Go Back  British Expats > Living & Moving Abroad > Australia > Immigration, Visas & Citizenship (Australia)
Reload this Page >

Spouse/Partner Visa Query - Children Dual Nationality???

Spouse/Partner Visa Query - Children Dual Nationality???

Thread Tools
 
Old Jan 19th 2014, 5:59 pm
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2014
Location: Cheshire for now, Geelong area soon, for the moment anyway!! lol
Posts: 28
BagManRich is an unknown quantity at this point
Default Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passport

Hi there,

I hope this post finds everyone well, and I am now posting as the lure of Australia has finally for me big time, I know my wife would move back there Ina shot, but as has always been, work and children have kept us in the UK.

I have just returned to the UK after spending Christmas and New Year in And around Melbourne, Point Cook and Bendigo with the in-laws. My wife is still there with the kids enjoying family time with them, while I have had to comeback to work, and straight back to stress and frustration, and the usual cold and damp!! Lol.

I have been looking at various websites looking at qualifying for migration to Aus, but can't seem to see anything in simple English that answers my point!!!

Basically, my wife is a hairdresser, qualified in Australia, and then moved to the UK some 10 years ago. As soon as she was planning on moving back, we met, have since got married and have 2 children, a little girl who is 4 and a little boy who is 18 months. My wife has an Australian passport with a UK visa in it, the children and myself are on UK a passports.

I work in a family business in retail as well as designing and importing goods from India to the UK, and am looking to leave this and move to Australia. Where i stand on being classed as an asset to Australia this is don't know?? I qualified with a HND in Business from University 15 years ago.

I think the pull has made it being there with the kids, and them being older, but seeing how happy they are being outdoors all the time, all of the fun you can have outdoors and not being tied down so much with the weather (except for the extreme heat like they have just had which I missed out on), and having to wrap up with coats and gloves and scarves, and then losing the kids the gloves!!!! lol.

We've been to Australia some 9 times in the last 8 years, and this time we talked a lot about it, looked at houses, discussed things, and have basically said let's see how we feel in 12 months. I thought I'd drop a line on here to see where we stand with regards to visa application/approval for myself and the kids so we can go and start afresh, while the children are young.

Any info or anyone with similar situations would be great to hear from you and see how hard it was to get in?!

Thanks for reading, and look forward to your replies.
BagManRich is offline  
Old Jan 19th 2014, 6:23 pm
  #2  
BE Enthusiast
 
Joined: Mar 2011
Location: Was Preston, Now Sydney :)
Posts: 399
Bikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond reputeBikergirl has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

Surely you would be looking at spouse visa if your wife holds an Aussie passport. And if she was born there your kids maybe eligible for Aussie passports too.
Bikergirl is offline  
Old Jan 19th 2014, 6:54 pm
  #3  
Lost in BE Cyberspace
 
Bermudashorts's Avatar
 
Joined: Feb 2009
Location: UK
Posts: 14,284
Bermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

As above. I would have thought your children are dual citizens and you would apply for a spouse visa, in which case your work doesn't come into it.
Bermudashorts is offline  
Old Jan 19th 2014, 8:39 pm
  #4  
Lost in BE Cyberspace
 
quoll's Avatar
 
Joined: Sep 2007
Location: Canberra
Posts: 8,378
quoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond reputequoll has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

Spouse visa would be the way to go I should think. But take a belt and braces approach - get UK citizenship for your wife before you leave - you never know when the holiday bliss might wear off and you want to return to UK (it's a whole lot trickier these days to take a non European spouse back on a visa!). Your kids are Aus citizens already.
quoll is offline  
Old Jan 20th 2014, 1:00 am
  #5  
Crazy Cat Lady
 
moneypenny20's Avatar
 
Joined: Apr 2004
Posts: 65,493
moneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond reputemoneypenny20 has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

I've moved this thread to the Immi Forum. The children have dual nationality unless your wife got Australian Citizenship by Descent in which case they would have to fulfil certain criteria but I'm not sure what that is any more so you'll have to check it out. You simply apply for a Spouse Visa which should be straightforward as you have children and have been together a fair while. Loads of Spouse Visa info on here. I assume you've checked out the official site as well which will tell you every thing you need to know and do.

