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Visa Rights for Aussie Hubby


rhenny

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Hi Everyone..

 

I have been in Oz for 3 years now and have been granted residency here (wooo!)

 

I am recently married to my Aus husband and now we are looking into moving back to the UK.

 

What is the deal with his rights, working etc? Does he get anything automatically being married to me? Or anything beneficial as I'm a resident now?

 

Confused!!:arghh:

 

Thanks

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I dont think he gets anything automatically as you are married, am sure its a lot harder to take an Aussie spouse back to UK than it is for you to get residency here. Will still need some kind of visa, and I think you have to show you can support him. Check the UK immigration site.

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Nope, you may be screwed I fear!

 

Does he have any UK ancestry? If he has a UK born parent then he may be eligible for citizenship by descent. If not then does he have a UK born grandparent in which case he can apply for an Ancestry visa. If not, then does he have citizenship rights to any other EU country and thus an EU passport?

 

If none of those then you are either going to have to return ahead of him and find a job earning you £18.5k pa or find a lot of money in your savings account (£62.5k) which are the requirements of a spouse visa.

 

Hope you can find a solution that doesn't involve the spouse visa!

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Yes, unfortunately Quoll is correct, you, as the British Citizen are the one who needs to support your husband on return. But, I believe that it may not mean you having to leave him here, you can go together as long as you have a job offer which is due to begin within 3 months of your arrival in the UK but still earning the 18.5k, or indeed if you happen to have that ridiculous amount 62.k in the pot you don't need a job offer.

 

They've made it head scratchingly complicated. Even if you are granted a spouse visa you have to apply again in another 2.5 years and your hubby is not entitled to ILR until you have been settled in the UK for 5 years.

 

I've done a lot of research on this as my OH is Australian. He actually had UK ILR, I kick myself all the time knowing he could have applied for citizenship before we left and now he's lost it, hence we're going to have to do the spouse visa somehow.

 

Good luck with your quest!

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I have been in Oz for 3 years now and have been granted residency here (wooo!)

 

I am recently married to my Aus husband and now we are looking into moving back to the UK.

 

What is the deal with his rights, working etc? Does he get anything automatically being married to me? Or anything beneficial as I'm a resident now?

 

 

He gets nothing automatically, but he does have an advantage being married to you. You can apply for a spouse visa once you've been married long enough (I think it's two years). They have recently made it more difficult - you'll either need considerable savings, or at least one of you will need a job to go to. But it can be done!

 

Since you've got to wait anyway, I would also advise waiting until you've got your citizenship before heading back, in case of future rule changes.

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I dont think he gets anything automatically as you are married, am sure its a lot harder to take an Aussie spouse back to UK than it is for you to get residency here. Will still need some kind of visa, and I think you have to show you can support him. Check the UK immigration site.

 

Ah ok.. Yes a UK born grandparent, but no longer alive? Does this mean anything?

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Just a thought have you considered waiting until you have Australian citizenship before you leave. Again this is security against future changes to the rules.

 

Nice idea, however we want out... soon! So not willing to wait really...

 

Hmm.. So job or 62k seems to be the answer..

 

Thanks everyone..

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Ah ok.. Yes a UK born grandparent, but no longer alive? Does this mean anything?

No they don't need be alive but your husband will need supply certain documents to prove the family tree up to the U.K. born Grandparent.

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