British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Aussie returning to the UK (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/aussie-returning-uk-533527/)

Megami May 1st 2008 8:11 am

Aussie returning to the UK
 
Sorry to do an intro here, but I have been lurking for some time and thought I would do the right thing and see if you would all have me as a member ...

We are not your typical returning to UK situation. My husband and I are Australians who went to have a working holiday (though not on WHV - he has right of abode, could have citizenship, I get to stay around as well:)) in the UK in 2002-03. We returned to Australia, and are now organising to return to the UK, this time permanently, or at least for a few years. Not sure where we will be living, as it depends on my husband's job, but it looks like we are leaving Australia at the end of the year.

This forum has been very useful so far, and I look forward to 'meeting' more of you online in the future.

Cheers,
Megami

quoll May 1st 2008 8:38 am

Re: Aussie returning to the UK
 
Lucky you!!! I hope you have a wonderful time there and enjoy every minute. My eldest is also an Aussie with dual citizenship and has found far better career options in UK than he could have here - he doesnt know if/when he will be back either! Just wish I could persuade my Aussie husband that he wanted UK seasons rather than Canberra ones!

Megami May 1st 2008 9:02 am

Re: Aussie returning to the UK
 
Quoll - we are currently in Canberra too - we live in North Lyneham.

quoll May 1st 2008 12:26 pm

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6291523)
Quoll - we are currently in Canberra too - we live in North Lyneham.

Hey neighbour - Ainslie here!

Any preferences for where you will be going? You will get lots of "best place" suggestions from the folk here!

manc1 May 1st 2008 10:18 pm

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6291340)
Sorry to do an intro here, but I have been lurking for some time and thought I would do the right thing and see if you would all have me as a member ...

We are not your typical returning to UK situation. My husband and I are Australians who went to have a working holiday (though not on WHV - he has right of abode, could have citizenship, I get to stay around as well:)) in the UK in 2002-03. We returned to Australia, and are now organising to return to the UK, this time permanently, or at least for a few years. Not sure where we will be living, as it depends on my husband's job, but it looks like we are leaving Australia at the end of the year.

This forum has been very useful so far, and I look forward to 'meeting' more of you online in the future.

Cheers,
Megami



Best of luck.

jimmyd4006 May 2nd 2008 9:32 am

Re: Aussie returning to the UK
 
can I come too !!! I wish :sad_smile:

marvinc May 2nd 2008 11:34 am

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6291340)
Sorry to do an intro here, but I have been lurking for some time and thought I would do the right thing and see if you would all have me as a member ...

We are not your typical returning to UK situation. My husband and I are Australians who went to have a working holiday (though not on WHV - he has right of abode, could have citizenship, I get to stay around as well:)) in the UK in 2002-03. We returned to Australia, and are now organising to return to the UK, this time permanently, or at least for a few years. Not sure where we will be living, as it depends on my husband's job, but it looks like we are leaving Australia at the end of the year.

This forum has been very useful so far, and I look forward to 'meeting' more of you online in the future.

Cheers,
Megami

Great news, you can buy my house in the UK then I can get over to Oz LOL :rofl::thumbsup:

saoghalbeag May 4th 2008 6:24 am

Re: Aussie returning to the UK
 
Hi Megami - where abouts are you heading in the UK? Where did you spend your time whilst there on your whv? I'm in a similar boat - was in Scotland 02-05 and was already starting to plot my return on the flight out of Glasgow!!!! Did NOT want to leave but don't have the good fortune of ancestral connections so it's the long, hard road for me :( Finally seeing a light at the end of the tunnel and should be heading back over next year. Due to the immigration issue I have decided going over as a student will be my best (albeit expensive) option. I'm heading straight to Scotland and hoping to still be there when I'm an old biddy sitting in my rocking chair! Welcome to BE - good place to find info and vent your frustrations :thumbup:

Fleaflyfloflum May 4th 2008 6:28 am

Re: Aussie returning to the UK
 
Good luck and best wishes to all you Aussies trying to get over.

My Aussie mate has just decided she wants to come over with me when I go. I thought she was joking at first but shes planning taking her dogs too!! :ohmy:

jimmyd4006 May 4th 2008 6:51 am

Re: Aussie returning to the UK
 

Originally Posted by Fleaflyfloflum (Post 6304612)
Good luck and best wishes to all you Aussies trying to get over.

