Major Tom Posted September 26, 2015 Share Posted September 26, 2015 My other half has been in the UK for nearly 20yrs,, she's had indefinite leave to remain since 1999, if she returns to Oz, will she loose her ILR, if so, what does she need to do before we leave, just in case we need to return? Cheers MT. Link to comment Share on other sites More sharing options...
lebourvellec Posted September 26, 2015 Share Posted September 26, 2015 UK citizenship. Link to comment Share on other sites More sharing options...
lebourvellec Posted September 26, 2015 Share Posted September 26, 2015 @snifter Link to comment Share on other sites More sharing options...
Bound4Tassie Posted September 26, 2015 Share Posted September 26, 2015 Yep get citizenship . If she is out of the UK for a length of time (? 2 yrs??) then she has no right to live here. My husband will reluctantly take British citizenship to ensure we can all move back without hassle if needed in future. Link to comment Share on other sites More sharing options...
NicF Posted September 26, 2015 Share Posted September 26, 2015 Yep, citizenship. My Australian Oh took out British citizenship after 12 years in the UK for the same reason. Link to comment Share on other sites More sharing options...
Major Tom Posted September 26, 2015 Author Share Posted September 26, 2015 Do you have to do citizenship whilst in the UK? Link to comment Share on other sites More sharing options...
Guest Posted September 26, 2015 Share Posted September 26, 2015 Yes, gain citizenship. Do this before making the move. It takes about 6-9 months iirc. The ILR would lapse after a period of time residing out of the country. I think it is 2 years. She would not be able to apply for it then. Link to comment Share on other sites More sharing options...
Guest Posted September 26, 2015 Share Posted September 26, 2015 I'm on the computer now. And see you have applied for a partner visa. https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply The thing there that stands out for me is this part 'you'll continue to live in the UK' which you clearly show you don't plan to at this time. However, if you then click through to the spouse requirements the 'continue residing in the UK' part is not mentioned. Phew. But ensure you read all the guidance notes and requirements booklet before anything else. For some reason, the UK Gov loves to use lots of long wordy words and dress up their information so its a jumble of overly stuffy language to many but you can decipher it all eventually https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen I'd double check a few things such as if she applies and then moves before it is granted, that she would be ok to come back to the UK for a citizenship ceremony having made the move back to Aus (as in this is ok to do legally?). Also during the application wait you would most likely be making your move to Aus and so would need to notify the UK Gov re the application change of address etc. Also please double check with a reputable migration agent or some such it is ok to apply knowing you'll be leaving the country and no longer resident in it after a certain date. If she can apply, she should. Else should you decide to return for whatever reason you may find you cannot or that its a very expensive path to go down. It is catching many couples out and the whole income thing is meaning families are living apart to try to meet the requirements or having to remain in Aus (or wherever else it is they are living). I'm surprised it wasn't applied and gained before the partner visa application was lodged but hopefully it can all be sorted now and applied for before you leave. Link to comment Share on other sites More sharing options...
Guest Posted September 27, 2015 Share Posted September 27, 2015 Do you have to do citizenship whilst in the UK? You really have to read all the UK gov info and booklets on it and understand them yourself. This forum is usually for migration to Aus not about gaining UK citizenship a few months before moving back to Australia or once back there. My understanding from reading that info is that your partner might be be able to apply from Aus. It is a Commonwealth country and they list that. At least there is an address to send applications to if applying from overseas. Check payment set up if doing that. It requires UK £. Also ensure that she would meet the requirements re residency etc when applying. I really don't know if it is possible or not, only going on what the booklets etc are saying. I read that here, section 4, where to send your application - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/445022/an_guide_13_jul_2015_final.pdf Be aware it does ask somewhere on the UK citizenship application form to declare which country you intend to live in once you become a British citizen. Your wife would have to state Australia I guess as that is where she would be living at the time and be planning to remain (I would guess). As to what impact this would have on an application I have no clue whatsoever. Maybe something, maybe nothing. I really do suggest if you have any questions about applying once you've moved to Aus then contact a reputable migration agent and discuss with them. If need be, take on their services. Start here with some reading yourself also - https://www.gov.uk/browse/citizenship/citizenship and click on through and read the things that apply. So 'Become a British citizen' and then #2 on that page and so on. Download and print off the booklets if need be, makes it easier to read and make notes as you go. I found everything I have told you from these links and booklets. Link to comment Share on other sites More sharing options...
