Aussie returning to the UK

Old May 4th 2008, 3:41 pm
  #16  
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Default Re: Aussie returning to the UK

Originally Posted by cherry6 View Post
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
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Old May 4th 2008, 4:41 pm
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Default Re: Aussie returning to the UK

Originally Posted by Megami View Post
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?
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Old May 6th 2008, 12:09 am
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Default 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!
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Old May 6th 2008, 1:04 am
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Default Re: Aussie returning to the UK

Originally Posted by JAJ View Post
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.
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Old May 6th 2008, 4:17 am
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Default Re: Aussie returning to the UK

Originally Posted by cherry6 View Post
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).
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Old May 6th 2008, 4:21 am
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Default Re: Aussie returning to the UK

Originally Posted by Megami View Post
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!
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.
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Old May 6th 2008, 4:26 am
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Default 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.
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Old May 6th 2008, 5:33 am
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Default Re: Aussie returning to the UK

Originally Posted by cherry6 View Post
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 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!
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Old May 6th 2008, 10:07 am
  #24  
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Default Re: Aussie returning to the UK

Originally Posted by JAJ View Post
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.
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Old May 6th 2008, 10:09 am
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Default Re: Aussie returning to the UK

Originally Posted by JoolsB View Post
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 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
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Old May 6th 2008, 10:49 am
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Default Re: Aussie returning to the UK

Originally Posted by cherry6 View Post
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 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?!
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Old May 6th 2008, 12:12 pm
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Default Re: Aussie returning to the UK

Originally Posted by Megami View Post
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
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Old May 6th 2008, 12:15 pm
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Default Re: Aussie returning to the UK

Originally Posted by cherry6 View Post
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.
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Old May 6th 2008, 9:05 pm
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Default Re: Aussie returning to the UK

Thanks JAJ, I will check that out.
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Old May 7th 2008, 12:36 am
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Default Re: Aussie returning to the UK

Originally Posted by JAJ View Post
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!!
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