My Aussie mate has just decided she wants to come over with me when I go. I thought she was joking at first but shes planning taking her dogs too!! :ohmy:

Hi Flea, how long to you finally get home, it must be getting fairly close now, your lucky friend, she must have residency I spose, anyway best of luck at you getting home as quickly as possible :thumbup:

Fleaflyfloflum May 4th 2008 7:06 am

Re: Aussie returning to the UK
 

Originally Posted by jimmyd4006 (Post 6304671)
Hi Flea, how long to you finally get home, it must be getting fairly close now, your lucky friend, she must have residency I spose, anyway best of luck at you getting home as quickly as possible :thumbup:

Hello Jimmy.

Something is in the air but i am not going to tempt fate until i kow its happening, but and a big but, i could be going home quite soon.

No, my friend does not have residency, she is in similar position to you, but she is a CPA so is going to try getting in on the highly skilled migrant programme. She thinks she has enough points.

I was going to get her to come on here, but if she saw some of the crap i write, she will spank my bottom BIG TIME!! :rofl::rofl:

cherry6 May 4th 2008 8:04 am

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6291340)
Sorry to do an intro here, but I have been lurking for some time and thought I would do the right thing and see if you would all have me as a member ...

We are not your typical returning to UK situation. My husband and I are Australians who went to have a working holiday (though not on WHV - he has right of abode, could have citizenship, I get to stay around as well:)) in the UK in 2002-03. We returned to Australia, and are now organising to return to the UK, this time permanently, or at least for a few years. Not sure where we will be living, as it depends on my husband's job, but it looks like we are leaving Australia at the end of the year.

This forum has been very useful so far, and I look forward to 'meeting' more of you online in the future.

Cheers,
Megami

Hi Megami,
I am an Aussie too, except I spent most of my life in the UK. Im on an Aussie passport and I will have to apply for right to abode in order to re enter the UK. Hopefully it wont be too difficult. I always thought Australia was where my heart would be but now I have been here this long (over 4 years) I have realised that Britain was where i really belonged. Good luck x

Megami May 4th 2008 8:06 am

Re: Aussie returning to the UK
 
Where we end up depends on where my husband's work sends him - it could be anywhere from Kent to Scotland, and anywhere in between!

Last time we were there we lived in London (Isle of Dogs), Glasgow (in Merchant City) and Manchester (just behind Salford Cathederal). We pretty much saw most of the UK on trips, except Cornwall for some reason.

brits1 May 4th 2008 1:59 pm

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6291340)
Sorry to do an intro here, but I have been lurking for some time and thought I would do the right thing and see if you would all have me as a member ...

We are not your typical returning to UK situation. My husband and I are Australians who went to have a working holiday (though not on WHV - he has right of abode, could have citizenship, I get to stay around as well:)) in the UK in 2002-03. We returned to Australia, and are now organising to return to the UK, this time permanently, or at least for a few years. Not sure where we will be living, as it depends on my husband's job, but it looks like we are leaving Australia at the end of the year.

This forum has been very useful so far, and I look forward to 'meeting' more of you online in the future.

Cheers,
Megami

Good luck and hope that your life in the U.K is a Great one......it's nice to know that people from other countries like/love the U.K as much as we (nearly) all do on this site!!!
All the best

jimmyd4006 May 4th 2008 2:33 pm

Re: Aussie returning to the UK
 

Originally Posted by Fleaflyfloflum (Post 6304707)
Hello Jimmy.

Something is in the air but i am not going to tempt fate until i kow its happening, but and a big but, i could be going home quite soon.

No, my friend does not have residency, she is in similar position to you, but she is a CPA so is going to try getting in on the highly skilled migrant programme. She thinks she has enough points.

I was going to get her to come on here, but if she saw some of the crap i write, she will spank my bottom BIG TIME!! :rofl::rofl:

good on ya !! so glad to hear finally something might be happening for you so you can get back to your beautiful homeland..keeping my fingers..and everything else, crossed for you :thumbsup:

JAJ May 4th 2008 3:41 pm

Re: Aussie returning to the UK
 

Originally Posted by cherry6 (Post 6304852)
Hi Megami,
I am an Aussie too, except I spent most of my life in the UK. Im on an Aussie passport and I will have to apply for right to abode in order to re enter the UK. Hopefully it wont be too difficult. I always thought Australia was where my heart would be but now I have been here this long (over 4 years) I have realised that Britain was where i really belonged. Good luck x

Right of Abode only applies in very specific circumstances. Do you have a British born parent?

