JAJ

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

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

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!

cherry6

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

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

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

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

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!

cherry6

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

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

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?!

JAJ

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.

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

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

Thanks JAJ, I will check that out.

cherry6

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!!