Sarahelle Posted November 16, 2013 Share Posted November 16, 2013 Hey all, It's been a while since I posted here but I've been pondering on one day returning to the UK to live and was looking into how easy it would be. I've been a bit out of touch with goings on there so I was kind of freaked out to discover that UK Immigration have made it now nearly impossible for people with Australian (or any other nationality) partners, to return to live. I believe I would have to have either secured a job earning 18-19K or else have savings of 65K. Both of which are impossible for me as I've just had a baby, and as for the savings, forget it! My fiance doesn't have any relations of UK ancestry either. Is any one else rather alarmed by this? My dreams of one day returning to the UK to live have been shattered and I hate to say it, but I now feel trapped in Australia. Don't get me wrong, I like living here but now I feel I can never go home. Your opinions on this would be welcomed. Sarah xx Link to comment Share on other sites More sharing options...
dxboz Posted November 16, 2013 Share Posted November 16, 2013 Are you a UK citizen? Link to comment Share on other sites More sharing options...
Sarahelle Posted November 16, 2013 Author Share Posted November 16, 2013 Yes, as English as you can get Link to comment Share on other sites More sharing options...
dxboz Posted November 16, 2013 Share Posted November 16, 2013 If you are UK citizen you can come and go as you please. I am a bit bewildered as to what you have found out that says otherwise Link to comment Share on other sites More sharing options...
Guest Posted November 16, 2013 Share Posted November 16, 2013 Hey all, It's been a while since I posted here but I've been pondering on one day returning to the UK to live and was looking into how easy it would be. I've been a bit out of touch with goings on there so I was kind of freaked out to discover that UK Immigration have made it now nearly impossible for people with Australian (or any other nationality) to return to live. I believe I would have to have either secured a job earning 18-19K or else have savings of 65K. Both of which are impossible for me as I've just had a baby, and as for the savings, forget it! My fiance doesn't have any relations of UK ancestry either. Is any one else rather alarmed by this? My dreams of one day returning to the UK to live have been shattered and I hate to say it, but I now feel trapped in Australia. Don't get me wrong, I like living here but now I feel I can never go home. Your opinions on this would be welcomed. Sarah xx We in the same boat as you my hubby is English desperate to return to England after 30 years living in Australia. Sadly we thought it would be easy for me to get a visa to live there however we have found out everything you have said is correct. I too like your fiance don't have any U.K. ancestry. So we are madly trying work our way to getting there. He too like you feels trapped here. I feel so bad for him at the moment that is seems it's me that's holding him here i know i shouldn't but i do. Seems a rather shabby way to treat citizens of the commonwealth to me but hey it was it is. Good luck with your quest to return. xx Link to comment Share on other sites More sharing options...
Guest Posted November 16, 2013 Share Posted November 16, 2013 If you are UK citizen you can come and go as you please. I am a bit bewildered as to what you have found out that says otherwise Yes she can but her fiance can't as he's Australian and as they have just had a child she won't go without her fiance. Link to comment Share on other sites More sharing options...
Sarahelle Posted November 16, 2013 Author Share Posted November 16, 2013 I can, but I can't bring my Australian fiancee with me to live without having had a job earning 18,600 or possibly 22k for at least 6 months. Link to comment Share on other sites More sharing options...
Rupert Posted November 16, 2013 Share Posted November 16, 2013 You have said you dream of returning one day ... so obviously no immediate rush. In this case do you not think you will ever save up a little nest egg for yourselves by then? They won't take it off you, it is not a visa fee, it is just some backing. And I am not commenting on whether I agree with the policy or otherwise, just trying to be practical given that there is this policy.. Link to comment Share on other sites More sharing options...
