Where to begin??
 

Hi everyone, i would really love some advice. I used to be a member here ages ago and got some good advice, so rejoined for hopefully more awesome advice (could not remember my old log in).

A general outline first will probs help.

I am a kiwi. My partner of 15 and a half years is British. We met in NZ, and he is a PR there but not a citizen. in 2009 we moved to Australia. He is a temp resident there. We have one child (13). We are not married.

My partner and our daughter have recently returned from a trip home to see family. His first time going home in almost 15 years. His mum has cancer, and while she is ok at the moment, we cant predict the future. His nan is slso getting on a bit.

He has said he may like to move home for a while to be near his mum and nan. I am keen, i think its a great idea. Our daughter is also happy to go (though she usually kicks up a right stink if we even mention moving towns).

Its just talk at the moment but if we were going to move we would be looking at end of 2014 to give us time to save plenty of money for a container (we started sgain in 09 and dont fancy starting compketely from scratch again) and to ship the furry kids and all that other stuff.

I have googled and looked at a number if sites but they just confuse me as to what exactly we need to do etc. i am unsure if just i would need a visa, or if the kid will too (citizenship by descent? But we werent married so will it be difficult?) , what are the requirements, would it be better if we were married....all that type of stuff.

Im not very good with searching for information and getting it right, so any idea what the general process ir requirements might be?

TIA

Re: Where to begin??
 

Lots of different points. Trying to tackle them one by one with the right links.
Child's citizenship or visa
is at the Home Office discretion but usually given: http://www.ukba.homeoffice.gov.uk/br...britishfather/
You have a choice here - if you register the child by following the link above:
- Their children, if born outside the UK will not be able to get British citizenship unless your child has lived in the UK for 3 years.
- Your great-grandchildren, will not be able to get citizenship if your grandkids and great-grandkids are born outside the UK
If you do not register the child:
- you can register them after they have been in the UK for 3 years, at which point they will be a citizen otherwise than by descent
- you will need to earn an additional £3,800 per year, or have an additional £9,500 in savings to get a visa for your partner if your are sponsoring them (see below)
- you will need a visa for your child to come to the UK. There is no direct income requirement for this, you just need to be able to show you can support yourself and the child. The exact rules related to this are here: http://www.ukba.homeoffice.gov.uk/po...art8/children/

Partner's Visa
You can only sponsor your partner if you are married, in a civil partnership, planning on getting married. That gives you three options:
- If this is not the case then your partner will have to find a way of getting their own visa (possibly an ancestry visa). I don't know my way around those rules that well, others here do.
- If you do want to get married / get into a civil partnership then you can apply for a spouse visa.
~ You and you alone will need to be earning at least £18,600 per year in Australia, have been earning this with the same employer for 6 months (or various employers for 12) and have a guaranteed job paying this amount already lined up in the UK
~ OR you (as a family) will need savings of £62,500 in cash which are not a loan and which have been yours, your partners or yours jointly as cash or investments for the past 6 months
~ NOTE: if you don't register your child for a passport that goes up to
£22,400 per year or £72,000 savings
~ These rules have been found "disproportionate" by the UK courts, but as yet it is completely unknown when, if and how they will change
The details regarding this are best read on the BE wiki: http://britishexpats.com/wiki/Spouse_Immigration-UK
- Option 3: you can all move to another EU country for a period of up to 6 months (it can be done in less, but plan for 6). You get a job (any job) there and then move to the UK under EU law. You will need to carefully research the country you move to - in many cases you will find that "a relationship akin to marriage" is recognised for this route. This is known as the Surinder Singh route and has a great page on the BE wiki: http://britishexpats.com/wiki/Surinder_Singh

Lots to think about and plan, I know. But it is worth taking to time to try to really understand the options you have and the consequences of whatever choices you make. Starting to think about it well in advance is a very good idea.

Re: Where to begin??
 

If you're not opposed to getting married then I would do that; it would legitimise your daughter and she would then automatically be a British citizen by descent without having to go through the registration process. Presuming you live in the UK for three consecutive years after the move, she would be able to pass on her British citizenship to any grandchildren born outside the UK through registration.

It would also help your spousal visa application as the financial requirements for children do not apply to British citizens.

Not sure on the particulars of the process, but your partner should consider naturalising as a New Zealand citizen before you leave if possible. Citizenship always makes it easier should you wish to return.