you and your husband seriously want to go to Australia you will need to be resourceful enough to carry out the necessary steps (you've already got the information you need) and not rely on the embassy to help you.

The steps are:

1. CONFIRM that your husband is still an Australian citizen. This is the case if both of the following apply:
a. his father did not become a British citizen by registration or naturalisation before he (your husband) was 18; AND
b. your husband did not become a British citizen between age 18 and 4 April 2002;


2. If YES to the first point, then register your children as Australian citizens by descent and get them Australian passports; and


3. Your husband then needs to sponsor you for a spouse migration visa. This is normally a straightforward process.


With Australian passports for your children, and a spouse visa in your passport, then you can move to Australia. Not before.


If your husband isn't British, then he should consider becoming a British citizen (foolish not to). He can fairly easily register as a British citizen based on his mother, or if he prefers, become naturalised British based on his residence in the United Kingdom (only if he applies while still UK resident).

laven

yeah but saying my husband has an Australian passport and does he need an Australian visa?? cmon!