Otherwise are you referring to Indefinite Leave to Remain, which is permanent residence in Britain? If so, then look at the information for returning residents at http://www.ukvisas.gov.uk

JAJ May 4th 2008 4:41 pm

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6291340)
Sorry to do an intro here, but I have been lurking for some time and thought I would do the right thing and see if you would all have me as a member ...

We are not your typical returning to UK situation. My husband and I are Australians who went to have a working holiday (though not on WHV - he has right of abode, could have citizenship, I get to stay around as well:)) in the UK in 2002-03. We returned to Australia, and are now organising to return to the UK, this time permanently, or at least for a few years. Not sure where we will be living, as it depends on my husband's job, but it looks like we are leaving Australia at the end of the year.

Are you aware that if your husband becomes a British citizen now (presumably based on his mother) that you will be eligible for British citizenship yourself more quickly, under current laws anyway?

Megami May 6th 2008 12:09 am

Re: Aussie returning to the UK
 
JAJ, my husband previously had right of abode due to a parent being born in the UK (and I had indefinite leave to remain) which is why we got to live in the UK and work in our professions, so that is not a problem. Citizenship would not be a problem for him, he just has to fill in the paperwork. We are leaving that for now as we will wait until he is over there. Once he has citizenship I can apply for myself and my son - it won't be as easy, but it can be done. Due to his work I will not have to go through the palaver I went through last time for indefinite leave to remain, which is also a plus.

Heck, I even have an NI number! :D

cherry6 May 6th 2008 1:04 am

Re: Aussie returning to the UK
 

Originally Posted by JAJ (Post 6306198)
Right of Abode only applies in very specific circumstances. Do you have a British born parent?

Otherwise are you referring to Indefinite Leave to Remain, which is permanent residence in Britain? If so, then look at the information for returning residents at http://www.ukvisas.gov.uk

Yes I do, I have a UK born mother. I lived nearly all my life in the UK (over 30 years), got a NI number, married a UK man and have 3 UK born children. My parents, aunt, cousins and brother still reside there. I know I can do the registration thing but that is nearly a $1000, and right to abode is $462. I have been here in Oz for the last 4 and a half years. Why do you think it will be a problem? What I find annoying is they will not let me apply until 3 months before I go back to the UK (hopefully Dec) and there is no refund for unsuccessful applications.

JAJ May 6th 2008 4:17 am

Re: Aussie returning to the UK
 

Originally Posted by cherry6 (Post 6311366)
Yes I do, I have a UK born mother. I lived nearly all my life in the UK (over 30 years), got a NI number, married a UK man and have 3 UK born children. My parents, aunt, cousins and brother still reside there. I know I can do the registration thing but that is nearly a $1000, and right to abode is $462. I have been here in Oz for the last 4 and a half years. Why do you think it will be a problem? What I find annoying is they will not let me apply until 3 months before I go back to the UK (hopefully Dec) and there is no refund for unsuccessful applications.

You can apply for Right of Abode anytime. Who is telling you something else?

Incidentally, you need to be aware that Right of Abode is a legal status under the Immigration Act. The certificate you apply for is evidence of Right of Abode, not Right of Abode itself.

Your choice about whether or not you want to upgrade to British citizenship - just be aware that if you don't, your spouse has to wait longer for naturalisation in Britain (5 years rather than 3, under current laws anyway).

JAJ May 6th 2008 4:21 am

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6311271)
JAJ, my husband previously had right of abode due to a parent being born in the UK (and I had indefinite leave to remain) which is why we got to live in the UK and work in our professions, so that is not a problem. Citizenship would not be a problem for him, he just has to fill in the paperwork. We are leaving that for now as we will wait until he is over there. Once he has citizenship I can apply for myself and my son - it won't be as easy, but it can be done. Due to his work I will not have to go through the palaver I went through last time for indefinite leave to remain, which is also a plus.

Heck, I even have an NI number! :D

I'm sorry, but what you say appears to be quite mixed up and confused.

Firstly, which parent of your husband is U.K. born? It makes a difference as in one case he's British already, in the other he is not (but has Right of Abode and may be entitled to registration as a British citizen).

Secondly, if he becomes British (or already is) then it won't help you become British, except by reducing the waiting period for naturalisation.

Thirdly, your son won't automatically get British citizenship either (unless he was born in Britain) and his pathway will depend on the answer to the first question.

Fourthly, your Indefinite Leave to Remain will have expired if it is more than 2 years since you were last in the United Kingdom. You need to check the requirements for returning resident entry clearance at http://www.ukvisas.gov.uk

And finally, the fact you have a National Insurance number does not in itself confer any immigration status in the United Kingdom.