Good luck.
moneypenny20 is offline  
Old Jan 20th 2014, 1:03 am
  #6  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

Hate to contradict everyone here, but the children are not Australian citizens unless and until they have been registered as Australian citizens by descent, or granted Australian citizenship.
JAJ is offline  
Old Jan 20th 2014, 1:17 am
  #7  
Lost in BE Cyberspace
 
Bermudashorts's Avatar
 
Joined: Feb 2009
Location: UK
Posts: 14,284
Bermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

I think what people mean are that the children are in all probability entitled to citizenship and OP should be looking into that, not visas for the children.
Bermudashorts is offline  
Old Jan 20th 2014, 1:12 pm
  #8  
Just Joined
Thread Starter
 
Joined: Jan 2014
Location: Cheshire for now, Geelong area soon, for the moment anyway!! lol
Posts: 28
BagManRich is an unknown quantity at this point
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

That's great to hear. Thanks o much for all of the information.

My wife was borna no raised in Australia, with Australian parents and is currently in the UK on a permanent visa in her passport. She has just never changed her passport over to UK, for this reason.

So basically, I will need to apply for a spouse visa, as well as getting the children registered as Australian Citizens. Sounds pretty straightforward to me. I'm now waiting for someone to say its isn't. Is it that simple??

So in terms of moving out to Aus, I am pretty much free to follow whatever job I want, once I have registered myself for tax, MediCare etc??

Thanks Again
BagManRich is offline  
Old Jan 20th 2014, 1:53 pm
  #9  
BE Forum Addict
 
Joined: Oct 2006
Location: Nowhere - I'm a travelling (wo)man!
Posts: 2,362
louie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

Originally Posted by BagManRich
So basically, I will need to apply for a spouse visa, as well as getting the children registered as Australian Citizens. Sounds pretty straightforward to me. I'm now waiting for someone to say its isn't. Is it that simple?
Reasonably simple (other than having to faff around with paperwork). Yes. Reasonably quick (for the spouse visa). No, not really. I believe London are taking 7-8 months to process spouse visas at the moment. There's a dedicated spouse visa thread on here somewhere, have a look at that.

As Quoll says, you really should look into whether your wife qualifies for UK citizenship and sort that out before you move if she does.

Originally Posted by BagManRich
So in terms of moving out to Aus, I am pretty much free to follow whatever job I want, once I have registered myself for tax, MediCare etc??
Absolutely.
louie is offline  
Old Jan 20th 2014, 2:33 pm
  #10  
Home and Happy
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Living In UK, Australian Wife with Australian Passport, 2 Kids & Hubby UK Passpor

Originally Posted by BagManRich
That's great to hear. Thanks o much for all of the information.

My wife was borna no raised in Australia, with Australian parents and is currently in the UK on a permanent visa in her passport. She has just never changed her passport over to UK, for this reason.

So basically, I will need to apply for a spouse visa, as well as getting the children registered as Australian Citizens. Sounds pretty straightforward to me. I'm now waiting for someone to say its isn't. Is it that simple??

So in terms of moving out to Aus, I am pretty much free to follow whatever job I want, once I have registered myself for tax, MediCare etc??

Thanks Again
See here for the details on applying for a Spouse Visa
http://www.immi.gov.au/Visas/Pages/309-100.aspx
Pollyana is offline  
Old Apr 19th 2014, 11:20 pm
  #11  
Just Joined
Thread Starter
 
Joined: Jan 2014
Location: Cheshire for now, Geelong area soon, for the moment anyway!! lol
Posts: 28
BagManRich is an unknown quantity at this point
Thumbs up Spouse/Partner Visa Query - Children Dual Nationality???

Hi there,

I hope your all good, and we are making the plunge and moving to Australia. This is where I hope all of your knowledge and experiences can hopefully help us out.

