dmuk

Looking for advice for a potential move to Western Australia in 12 to 18 months time. We have been reading through the forum however hoping for some specific advice before we start firing off applications. Thanks.

Background:
+ Married couple living in the UK.
+ Not UK passport holders.
+ Wife holds a EU passport.
+ Wife holds a UK accredited PGCE (teaching degree).
+ Husband holds an AUS passport.

Visa:

We are currently considering submitting a "Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)" application. However we do wonder if there is any merit in looking into a "Skilled Occupations" visa? Also, we have ruled out moving first and then sorting out a visa from Australia (as believe this is not possible).

Current lead times for 309/100 visas are approximately 10 to 14 months.
immi_processing_times - Australian High Commission

In terms of applying, what considerations should be made for changes in family circumstances (ie having a child). What can be done the child is born after the application has been submitted or approved?

Work:

Teaching is on the skilled shortages list however understand it can be quite competitive. We understand that UK PGCE holders are required to undertake an evaluation (Evaluation | Australian Institute for Teaching and School Leadership). Is there any other preparation etc that needs to be made?

Are there any considerations to make for english as a second language?

Bermudashorts

I cannot think of any reason why you would apply for skilled migration when one of you is an Australian.

It would make loads more sense to get the visa before you move as otherwise you are taking a big risk as the non Australian needs to travel in on a tourist visa and hope not to be caught, as this is not the appropriate use of a tourist visa.

quoll

Also, if you are eligible to take UK citizenship, it would be a wise move to do so should you ever want to return to live in UK/Europe.

I'm with Bermudashorts - if you're an Aussie and she's your wife it'd be daft to go for anything other than a spouse visa and do it offshore rather than tempting fate and misusing a tourist visa. You've got plenty of time if you apply now.

rammygirl

In regard to children, you do not mention your OH nationality, but they will be Australian by descent if born outside Australia so can get an Australian passport no visa required.

It may depend on your OH status as to what citizenship she can pass down.

As said it is now hard to return to the UK so do consider future plans to return to Europe, although rules can and do change!

Pollyana

Applying for a Partner Visa has the advantage that you don't need to worry about Skills Assessments, IELTS tests, waiting for your EOI to be selected etc. Certainly a better way to go

dmuk

Thanks for the responses.

Partner Visa:

It seems that the spouse/partner visa option is the best way to go. We only contemplated the skilled visa route due to potential lower cost and processing time - but doesn't make sense given the effort, work requirements etc etc

In terms of timing, once we get confirmation of a successful application, how long do we have before we need to enter the country? (I am thinking of logistics of flights, packing, moving etc.)

Child Visa:

Still a little confused on this one however reassuring if we can apply for Australian citizenship (instead of applying for a Child Visa (Subclass 101)). Although then not certain how this may impact current and future UK citizenship etc?

Also not clear on timing. If the mother applies now for a Partner Visa - when do we apply for the child not yet born? Would this potentially delay when we could leave for Oz?

References
http://www.immi.gov.au/allforms/pdf/1128.pdf
Australian Citizenship – Child born overseas to an Australian citizen

UK Citizenship:

We are both EU passport holders so assuming the EU remains intact, we shouldn't have any problems returning to the UK if required. Therefore don't see an immediate need to apply for UK citizenship (unless there would be a benefit).

Pollyana

Generally 12 months from tha date of the medical or police check, whichever is done earlier. For that reason, don't do them until requested by the CO.
No need for a child visa - if the child is not Australian, then they are added to the Partner Visa as a dependent.

The child can hold dual citizenship, British and Australian, so there is no imoact.
If the unborn child is to be an Aussie citizen then there is no impact at all on the application as he/she won't need a visa

dmuk

Great. Sounds pretty straight forward (for now)!

Just to double confirm the point. As you state, it does appears that you must enter within 12 months of the health and character checks being carried out. (Partner Migration - FAQs - Australian Embassy Q20)

When in the process are these checks carried out?

If we are aiming for a Oct/Nov/Dec 2015 move; and current processing times are 10-14 months - I suspect we are under no risk of being under pressure to move before Oct 2015?

quoll

If neither of you are UK citizens at the time of the child's birth then it won't be entitled to citizenship of UK at all if born overseas. If it's born in UK then it will have UK citizenship. If it's born o/s and you have acquired citizenship by naturalisation then it will acquire UK citizenship by descent at birth. As you are Aus (assuming other than by descent or having lived there for several years) then the child will be born with Aus citizenship by descent - you will have to register it as such with Aus HC then, when granted apply for Aus passport.
You can't apply for anything until it's born but looks like the only thing you'll have to apply for is its passport (unless you are a citizen by descent who has never lived there).

