What to do?
 

I am Australian born and my husband English. We met in 95 in London, married in 97 in Australia and moved back here to OZ in 98. For the past 9 years we have had a happy and settled life (I thought). We have beauitful twin girls (4) a home here on the Sunshine Coast and my OH has been in the same job for the past 9 years. So you might think what is the problem. Well for starters I will till the day I die feel bad about taking my OH from his home/family and moving him halfway across the globe. Even though he says he is happy here I know he would love to go home. We have been back twice in the past 9 years for a holiday and each time have talked about moving back. Now it is in my mind again. I spent 4 years in the UK and was very happy there, loved my job and still regret leaving it. But always said that I never wanted to raise kids in London. Life here is great for kids. They are outside all day and love to swim and go to the beach. But I know that life for them would be great in the UK as well. There is so much history for them to see and learn. Holidays to different countries are affordable and close. For me it would be very hard to leave my family here again but I know that it would be more affordable to see them flying from the UK than from here. Is there anyone out there in this same situation? The other problem may be that my OH is over 50 and finding work is a major concern for us. For me I am not to concerned. Any advice would be very much appreciated
Kelly

Re: What to do?
 

You say that OH is happy where he is but would really like to move back to the UK. Is that what he's told you or are you doing the "Woman knows best" thingy?

Would you be able to work easily back in the UK? If so, why not just suggest going back for a two year stint to see how it goes? Rent your home here, don't move to London, live in a smaller town where your kids will be safer and just see how it goes? If it works out you can stay, if it doesn't you've still got your home here.

Re: What to do?
 

Does your OH have his Australian citizenship? If not, it's important to obtain that before you even start thinking of any other options.

As for you, did you have UK permanent resident status when you were there?

Re: What to do?
 

Thanks for your comments. Yes my OH does have his permanent residency. I guess I would have to confess that it is was me who first said hey lets move back. As I said he is happy here, and I just asked him last night about going back and yes he would like to do that as well, but it is just the job situation. We would not sell our house here, we have already said that, and I originally went over on an ancestry visa which I am able to renew. I guess I just wanted to hear from anyone who like me is married to someone from another country and how you decided to live where you live. I know I can live in the UK. I loved it over there and miss it all the time, but for me the hardest thing would be leaving my mum.!!!!!!!!Any comments would be appreciated.
Thanks

Re: What to do?
 

You need to be very clear about things like this. Is he an Australian citizen or just a permanent resident?

There's a very big difference.


Once again. Did you obtain Indefinite Leave to Remain or not? Your options will depend on the answer.

Re: What to do?
 

My OH just has permanent residency not citizenship. As for myself, with the UK ancestry visa, I was able to apply for permanent residency after 4 years but returned to OZ just before this time. Does anyone know what my options are? Thanks in advance
Kelly

Re: What to do?
 

In that case he would be strongly recommended to become an Australian citizen before he leaves Australia. He will risk losing his permanent residence status if he does not.

http://www.citizenship.gov.au has the details.

Your only option is a spouse visa. http://www.ukvisas.gov.uk

- you'll get a temporary spouse visa for 2 years
- after the 2 years living in the UK, you can get permanent residence
- after 3 years in total, you can become a naturalised British citizen (assuming your husband is a British citizen, otherwise it will take longer).

Your children should have British passports.

Re: What to do?
 

Thanks JAJ for your help. I just said to my OH last night that he should get his citizenship and he has agreed to do so even though he knows he will have to stand there like a silly prat holding his hand up..........lol. I looked up on the British High commission site about my girls and found that they are able to get a british passport. Thanks again for your info about myself and my options.
Kelly

Re: What to do?
 

I'd second that...:thumbsup:


rgds



john

Re: What to do?
 

Why doesn't ellabon have the option of renewing her ancestry visa? As I understand it, these visas are renewable ad nauseum, whether or not you remain in the UK long enough to be granted indefinite leave to remain.

Look forward to finding out why...I'm considering renewing an ancestry visa myself!

Thanks

Geoff.

Re: What to do?
 

Hey Geoff,
Yes I can renew my ancestry visa, but I think it will take me longer to be able to get citizenship. If I apply for a spouse visa I will only have to wait 3 years and I am sure I read on the British High Comission site that it will take 5 years on the ancestry. Go to the site to double check though.
Hope this helps you
Kelly

Re: What to do?
 

In order to naturalise as the spouse of a British citizen (3 year residence rule) then it doesn't matter how you obtain permanent residence. But you do need to have permanent resident status (Indefinite Leave to Remain, normally).

Here's the rub - on an ancestry visa, you won't get permanent residence until 5 years working in the UK. So you would not be able to apply for naturalisation until 5 years had passed if you go back on an ancestry visa.

While on a spouse visa, you get permanent residence after 2 years and so can go for naturalisation a year later.

There is a loophole in the naturalisation rules that allows spouses of British citizens to bypass the requirement to have permanent residence (provided they have 3 years legal UK residence) but this could of course be closed in the next 3 years.

Re: What to do?
 

You can apply for an ancestry visa for a second time (as far as I know, and I can't see anything on the UKVisa site, for example, to contradict that). It makes more sense to apply for a spouse visa if that is an option, but if it's not then there is the option to apply for another ancestry clearance. I am sure that someone will correct me if I'm wrong... (Conversely, working holiday visas can be applied for only once.)