I am sure that this question has been covered somewhere else on another thread but I can't seem to be able to find anything, so I thought I'd ask!!!

I am working through the Visa Aplication as well as my wife working on the Sponsor Application Forms. I seem to have my head around most of the paperwork as well as supporting documents.

However, both of our kids are born in the UK, and holding British Passports. Now when I'm filling the forms out, do they have to apply as well on my Application Form, or not???

Also, bearing in mind options for them for the future, how does this whole Dual Nationality thing work?? Is this just something that they are entitled to being born between a UK Dad & Australian Mum. If possible it would be nice to leave the options open for the kids in terms of travel and their education and work prospects.

Thanks in advance for all your help

Cheers.
BagManRich is offline  
Old Apr 19th 2014, 11:28 pm
  #12  
Home and Happy
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Spouse/Partner Visa Query - Children Dual Nationality???

Originally Posted by BagManRich
Hi there,

I hope your all good, and we are making the plunge and moving to Australia. This is where I hope all of your knowledge and experiences can hopefully help us out.

I am sure that this question has been covered somewhere else on another thread but I can't seem to be able to find anything, so I thought I'd ask!!!

I am working through the Visa Aplication as well as my wife working on the Sponsor Application Forms. I seem to have my head around most of the paperwork as well as supporting documents.

However, both of our kids are born in the UK, and holding British Passports. Now when I'm filling the forms out, do they have to apply as well on my Application Form, or not???

Also, bearing in mind options for them for the future, how does this whole Dual Nationality thing work?? Is this just something that they are entitled to being born between a UK Dad & Australian Mum. If possible it would be nice to leave the options open for the kids in terms of travel and their education and work prospects.

Thanks in advance for all your help

Cheers.
Are they Australian as well as British? That depends on several things like when they were born. If they are Aussie as well as Brtish then they need Aussie passports, not visas - cheaper in the long run!
Tell us a bit more about when they were born, and whether your wife was brn in Aus - basically how did she get her own citizenship. Several posters on here will then be able to tell you whether they are already Aussie or not.

If they turn out to be Australian, get them passports and then yes, they can travel freely back and forth, work in either country when they are older etc. Otherwise they will be included on your visa, and eventually in about 4-5 years you can all become Aussie citizens

www.citizenship.gov.au
Pollyana is offline  
Old Apr 19th 2014, 11:31 pm
  #13  
Home and Happy
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Spouse/Partner Visa Query - Children Dual Nationality???

Just found your previous thread so I have now merged them - looks like the kids are Australian, so get them registered and get passports for them, don't include them as needing visas

Spouse Visas in the UK are currently taking 8 1/2 months to process
Pollyana is offline  
Old Apr 19th 2014, 11:33 pm
  #14  
Just Joined
Thread Starter
 
Joined: Jan 2014
Location: Cheshire for now, Geelong area soon, for the moment anyway!! lol
Posts: 28
BagManRich is an unknown quantity at this point
Default Re: Spouse/Partner Visa Query - Children Dual Nationality???

Wow, thanks for the quick reply. Basically the situation is as follows;

- The two kids, 5 & 2 years old were born in the UK, and gold British Passports.
- My wife was born and raised in Australia, by Australian parents, with all her family living there still
- I'm British born and bred.
- My wife is still on an Australian Passport with Residency Visa.

If you need more info, I will answer anything to make it easier to help me out.

Thanks again, really appreciate it.
BagManRich is offline  
Old Apr 19th 2014, 11:35 pm
  #15  
Just Joined
Thread Starter
 
Joined: Jan 2014
Location: Cheshire for now, Geelong area soon, for the moment anyway!! lol
Posts: 28
BagManRich is an unknown quantity at this point
Default Re: Spouse/Partner Visa Query - Children Dual Nationality???

Hi Pollyanna,

Thanks again for this. So do you mean to get them Australian Passports or UK Passports?? (Already on UK passports)

How does Dual nationality work with regards to passports???

Thanks again.
BagManRich is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.