pako

My husband is an Aussie. He's currently on an 'Indefinite Right to Remain' visa - an extension of his Ancestry Visa. He's been on the Indefinite Right to Remain for 2 years now.

My question is we're going to Oz in Novemebr for an indefinite period, he cannot leave the UK for longer than 2 years on his current visa, which visa is the best for him to seek? The UK gov website is a nightmare and it doesn't make it clear. He has been here for over 6 years now full time and we've been married for 2 of those years. Any ideas anyone???

mlbonner

I thought there was an equivalent "spouse visa" for the UK. I did look into this once, in anticipation of needing it and to find out about his daughters position.... um... don't know the answer I'm afraid. Perhaps you could contact them?

For immigration enquiries, contact:

Immigration & Nationality Directorate
Lunar House
40, Wellesley Road
Croydon
CR9 2BY

Telephone: 0870 606 7766

[email protected]

JackTheLad

Here's another option.

When you are in Australia, your husband can apply for a spouse visa at the British High Commission in Canberra if you and your husband intend to move back to live and work in the UK at some stage.

Here's a bit of copy and paste from the site:

Who qualifies?
In order to qualify as a husband/wife you must show that:

you are legally married to each other
your husband or wife is living and settled in the UK, or is being admitted for settlement at the same time as you
you both intend to live together permanently as husband and wife
you have met each other
together you can support yourselves and any dependants without help from public funds
you have adequate accommodation, owned or occupied exclusively by you, where you and your dependants can live without help from public funds
your husband or wife is not under 18
You will be allowed to stay in the UK and to work for two years at first. Near the end of this time, if you are still married and still intend to live together, you may apply to stay in the UK permanently.

If you and your spouse have been living outside the UK for four years or more, you will be allowed to enter the UK a for an indefinite period.

I hold a Chinese (Hong Kong) passport. Before we moved to Brisbane, I held a UK spouse visa which will expire this coming August. If I had stayed in the UK to fullfil the 2-year requirement, I would qualify for an indefinite stay spouse visa in August. But because I'm here, if I need to go to the UK to work, I will need to extend the spouse visa.

Cheers,
Mrs JTL

saraliz

Indefinitely Leave to Remain is about the best visa you can get. I would *strongly* suggest looking into him obtaining citizenship before he leaves the UK (it sounds as if he's eligible). More info here: http://ind.homeoffice.gov.uk/ind/en/...tionality.html

The spouse visa could be a step backwards for him - unless you've been together for 4 years he'll initially be granted a temporary visa for 2 years, then after those two years he would get Indefinite Leave to Remain (like he has now).

JackTheLad

Oops, what have I done... I meant to change the font size smaller but did exactly the opposite... Sorry about that. I didn't mean to shout!

a very embarrassed Mrs JTL

P.S. Let me try this...

font size 1
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Stormz

I`m Aussie in the UK for 10 years on an ancestry (grandad) visa initially, and then the right to remain thing.
We`re back off to Perth in June.
I applied for Brit Citizenship just before X`mas, and my citizenship came through last week... I have to attend a ceremony in late April before I can apply for a passport. Probably won`t apply for a passport as I don`t think we`ll be returning too soon and my Citizenship thing should be ok if I ever did want to get a passport.

It will cost you around £218 to apply for citizenship. They say it could take up to 8 months on the website but mine was back in 3.
When you fill out your form, get a solicitor to talk to you and write/sign a letter saying you can speak and write English (new requirement). You can send a photocopy of your Aus passport in with your app as long as a solicitor signs it and every page is photocopied. You don`t need to go to the small number of solicitors seen on the website, any solicitor will do, and will probably cost £30 to write/sign the letter.

Get it underway asap as there is a waiting list for the ceremony`s.

pako

Thanks guys you're all really great!!

I can't see anywhere what the criteria is for citizenship? Does anyone know?I can't believe the UK sites are so unhelpful...I'm surprised so many people manage to make it in here....I can't even find the right bl**dy forms!!

If all else fails I guess we can do the marriage visa from Australia...at least we've got all the info together know from doing mine

Anastasia Beaverhausen

I just found this little blurb on the IND website

2 Naturalisation

Foreign nationals may apply for certificates of naturalisation. This also applies to Commonwealth citizens and Irish citizens.

Applicants must:


have lived legally in the United Kingdom for five years (the last year should have been free of any time limit);
be 18 or over
not be of unsound mind;
be of good character;
have sufficient knowledge of English, Welsh or Scottish Gaelic (depending on their age and physical and mental condition); and
stay closely connected with the United Kingdom.
The wife or husband of a British citizen may apply for naturalisation after living in the United Kingdom legally for three years. The applicant's stay must not be subject to any time limit on the date of application; the applicant must be 18 or over and not of unsound mind, and must have sufficient knowledge of the language but does not need to intend to live in the United Kingdom once naturalised. He or she must be of good character, however.

We will be applying for my Dans citizenship before we go to Oz, that way if we have to come back, we dont have to mess around with visas etc...

The form is called AN(new) and can be found here...

http://www.ind.homeoffice.gov.uk/ind...on_forms.html?

Bye
Claire

pako

Anastasia Beaverhausen you're a star..big thank yous I'll get on to that today...my hubby generally needs a bomb up his arse to do anything ...he's just a little too laid back!!

Stormz

He`ll fit in well in Oz then

Also, if you have dual british/aus citizenship, when you`re retired you get 2 pensions... though they may be worked out to be half from one and half from the other so may not gain too much.

ozzieeagle

What happens with that, if you spend 6 months per year of your life in spain ??

Sorry about tricky question, I realise its a pipedream, but I did wonder about pensions etc, in relation to living in spain. (somehow or other I think Northern Aussie is a much easier option lol. but europe for sunchasing, and things to keep ones interest a far more enlightening one.)

Or what pension pays the most, Do i qualify for both ? I've spent about 55 percent in Aussie, and 45 pct In england, of my life now, Does that mean, thats the percentage of pension ? Or does the calculation start from when ones working life begins ?

Back to the thread, These mixed marriages, to seem to last ok Over 25 years in my case

JAJ

Be aware that you're *not* a British citizen until you have your ceremony. Make sure they are sending the ceremony invite to the right place as it seems they're having problems coping when people change address and are sending letters to old addresses. You don't want them closing down your file if they think you have lost interest.

Jeremy

JAJ

I wouldn't rely on this as the criteria are based on residence and (in Australia's case, means test) and citizenship may not even come into this.

Jeremy

JAJ

The important point is that naturalisation requirements are significantly easier where the applicant is married to a British citizen.


Jeremy

Brissiegirl

I have an indifinite leave to remain visa.. as my hubby is British... but I've never got around to the naturalisation lark or the citizenship thingy.. and we leave next month permanently back to Australia.. oops..