KS21

I'm new to this site so I beg your indulgence if this is a silly question or asked on the wrong forum....I am an Australian citizen and my husband is a UK citizen we are both retired and have families in each country. We have been trying to divide our time between Aus and UK but I am having increasing difficulty balancing this due to the "no more than 6 months in any given twelve months rule" that applies to the 6 moths leave to remain stamp that I get each time I arrive in the UK. I never actually stay for a block of six months and depending on what is happening in the families, some years we are more in the UK and some years more in Australia. My question is does anyone have any ideas on which visas could work for me in our situation? The spouse visas only seem appropriate if I want to apply for ILR and places the same restrictions only I can't leave rather than can't stay. Any help/suggestions gratefully received.

BritInParis

What year did you marry? Were you born in Australia?

KS21

We married last year but have been together for 5 years, albeit travelling between my home in Australia, my husband's in the UK and all points in between 😊

BritInParis

What’s your husband’s immigration status in Australia? Do you have any recent European ancestry?

KS21

My husband doesn't seem to experience the same difficulties coming to Australia, he comes on a twelve month visitor visa. I have a paternal grandfather born in Dublin, unfortunately that's the closest I can get with ancestry, both parents and other grandparents born in Australia.

Novocastrian

Then apply for Irish citizenship. Job done.

BritInParis

Indeed. A pretty much perfect solution.

https://www.dfa.ie/irish-embassy/aus...tration-guide/

KS21

I have checked on the Irish Dept Foreign Affairs website and it may be very difficult to obtain the necessary documentation, due to family circumstances, to take that option.
Thank you for the suggestion though, if you think anything else please let me know.

BritInParis

It’s pretty much your best bet even if it takes a while to gather the documentation.

KS21

I investigated further.. turns out no Irish Grandfather 😒 so back to square one

Novocastrian

So where was the mysterious grandfather born?

KS21

Seems I'm an Aussie through and through, he was born in Australia

JP93

but is this "no more than 6 months in any given twelve months rule" actually a valid rule? As I've been researching, there's no specific law stating that you cannot come back after your six months expired, at least not for americans (or south american, in my case). I've been trying to find answers for this.

Can anyone help? I'm heading back soon to UK to join my family and my partner, I will be carrying with me a ticket leaving UK and invitation letter. Not even on the official website says something about it, but someone once told me that the officer can think that I'm trying to live in the UK on a tourist visa, and that could be a problem. But if I'll have with me my ticket to go back to my country, would it be a problem? I dunno.

DaveLovesDee

Yes, it's a valid rule. Take any 12-month rolling period, if you spent longer than 182 days in the UK out of a consecutive 365 day period, you overstayed your visit visa, and if caught would be subject to a 10yr ban on entering the UK.

https://www.gov.uk/standard-visitor-visa As you're a non-visa national, you don't require a visa, but the same rules apply.

It'll be down to the discretion of the Immigration Officer, who wiill be able to see your previous visit history.

JP93

Oooooh I see... in the 365 days period...

so it means, I stayed from August 2018 to January 2019, so it means now its only 5 months available in this new 365 days period, is that right?