Sarahelle Posted November 17, 2013 Author Share Posted November 17, 2013 Thanks guys. Yes, I guess we'll have to start saving. The real irony of it is that my partner's ex-wife was English, he lived in the UK for 8 years and had indefinite leave to remain but because we haven't been able to make it back to the UK since March 2011, it has since expired as you have to return every 2 years for it to be valid! I'm so kicking myself that we let it lapse! Like you guys Chicken66, it just never occurred to me that it would be any more difficult than getting a spouse visa! All I can hope is that so many people complain about it they change the rules again. I really never saw myself living my entire life here and since the baby arrived, I seem to get more and more homesick every day. I will be getting our daughter dual citizenship for sure. I can understand why they have done it, but they could at least be a little more lenient to couples who have been together for a number of years and have children. Same to you, good luck with everything, I feel so bad for you guys. Let's hope something comes along xx Link to comment Share on other sites More sharing options...
nic1171 Posted November 17, 2013 Share Posted November 17, 2013 Is it the same if you were married? Link to comment Share on other sites More sharing options...
Sarahelle Posted November 17, 2013 Author Share Posted November 17, 2013 Yes I think so. UK Immigration has clamped down in case of Marriage of Convenience. Link to comment Share on other sites More sharing options...
Guest Posted November 17, 2013 Share Posted November 17, 2013 Is it the same if you were married? Yes it is exactly the same. Doesn't matter. You also need more money savings?earnings if you have children. Link to comment Share on other sites More sharing options...
nic1171 Posted November 17, 2013 Share Posted November 17, 2013 That's harsh! Good luck folks Link to comment Share on other sites More sharing options...
Loopylu Posted November 18, 2013 Share Posted November 18, 2013 Hey all, It's been a while since I posted here but I've been pondering on one day returning to the UK to live and was looking into how easy it would be. I've been a bit out of touch with goings on there so I was kind of freaked out to discover that UK Immigration have made it now nearly impossible for people with Australian (or any other nationality) partners, to return to live. I believe I would have to have either secured a job earning 18-19K or else have savings of 65K. Both of which are impossible for me as I've just had a baby, and as for the savings, forget it! My fiance doesn't have any relations of UK ancestry either. Is any one else rather alarmed by this? My dreams of one day returning to the UK to live have been shattered and I hate to say it, but I now feel trapped in Australia. Don't get me wrong, I like living here but now I feel I can never go home. Your opinions on this would be welcomed. Sarah xx Hi Sarah There is a way of getting your partner to the UK. Read this BBC article which explains a loophole in the UK law which means that you don't have to meet the minimum income/saving threshold if you first work for 3 months in another EU country. http://www.bbc.co.uk/news/uk-23029195 Fortunately, for us, my Aussie husband took UK citizenship when we lived there so we don't have the same problem as you. I am now eligible to apply for Australian citizenship which I intend to do soon so that our family (we have 3 kids) all have the same residency rights. I have no burning desire to be Australian but would like to be able to choose to live where my kids have the right to live! I think it is an abuse of human rights to not let a citizen bring their husband or wife to live in the same country. Hopefully someone will take the law to the European Court of Human Rights some day soon. All the best! Lucy Link to comment Share on other sites More sharing options...
Chortlepuss Posted November 18, 2013 Share Posted November 18, 2013 Hi Sarah There is a way of getting your partner to the UK. Read this BBC article which explains a loophole in the UK law which means that you don't have to meet the minimum income/saving threshold if you first work for 3 months in another EU country. http://www.bbc.co.uk/news/uk-23029195 Fortunately, for us, my Aussie husband took UK citizenship when we lived there so we don't have the same problem as you. I am now eligible to apply for Australian citizenship which I intend to do soon so that our family (we have 3 kids) all have the same residency rights. I have no burning desire to be Australian but would like to be able to choose to live where my kids have the right to live! I think it is an abuse of human rights to not let a citizen bring their husband or wife to live in the same country. Hopefully someone will take the law to the European Court of Human Rights some day soon. All the best! Lucy Could this be used to get round the requirements for 3 years residency prior to application to a UK university as a domestic student? Link to comment Share on other sites More sharing options...
Loopylu Posted November 18, 2013 Share Posted November 18, 2013 Could this be used to get round the requirements for 3 years residency prior to application to a UK university as a domestic student? Somehow I doubt it. You would have to trawl through the relevant UK and Euro legislation on home students to see if there is a similar loophole. I'm not even sure where the 3 year rule is enacted in statute but I guess it must be somewhere. Link to comment Share on other sites More sharing options...
