Pollyana

Its not an issue. Its not like Aus will revoke her 457 just because she becomes a British citizen. It could be more of an issue for the Home Office - BUT as JAJ says if a spouse des not have to promise to settle in the UK after naturalisation, then it doesn't matter.
I can fully see why they want her to have a British passport rather than just another EU country one, especially as they will only be here on a 457. not as PR.

Gozit

Exactly what I was thinking... +1

mirror

Ok looks like all systems go. I'll come back to this thread with hopefully positive results.

JAJ

Note that eligibility for naturalisation under section 6(2) of the British Nationality Act, spouses of British citizens, requires a legal marriage to a British citizen on the date of the application. Civil partnership counts, but a de-facto relationship does not.

Gozit

Well from what he said, it seems like they are fully married, so

JAJ

Post #1 used the term "defacto" so probably not.

mirror

Correct. We have worked hard in our stay in UK and have both decided to earn our entitlements to UK citizenship individually. Except she couldn't come to Oz without my sponsorship and wishes to join me, but still wishes to become British ;-)

Gozit

Ahh... Noted. Will the UK authorities revoke his partners nationality, if upon acquiring it she immediately migrates to Aus?

JAJ

So, if you choose not to get married, then there are some additional requirements she has to meet for naturalisation as a British citizen. Firstly, she needs to have held Permanent Resident status for a year (as opposed to just having it on date of application).

They will look for 5 years total presence in the U.K., not just 3.
And you should make yourself familiar with the requirement that a naturalisation applicant should normally intend to live in the U.K. after naturalisation.

Gozit

But what are the chances of them actually revoking her citizenship if she goes to Oz? Would they take into consideration 457 is a temporary visa and they will likely have to go back to UK after?

JAJ

That would be highly unusual. However, it means in effect that one would normally have to a. declare an intention to to remain resident in the United Kingdom after naturalisation, and b. remain so resident up to and including the point of becoming a British citizen, and c. not have any indications on file that the contrary intention might be the case (which could lead them to deny the application).

Spouses of British citizens can sometimes arrange their citizenship ceremonies in a British consulate. This is unusual for those who are not married to British citizens unless they fall into one of the few additional exceptions for naturalisation applicants.

Also note that the declaration to the Home Office of intending to remain resident in the United Kingdom may be indicative of acquiring a U.K. domicile, which can impact future tax status.

More detail on the future intentions requirement is explained in Annex F to Chapter 18 of the Home Office Nationality Instructions.
https://www.gov.uk/government/public...y-instructions

mirror

Dear All

I wish to report that we encountered absolutely no troubles along the way.
She obtained her UK naturalisation, her UK passport, joined me in Western Australia with her EU passport, now enjoying life as a 457 dependent; expiry is in March 2018.

We are now applying for our 189 via a migration agent... I'd hoped to DIY but the defacto partner evidence is such a grey area that I'd prefer hiring a professional.

Thank you all !