Go Back  British Expats > Living & Moving Abroad > Moving back or to the UK
Reload this Page >

Returning with Kids, Visa or Passport??

Returning with Kids, Visa or Passport??

Old Jul 30th 2007, 6:28 am
  #1  
Forum Regular
Thread Starter
 
donsp10's Avatar
 
Joined: Feb 2004
Location: Melbourne - London - Melbourne and now London
Posts: 39
donsp10 is on a distinguished road
Question Returning with Kids, Visa or Passport??

Can someone please help. I have read, re-read and printed and re-read the uk and oz visa and passport application site info and am now totally confused....

I am Australian, my Unmarried partner is British. He came here in 2004 on defacto spouse visa, now he is a permanent resident.
We have a 14 month old child and another on the way. We are wanting to return to Uk in March 08, and i have all the info on my visa, but i am not sure if my child needs to get a UK passport (she has an oz passport already) or if i have to apply for the right of abode?????

I have read on the UK passport application that the parents need to be married since she was born. We plan on getting married, but not for a few years yet.

If anyone has any info would appreciate it.
donsp10 is offline  
Old Jul 30th 2007, 12:20 pm
  #2  
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: Returning with Kids, Visa or Passport??

Originally Posted by donsp10
I am Australian, my Unmarried partner is British. He came here in 2004 on defacto spouse visa, now he is a permanent resident.
We have a 14 month old child and another on the way. We are wanting to return to Uk in March 08, and i have all the info on my visa, but i am not sure if my child needs to get a UK passport (she has an oz passport already) or if i have to apply for the right of abode?????
Your child needs to be registered as a British citizen in order to have a British passport.
http://bhc.britaus.net/passports/pas...ult.asp?id=376

Processing time is about 2 months. Once your child has a Certificate of Registration then you can apply for a British passport.

This process must be done before child is 18.

If you don't register the child as British now, you will need a child settlement visa in her Australian passport to bring her to the UK.

Child #2 will automatically be British because the rules in this respect changed on 1 July 2006.

All this assumes your partner was born in the UK.

Does he plan to get his Australian citizenship before leaving?
JAJ is offline  
Old Jul 31st 2007, 12:40 am
  #3  
Forum Regular
Thread Starter
 
donsp10's Avatar
 
Joined: Feb 2004
Location: Melbourne - London - Melbourne and now London
Posts: 39
donsp10 is on a distinguished road
Default Re: Returning with Kids, Visa or Passport??

Thanks for the info........

He is British, here on uk passport. He was granted his permanent residence visa in feb 06. My understanding was he had to live in Oz 5 years before he can become an Aus citizen and he came her in 04.

The plan is to spend 3-4 years with his family in Uk before coming back here as I want to raise the kids in Aus and school them here......but thats a plan that could change.......
donsp10 is offline  
Old Jul 31st 2007, 2:30 am
  #4  
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: Returning with Kids, Visa or Passport??

Originally Posted by donsp10
He is British, here on uk passport.
Where was he born? That has a bearing on whether your children are eligible for British citizenship or not.

He was granted his permanent residence visa in feb 06. My understanding was he had to live in Oz 5 years before he can become an Aus citizen and he came her in 04.
You are incorrect. As he received his PR in Feb 06, he is eligible for Australian citizenship 2 years later on, ie around Feb 08 (plus any time outside Australia on vacations).

If you leave for a while and then return then he will face the new 4 year wait for citizenship (plus risk losing his PR).

Why not stay a little longer, sort out his Australian citizenship, and then go to the UK?

You can get your children British passports in the meantime - if you do it now, then no hurry later on.
JAJ is offline  
Old Jul 31st 2007, 5:05 am
  #5  
Forum Regular
Thread Starter
 
donsp10's Avatar
 
Joined: Feb 2004
Location: Melbourne - London - Melbourne and now London
Posts: 39
donsp10 is on a distinguished road
Default Re: Returning with Kids, Visa or Passport??

Thanks, I never looked into his citizenship. He would love to get it anyway, so a couple more months to plan in oz would be fine......

I really appreciate you advice, have downloaded the form to register bubs as a british citizen and should have that sent off this week...

Thanks again

donsp10 is offline  
Old Jul 31st 2007, 5:10 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: Returning with Kids, Visa or Passport??

Originally Posted by donsp10
Thanks, I never looked into his citizenship. He would love to get it anyway, so a couple more months to plan in oz would be fine......
http://www.citizenship.gov.au has all the information he needs on becoming an Australian citizen. It's best if he only starts thinking about leaving after he has become an Australian citizen, not before.

As for your child, let us know how you get on. You shouldn't have any problems.

And for yourself - if you later on do go to the UK, you can become naturalised British after 3 years in Britain. If you do end up going to the UK, it's best to plan for yourself to have dual citizenship too.
JAJ is offline  
Old Jul 31st 2007, 5:33 am
  #7  
Forum Regular
Thread Starter
 
donsp10's Avatar
 
Joined: Feb 2004
Location: Melbourne - London - Melbourne and now London
Posts: 39
donsp10 is on a distinguished road
Default Re: Returning with Kids, Visa or Passport??

"If you do end up going to the UK, it's best to plan for yourself to have dual citizenship too."

So I am applying for the unmarried partner of someone settled or going to settle in the uk. It is similar to my OH defacto spouse here in that I get leave to remain for 2 years in the uk then I can apply for settlement. Just out of interest, can I get dual citizenship after another 2 years on that visa or is there a different one I should be applying for?? I read all the different visa's and this one seemed to be best suited to our situation.......
donsp10 is offline  
Old Jul 31st 2007, 5:51 am
  #8  
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: Returning with Kids, Visa or Passport??

Originally Posted by donsp10
"If you do end up going to the UK, it's best to plan for yourself to have dual citizenship too."

So I am applying for the unmarried partner of someone settled or going to settle in the uk. It is similar to my OH defacto spouse here in that I get leave to remain for 2 years in the uk then I can apply for settlement. Just out of interest, can I get dual citizenship after another 2 years on that visa or is there a different one I should be applying for?? I read all the different visa's and this one seemed to be best suited to our situation.......
That's the right visa. At the 2 year mark in the UK you would apply for Indefinite Leave to Remain (permanent residence).

Next step would depend on whether you had decided to get legally married or not.

If yes, you would be able to apply for naturalisation as a British citizen at the 3 year mark. (ie, one extra year).

But if you decide not to get legally married, then you would have to clock up 5 years residence in the UK in order to be naturalised. At least under the current rules.
JAJ is offline  
Old Jul 31st 2007, 5:58 am
  #9  
Forum Regular
Thread Starter
 
donsp10's Avatar
 
Joined: Feb 2004
Location: Melbourne - London - Melbourne and now London
Posts: 39
donsp10 is on a distinguished road
Default Re: Returning with Kids, Visa or Passport??

Hmmmm, thats definately food for thought. We were probably going to get married over there, as my family want to come over for holidays and was a good idea......

Thanks you so much, feel like i have some direction now thanks to your advice.....

Cheers...
donsp10 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


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.