I guess the only rub could be that your child couldn't acquire citizenship of the EU countries that its parents hold for whatever reason (dunno, could be an issue) in which case if UK remains in EU and you wanted to return, you and your wife could get in but your child could not. If UK leaves the EU then none of you might be allowed back in

Pollyana

Its usually 12 months, but not always. Re4cent London Spouse Visas seem to have the request about 5 months after applying.. This first entry doesn't have to be the permanent move though, it can just be a holiday.

BritInParis

Any children born to you in the UK will only be entitled to British citizenship providing you can demonstrate you have been resident in the UK exercising your Treaty Rights for five years. Likewise you will only be able to naturalise as British citizens if you have been resident for six years.

If you are eligible and do choose to naturalise as British citizens (a wise move given the forthcoming EU referendum) then check whether your other EU citizenship allows for dual citizenship before naturalising else you may run the risk of losing that citizenship.

dmuk

Uh, this is getting complicated.

Proving your right to live in the UK as an EU citizen:

We have both resided in the UK for more than five years, so believe that we can easily demonstrate. We have bank statements, pay slips, electoral roll documents etc I assume this is sufficient should we chose to apply for a UK passport for our child?

According to the Gov UK website you can pay £55 for an EEA 3 certificate that formally proves your right to reside in the UK. This is optional.
https://www.gov.uk/eea-registration-certificate

This assumes we want the child to get a UK Passport. Alternatively we can apply for an Australian Passport when the child is born? Could the child hold both? We may need to be careful the order we apply.

UK Citizenship:

We do not have any current intention of becoming UK citizens. I wonder if this may further complicate the dual/multi nationality position. We wouldn't want to give up our EU passports even given the political risk.

I hold an EU and AUS passport.
My wife holds an EU passport.

It looks like I am okay however my wife would need to get permission from the Germany government to hold two passports (Beibehaltungsgenehmigung).

Would we only need this evidence when we pursue the Partner (Migrant) visa (subclass 100)? Or is this only required should my wife wish to become an Australia citizen?

BritInParis

A passport doesn't confer citizenship. You need to be a citizen of a particular country in order to be eligible for its passport. If you are already a citizen then it doesn't matter which order they are obtained in. Both the UK and Australia permit dual nationality so there is no issue in holding multiple other citizenships. If your child is born in the UK when you are a Permanent Resident (with or without the card) then they will be a British citizen at birth whether you apply for their passport or not.

It would however make your child's British passport application a lot easier if you had already applied for and received your EEA Permanent Residence card before they were born. This would also aid your applications for naturalisation as British citizens should you choose to do so before you leave.

You can hold both Australian and British citizenship at the same time without any issue. You haven't said what EU citizenship you hold but providing that country's nationality law permits dual citizenship then you can also hold all three concurrently.

Your wife doesn't need permission from the German government in order to retain her German citizenship before becoming British as the UK is a EU country which means it is exempt from that regulation. However as the law stands your wife would need permission before becoming an Australian citizen if that becomes an option for her in the future. She wouldn't need permission to receive a visa for Australia.

If you've spent a considerable amount of both time and money in the UK then becoming a British citizen would be a logical reward for your investment. You could do it easily within your time-frame. Acquiring as many citizenships as possible is a wise move given the increasing hostile attitude towards immigration within Europe and elsewhere in order to leave the door open for yourselves and any children you may have in the future.

dmuk

Thanks for the comprehensive response.

After reading your reply and doing some more research, there will be no loss of German passport should my partner receive an Australia visa.

In the likelihood of pursuing an Australian passport, we would need to attain a Beibehaltungsgenehmigung prior to applying for citizenship.

I wasn't aware of the UK passport option but it may be worth pursuing. According to the Beibehaltungsgenehmigung, we would no lose our German passports as EU member states are exempt from that element of citizenship law.

While not cheap (£900 AN application + £50 Life in UK test) it would provide future flexibility.

Thanks!

BritInParis

No worries. There's was a discount for joint applications for married couples but that seems to have gone in the latest round of fee changes.