Megami May 6th 2008 4:26 am

Re: Aussie returning to the UK
 
JAJ - the NI thing was a joke. Hence the smiley.
I know my indefinite leave to remain has expired, it is easy for me to get another one.
I have researched citizenship for myself and my son. I know what I am talking about.
Due to the work he is going into (the British Army) there are certain conditions due to be a lateral transfer from a Commonwealth Nation that make it easier for us to move to the UK and then work on citizenship/naturalisation for my husband, son and myself.

I am sure you are only trying to be helpful, but please, don't imply I don't know what I am talking about. I am not just making stuff up, I have contacted the High Commission, the British Army and others.

JoolsB May 6th 2008 5:33 am

Re: Aussie returning to the UK
 

Originally Posted by cherry6 (Post 6304852)
Hi Megami,
I am an Aussie too, except I spent most of my life in the UK. Im on an Aussie passport and I will have to apply for right to abode in order to re enter the UK. Hopefully it wont be too difficult. I always thought Australia was where my heart would be but now I have been here this long (over 4 years) I have realised that Britain was where i really belonged. Good luck x

Hi cherry6,
I am same as you-an Aussie but lived in UK from age 4 to 34 (now). Wanted to come back to Aus for years but now I'm here I'm not sure:unsure: Think I've become too Enslish! I too only have an Aussie passport but luckily my mother was a Brit so I can apply for British passport via her old passports which I am about to do now just in case. Feel very silly I didn't apply in the 30 yrs I was in UK ...Best of luck with getting back in!

cherry6 May 6th 2008 10:07 am

Re: Aussie returning to the UK
 

Originally Posted by JAJ (Post 6311869)
You can apply for Right of Abode anytime. Who is telling you something else?

Incidentally, you need to be aware that Right of Abode is a legal status under the Immigration Act. The certificate you apply for is evidence of Right of Abode, not Right of Abode itself.

Your choice about whether or not you want to upgrade to British citizenship - just be aware that if you don't, your spouse has to wait longer for naturalisation in Britain (5 years rather than 3, under current laws anyway).

The BHC in Canberra said that, but to be honest I get the feeling they dont really listen to the questions when I ask on the phone. I dont want to pay for the application and get refused because I have applied to early, but at the same time I dont want to wait too long either. Are you sure I can apply any time?
The evidence of the right of abode is fine as long as it gets me into UK on an Aussie passport and one way ticket.
My spouse is UK born and bred so doesnt require naturalisation.

cherry6 May 6th 2008 10:09 am

Re: Aussie returning to the UK
 

Originally Posted by JoolsB (Post 6312048)
Hi cherry6,
I am same as you-an Aussie but lived in UK from age 4 to 34 (now). Wanted to come back to Aus for years but now I'm here I'm not sure:unsure: Think I've become too Enslish! I too only have an Aussie passport but luckily my mother was a Brit so I can apply for British passport via her old passports which I am about to do now just in case. Feel very silly I didn't apply in the 30 yrs I was in UK ...Best of luck with getting back in!

Wow glad I am not the only one in that boat! My mum is UK born too, but i cant really afford the $1000 to register to get the Brit passport. I feel silly for not getting the right to abode when I was there too, stupidly thought the grass was greener here. Boy was I wrong :(

JoolsB May 6th 2008 10:49 am

Re: Aussie returning to the UK
 

Originally Posted by cherry6 (Post 6312827)
Wow glad I am not the only one in that boat! My mum is UK born too, but i cant really afford the $1000 to register to get the Brit passport. I feel silly for not getting the right to abode when I was there too, stupidly thought the grass was greener here. Boy was I wrong :(

Hi Cherry-I could do without the expense too but I am worried that as I have only been here 3 months and am meant to be giving it 2 years:zzz: the rules may change and I will end up here forever against my will. I may well change my opinions & love it here in 2 years but if I still feel like I do now I want to be able to escape. I thought grass was greener too-what were we thinking?!:o

JAJ May 6th 2008 12:12 pm

Re: Aussie returning to the UK
 

Originally Posted by Megami (Post 6311892)
JAJ - the NI thing was a joke. Hence the smiley.
I know my indefinite leave to remain has expired, it is easy for me to get another one.

If you meet the requirements for returning resident entry clearance - yes, you can get another one.

If you are going to be reapplying as a spouse, no you most likely won't be getting indefinite leave straight away.


