pom_in_NZ

Hi,

I am considering a move back to the UK after living in NZ for nearly 4 years. I am married to a kiwi and have discovered that my husband would be eligible for the following visas but unsure which one would be the best and easiest? I haven't done much research but thought if anyone else has more knowledge?

- Spouse Visa
- UK Ancestry Visa (as his grandmother was born in Scotland).

Thanks in advance.
Claire

Snap Shot

I have a family category visa for NZ because I'm a Brit married to a kiwi. So, we've done it the other way round. My husband was born in Britain to British parents. You could research both options to see which is the better option. Basically what is the fee structure for either visa ? How many years on a spouse visa compared to an ancestry visa ?

The person I took over from who was leaving to go to Britain has a British ancestry visa via her parents which means her and her husband can live and work in Britain for five years.

holly_1948

Your husband's date of birth is a key factor. Please tell us.

pom_in_NZ

His DOB is Dec 1965.

I will have to do some research for both visas then...

englishguygoinghome

IF he can get an ancestry visa the do that
UNLESS you (not jointly, just you personally) will have guaranteed earnings of over 18600 from day 1 in the UK AND have earned that much over the past year. (Or have over 62000 in savings). Without that level of cash you won't get a spouse visa

JAJ

Before the changes to spouse visas made in July 2012, the standard advice would have been to apply for a spouse visa. Now, since the time for permanent residence on a spouse visa is increased to 5 years, it is normally preferable to have an ancestry visa as that gives him an individual right to remain in the U.K., not linked to being married to you.

You could discuss further with a U.K. immigration solicitor to be sure, but as far as I can see, ancestry visa may well be a better option. As long as he intends to be in full time employment.

I presume you are aware that by leaving New Zealand after only 4 years, you won't be eligible for NZ citizenship and if you return in future (unless that is relatively soon) the 5 year waiting time for citizenship re-starts at zero. As a minimum, you should make sure you have your Indefinite Returning Resident Visa (or whatever that is called now).

pom_in_NZ

With regards to the spouse visa, would we have to wait after I'd worked in a new job in the UK for a year before applying and prove I'd be earning 18,600 or more??

For the ancestry visa, is it compulsory that he has to be in a full time employment? The thing is he has a part time job because of his head injury.

Yes, I'm aware that I would lose out applying for NZ citizenship. I only had my residence last September after being on a WHV and Work Permits. So, 2016 would be the year I'd apply if I stay here but it's a long way off and I'm not even too worried about getting one.

I'm now onto my 2nd year of my Residence visa and I would need to wait for another 6 months so by then, I will have met the residing requirements before applying for RRV.