brissybee

My OH and I are considering spending time in the UK and wonder if there will be any restrictions on his ability to work there. I am British born with a British passport but my hubby is Australian born with only an Australian passport. My understanding is that, given we have been married more than four years, he will be allowed to stay in the UK with me, and work, for as long as we want, on a spouse visa. Can someone please tell me if this is correct? Also, will it make a difference to employment permits whether we are there temporarily or permanently? I have been away from the UK for many years, but assume I won't have any residency/work restrictions due to my UK birth/passport. All advice welcome to ensure we take the right steps and can really start to plan.

roaringmouse

As long as he passes the Life in the UK Test before applying - the test can only be taken in the UK.

So you would have 2 options:

1. Apply and get 27 month visa, once in UK he takes test and applies for ILR (permanent residency). This would mean a 2nd visa application fee.
2. He visits the UK as a tourist, takes the test (passed) and returns. Apply for visa, and hopefully get ILE granted.

john5655

yes it will, because a settlement visa is only available to the spouse of a UK citizen if that UK citizen is planning to relocate to the UK permanently, and you will have to prove this in your application.

Otherwise, if your spouse is granted a settlement visa, he/she will be able to work.

No problems for you to work, of course.

brissybee

Thanks, both, for responding. Does this mean an Aussie spouse can't work in the UK unless the move there is permanent? Initially, we had hoped to test day to day life before making a firm decision about moving to the UK.

pennylessinindia

You can not work if you are just visiting

roaringmouse

The Australian spouse can apply for a visa based on marriage to a British citizen. It is a settlement visa, so the idea is that the applicant is settling, rather than visiting for a while.

However, it is interesting to note that requirement 3 for a citizenship application does not apply to spouses of British citizens (this requirement is an intention to continue to live in the UK).

Don't worry about that - if you're considering possibly settling there and are going to be living and working in the UK, then go ahead. Getting the visa and living there doesn't commit you to being there forever!!

From experiences I've read, plenty of people have applied for UK spouse visas multiple times after spending times living in the UK, and times living elsewhere.

JAJ

After 3 years he can become a British citizen, then he's free to move in and out as he likes. Incidentally, have you got your Australian citizenship?

brissybee

Yes, I have Aust. citizenship and an Aust. born child who, like me, has UK and Aus passports. If my husband obtains British citizenship after 3 years, would he also be entitled to a UK passport? That would be wonderful.

john5655

yes, once naturalised as a UK citizen he'll qualify for a UK passport