Diane Posted November 19, 2013 Share Posted November 19, 2013 Also does a European student count as a "domestic" student in a UK University? I would think not, which would mean this particular route wouldn't work, being based on the fact of someone being a European citizen and Britain being part of Europe, so having a right to live in any part of Europe. As even the rules between English and Scottish universities differ, I would think being a European citizen wouldn't mean you are allowed to be counted as a 'local' in terms of whether you are a domestic or overseas student in England. Just guessing though.. Link to comment Share on other sites More sharing options...
fourcorners Posted November 20, 2013 Share Posted November 20, 2013 Hi Sarah There is a way of getting your partner to the UK. Read this BBC article which explains a loophole in the UK law which means that you don't have to meet the minimum income/saving threshold if you first work for 3 months in another EU country. http://www.bbc.co.uk/news/uk-23029195 Fortunately, for us, my Aussie husband took UK citizenship when we lived there so we don't have the same problem as you. I am now eligible to apply for Australian citizenship which I intend to do soon so that our family (we have 3 kids) all have the same residency rights. I have no burning desire to be Australian but would like to be able to choose to live where my kids have the right to live! I think it is an abuse of human rights to not let a citizen bring their husband or wife to live in the same country. Hopefully someone will take the law to the European Court of Human Rights some day soon. All the best! Lucy I was going to mention this too! I remember reading about it when my English friend and his Armenian wife were thinking of going back there to live. He has since got a job in Kazakhstan so he won't have to worry about it for a while (but one day he will...). Fancy a stint in the south of france? Link to comment Share on other sites More sharing options...
Guest Posted November 20, 2013 Share Posted November 20, 2013 I was going to mention this too! I remember reading about it when my English friend and his Armenian wife were thinking of going back there to live. He has since got a job in Kazakhstan so he won't have to worry about it for a while (but one day he will...). Fancy a stint in the south of france? Wouldn't there still be an issue getting a visa to work in Europe?? How easy would that be to get?? Link to comment Share on other sites More sharing options...
Guest Posted November 20, 2013 Share Posted November 20, 2013 Re the indefinite leave to remain lapsing, it may be worth exploring getting an extension http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/ If it can be gained, I'd make use of it. Link to comment Share on other sites More sharing options...
Guest Posted November 20, 2013 Share Posted November 20, 2013 There is a legal challenge gone through the courts and chances are some changes are going to be made but as to when and how much, who knows. It could be the amount is brought down or that the financial aspect won't be a deal breaker. Link to comment Share on other sites More sharing options...
Guest guest41161 Posted November 20, 2013 Share Posted November 20, 2013 Wouldn't there still be an issue getting a visa to work in Europe?? How easy would that be to get?? No, as an EU passport holder you are entitled to live and work anywhere in the EU, and take your partner with you. The legislation which makes a mockery of this is about returning to your home country, then a spouse visa is required. It's mental that you can go live anywhere in Europe with your partner, apart from your home country. Link to comment Share on other sites More sharing options...
Mark 1234 Posted November 20, 2013 Share Posted November 20, 2013 No, as an EU passport holder you are entitled to live and work anywhere in the EU, and take your partner with you. The legislation which makes a mockery of this is about returning to your home country, then a spouse visa is required. It's mental that you can go live anywhere in Europe with your partner, apart from your home country. Except Croatia. Link to comment Share on other sites More sharing options...
jacktar Posted November 20, 2013 Share Posted November 20, 2013 The Tory government believe that any non-EU foreigner married to a Brit is living in a sham marraige, no matter how long they have been together. Watch out if they take the country out of the EU, it will only get worse for those married to EU citizens. Link to comment Share on other sites More sharing options...
Guest Posted November 20, 2013 Share Posted November 20, 2013 Somehow I doubt it. You would have to trawl through the relevant UK and Euro legislation on home students to see if there is a similar loophole. I'm not even sure where the 3 year rule is enacted in statute but I guess it must be somewhere. My OH has just looked at applying and was asked 'have you been a resident of the UK/EU for 3 years' so i would assume not. Link to comment Share on other sites More sharing options...
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