tammikat

Hello Everyone

I'm new to this forum and I was really hoping someone could help
me please...
Firstly I was born in the UK but was brought to Australia nineteen
years ago, I am now an Australian Citizen but want to return to the UK to live, I seem to have gone around in circles and I dont know what I am i.e dual citizenship and whether i can go back to live, I also have four children that were all born here in Oz and of course i need to know whether they can also live in Britain? Argh help!
Also I would be going over there as a single mother would i be eligble for help until i can get a job? because of the length of time away from the uk it doesnt seem hopeful, I do have a lot of family over there and know that they would sponser me etc..
If anyone can help me i would really appreciate it
Thanks

DarrenD

As usual, the answer is 'it depends'.

Assuming you have a british birth certificate, and both parents are british, you will still have british nationality, and can just apply for a UK passport in addition to your Aus one.

If you have one parent british and one Aus, the rules are more complex, and if both parents are australian, then it is most likely you wont have british nationality.

Unemployment benefit in the UK is either
a) Contributions based - based on national insurance contributions made - in your case, none made so you wouldnt be eligible.

b) Income based - if you have savings of < GBP8000. There are rules, but I believe you should qualify if you are a british citizen. However, it is likely you would have savings in order to emigrate Aus, so be careful you arent excluded on this basis. As others have mentioned, without a history in the UK, you may have to put down a number of months deposit to rent a place - v. expensive.

There are a number of low paid shop jobs available in the UK. The problem is the cost of living is so high the salary doesnt cover the bills.

Govt help is available, but (no offence) dont see it as a solution if you are having problems in Aus. My experience is that changing location rarely resolves these problems.

There are return to work allowances, and assistance with childcard payments. try http://www.dwp.gov.uk or similar to get more info on the exact nature.

iaink

Yes, you are a british citizen, and that automatically makes your kids Brits too by decendance. May have to provide a bunch of paperwork to get passports if you need them. Should all be allowed to live in britain on the basis that you are British, but I dont think benefits will be available until certain residency requirements are met, could be wrong though. Dont know what the details of that are off the top of my head. Hoopefully others will fill chip in.

Relationship with father of kids could be complicated by visitation rights etc if there is anything like that laid out by a court order.

Good Luck

Iain

janeyray

I was born in OZ by British parents and have British and Australian Nationality. I don't think it matters if her parents were Aussie or British as long as tammikat wwas born in the UK then she can gain both nationalities. The same would apply to her children. My daughter has Aussie nationality through decent because I was born there.

As tammikat was born in the UK her children will automatically gain citizenship by decent.

mickj

Remember you have not paid anything into the coffers in the UK, so that can be a problem in terms of benefits and stuff, as national insurance usually determines the kind of benefits you are entitled to.

You are basically in the same boat as other Europeans coming into the UK right now. Reagrding your kids, you might want to checkout the link below for more info:

http://ind.homeoffice.gov.uk/default.asp?PageId=138.

honeymommy

I am returning after 6 yrs which is less than you but here is a link to a thread here that has another link to some info about the swaddling decision.... have a read...

http://britishexpats.com/forum/showt...hreadid=219345

Also this one on child benefit.

http://britishexpats.com/forum/showt...=child+benefit

try searching this site for info.... there is a lot of advice and experiences......

Good luck,


Oh and you ARE a british citizen.........

tammikat

Thank you everyone for your help, advice and links all of which has proven very helpful to me. No offence taken DarrenD your quite right running doesnt solve anything but no problems as such just have a very good and loving family over there whom i wish my children to grow up around. The dad wouldnt be a problem either as he is heading there himself for work.
Both my parents are British and I was born in the UK, I did have an English Passport but it expired, I now have an Australian one but my children dont have one at all.

Again thank you so much, you have been wonderful
Tammikat

JAJ

Darren - In general, anyone born in the UK before 1983 is British. It doesn't matter what the parents were doing there, unless they were diplomats.

From 1 January 1983 the rules changed. People born in the UK on or after that date required at least one parent to be a British citizen or a permanent resident of the UK.

Many people think that people born in the UK now need a British parent to be British themselves. Not so - for example, in a case which I know of, an Irish father and Australian mother (with UK resident status) have had children born in the UK - neither parent is British as they have not naturalised, but the children are full British citizens.

Tammikat - you are a dual citizen.

Your Australia born children are British citizens by descent (which means that they are not necessarily able to pass on their citizenship to non-UK born children).
http://www.ind.homeoffice.gov.uk/default.asp?PageId=148
(section 7 is the important one for your children).

If you want to live in the UK, just apply for British passports for yourself and for your children at the British High Commission in Canberra. Visit http://www.uk.emb.gov.au which will have information.

However - as someone else has posted, you need to be very sure that you have the right under Australian law to remove your children to the UK. If not, and you go there, as far as I know the father may have the right to demand through the UK courts that they be returned to Australia. Talk to a family-law solicitor in your state of residence to find out what the legal situation exactly is.

You say their father is going there for work, although it's not clear what visa status he will have there. Just be sure that if his work/visa situation doesn't work out the way he expects, he won't have the right to demand the children return to Australia at the same time.

Jeremy

DarrenD

Exactly my point. Without knowing dates of birth or nationalities, it would depend.

My understanding is that simply being born in the UK does not confer british nationality any more than being born in australia confers australian nationality.

They wouldnt make it that easy would they ;-)

JAJ

Darren
With respect to you, you did post:

"... if both parents are australian, then it is most likely you wont have british nationality ..."

That's simply not true if someone was born in the UK prior to 1983.

And even if born after 1983, it's quite common for Australian parents living in to have acquired UK permanent residence, so I wouldn't use the term 'most likely you won't have British nationality' even then.

If one looks at the details provided, the original poster was born in the UK, was brought to Australia around 1985, and now has four children. I guess it's technically possible she was born in 1983 or later, but I'd think that unlikely in the circumstances. In any case she later posted she has British parents and has had a British passport in the past.

As to whether 'they wouldn't make it that simple' - it used to be that simple before 1983 in Britain, and before 20 August 1986 in Australia. The rules on automatic citizenship by birth were changed to prevent people coming as tourists or short term visitors specifically to have children born in the country to gain citizenship.

Not many western countries still give automatic citizenship by birth in the country. Canada and the US still do. As do Ireland and New Zealand, although both of these countries are planning to change their law by the end of this year.

Jeremy

DarrenD

apologies. i stand corrected

glm36

Don't worry about it, just come over and claim Asylum like most people do when they arrive to the UK

As for not paying into the taxman's coffers, don't worry about that either it doesn't seem to matter, anyone can use the NHS, use legal aid to sue the government(scumbag, parasitic legal aid lawyers)

Also in your favour is the fact that your a single mother, you normally go straight to the front of the queue for coucil housing et al!!

Me vindictive

tammikat

Thanks JAJ

It seems I really have alot more homework to do, the father has to commit to two years at his job as he is coming from so far, but still i definitely need to seek legal advice and i will look into it a.s.a.p

thanks again!
Tammikat