I have researched citizenship for myself and my son. I know what I am talking about.
Due to the work he is going into (the British Army) there are certain conditions due to be a lateral transfer from a Commonwealth Nation that make it easier for us to move to the UK and then work on citizenship/naturalisation for my husband, son and myself.

I am sure you are only trying to be helpful, but please, don't imply I don't know what I am talking about. I am not just making stuff up, I have contacted the High Commission, the British Army and others.
With the greatest of respect, you appear to have been relying on embassy advice which is often wrong.

If you want to read the real rules on citizenship, start here:
http://www.bia.homeoffice.gov.uk/pol...Is1/?version=1

JAJ May 6th 2008 12:15 pm

Re: Aussie returning to the UK
 

Originally Posted by cherry6 (Post 6312818)
The BHC in Canberra said that, but to be honest I get the feeling they dont really listen to the questions when I ask on the phone. I dont want to pay for the application and get refused because I have applied to early, but at the same time I dont want to wait too long either. Are you sure I can apply any time?
The evidence of the right of abode is fine as long as it gets me into UK on an Aussie passport and one way ticket.
My spouse is UK born and bred so doesnt require naturalisation.

http://bhc.britaus.net/Visas/visadefault.asp?id=274

Don't waste time asking questions on the phone. The advice is often wrong.

You should be aware that you will have to pay the citizenship fee sooner or later, assuming you want to be a British citizen.

Megami May 6th 2008 9:05 pm

Re: Aussie returning to the UK
 
Thanks JAJ, I will check that out.

cherry6 May 7th 2008 12:36 am

Re: Aussie returning to the UK
 

Originally Posted by JAJ (Post 6313590)
http://bhc.britaus.net/Visas/visadefault.asp?id=274

Don't waste time asking questions on the phone. The advice is often wrong.

You should be aware that you will have to pay the citizenship fee sooner or later, assuming you want to be a British citizen.

I wish i had known that before I spent $30 on phone calls to the British Embassy! Its not exactly reassuring to know that they are handing out the wrong info :(
So I should be OK to apply now then. On the site (and on the phone) they say online applications only (so you are stuffed if you dont have a PC) yet when i tried to fill it in it asks for a sponsor (????) and under how many children it gives the choice of either 1,2,3,5,6 etc and i have 4 kids!!?? So I dont know what I am supposed to do with the fourth childs details!!

cherry6 May 7th 2008 1:18 am

Re: Aussie returning to the UK
 

Originally Posted by JoolsB (Post 6313033)
Hi Cherry-I could do without the expense too but I am worried that as I have only been here 3 months and am meant to be giving it 2 years:zzz: the rules may change and I will end up here forever against my will. I may well change my opinions & love it here in 2 years but if I still feel like I do now I want to be able to escape. I thought grass was greener too-what were we thinking?!:o

Once you feel that way its hard to get over it. Whereabouts are u?

JAJ May 7th 2008 11:46 am

Re: Aussie returning to the UK
 

Originally Posted by cherry6 (Post 6316491)
I wish i had known that before I spent $30 on phone calls to the British Embassy! Its not exactly reassuring to know that they are handing out the wrong info :(
So I should be OK to apply now then. On the site (and on the phone) they say online applications only (so you are stuffed if you dont have a PC) yet when i tried to fill it in it asks for a sponsor (????) and under how many children it gives the choice of either 1,2,3,5,6 etc and i have 4 kids!!?? So I dont know what I am supposed to do with the fourth childs details!!

The form is probably badly designed and doesn't cater properly for Right of Abode applications.

Strongly recommend you join http://www.immigrationboards.com for U.K. immigration advice.

Bear in mind that your spouse and children cannot be included on a Right of Abode application and if they are not British/EEA citizens you will need to sponsor them for a visa.

Megami May 7th 2008 12:12 pm

Re: Aussie returning to the UK
 
Fantastic resource with that link JAJ, thanks for sharing!

JoolsB May 8th 2008 5:45 am

Re: Aussie returning to the UK
 

Originally Posted by cherry6 (Post 6316565)
Once you feel that way its hard to get over it. Whereabouts are u?

I am in Melbourne. Poor Melbourne nothing wrong with it but have the suspicion it's just not for me:ohmy:

Have just completed the citizenship application docs and have hunted out my mother's old passport and birth cert-thank God I have them-she died 14 years back and I am not the best record keeper in the world so it's a miracle!

The $1000 bucks plus $130 for pledge if granted is a bit of a bitter pill but c'est la vie!


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