Quoll Posted September 27, 2015 Share Posted September 27, 2015 Absolutely - do not leave without citizenship! If necessary delay your departure because once lost its nigh on impossible to get back in unless there is a UK Ancestry visa which is a working visa so no good if you are retirees at the time. Link to comment Share on other sites More sharing options...
srh82 Posted September 27, 2015 Share Posted September 27, 2015 +1 I was thinking same as Quoll. Get that citizenship application in ASAP! Don't leave UK until she gets granted citizenship. Link to comment Share on other sites More sharing options...
Guest Posted September 27, 2015 Share Posted September 27, 2015 Whole heartly agree with what the others have said 'don't leave until citizenship is granted". Will save a ot of heartache and drama if you want to return. Link to comment Share on other sites More sharing options...
Marisawright Posted September 27, 2015 Share Posted September 27, 2015 I agree about the citizenship. I'm sure it's not what you want to hear as it will delay your move to Oz - but honestly, taking the risk is not worth it. She will lose her right to remain, so if you ever want to come back to the UK, you'll have to apply for a spouse visa for her (assuming you have British citizenship). The trend for all governments is getting that visa harder and more expensive every year. Who knows what it might cost or what hurdles you'd face in ten or fifteen years, if you wanted to come back. Link to comment Share on other sites More sharing options...
Major Tom Posted October 1, 2015 Author Share Posted October 1, 2015 What would the costs be, my imagination agent says she would be naturalised (was his words) as she's been here that long? Link to comment Share on other sites More sharing options...
Guest Posted October 1, 2015 Share Posted October 1, 2015 What would the costs be, my imagination agent says she would be naturalised (was his words) as she's been here that long? You can find the cost on the UK border gov site I would think. Goalposts and visa rights can change. I'd prefer citizenship and the knowledge it was gained. Link to comment Share on other sites More sharing options...
NicF Posted October 1, 2015 Share Posted October 1, 2015 Al the info you need can be found here https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply. As far as I can tell you cannot become a British Citizen just by living in the country for x amount of time, you have to apply for it. There is a wizard on the same website that allows you to check if you might already be a British Citizen. Length of time spent in the country does not seem to be one of the factors though. Link to comment Share on other sites More sharing options...
Guest Posted October 1, 2015 Share Posted October 1, 2015 Have a read of this as well https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/458114/form_an_v_05_15_01_09_2015.pdf Link to comment Share on other sites More sharing options...
Guest Posted October 1, 2015 Share Posted October 1, 2015 Fees https://www.gov.uk/government/publications/fees-for-citizenship-applications You are assuming we know more than you. All the info you need is on the UK gov website. Go have a good read Link to comment Share on other sites More sharing options...
Major Tom Posted October 1, 2015 Author Share Posted October 1, 2015 Looking at it, there is a 'naturalisation' section, and costs are £1005 from what I can see? Link to comment Share on other sites More sharing options...
Guest Posted October 1, 2015 Share Posted October 1, 2015 Looking at it, there is a 'naturalisation' section, and costs are £1005 from what I can see? I didn't read all the info on those links I gave you. If that is what it says, that is what it says Link to comment Share on other sites More sharing options...
NicF Posted October 1, 2015 Share Posted October 1, 2015 Looking at it, there is a 'naturalisation' section, and costs are £1005 from what I can see? Naturalisation is the process of applying for British Citizenship that requires the applicant to sit the test and fill in the form Snifter provided the link to above. Link to comment Share on other sites More sharing options...
Guest Posted October 1, 2015 Share Posted October 1, 2015 Also https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/432525/AN_Booklet_Jun_2015.pdf INTRODUCTION - This Guide summarises the legal requirements for applying for naturalisation.Naturalisation is not an entitlement. It is a matter of law as set out in the British NationalityAct 1981. The Home Secretary may exercise his discretion to naturalise you only if yousatisfy a number of statutory requirements. He may disregard the extent to which you areunable to fully satisfy certain requirements but he cannot do this in all cases. The way thathe exercises his discretion is described throughout this booklet. This is further described inthe nationality staff instructions which may be accessed on GOV.UK.The requirements for naturalisation as set out in the British Nationality Act1981 1. DO YOU QUALIFY? Naturalisation is not an entitlement and a decision can only be made to grant you citizenship if you can demonstrate that you satisfy certain legal requirements and the Home Secretary thinks fit to naturalise you..The requirements for naturalisation as a British citizen differ depending on whether or not you are applying on the basis of marriage to civil partnership with a British citizen. A. If you are married to or the civil partner of a British citizen(section 6(2) of the British Nationality Act 1981) The legal requirements you should meet before you apply are that you: 1. Are aged 18 or over when you apply 2. Are married to or the civil partner of a British citizen on the date of application. 3. Are of sound mind, so that you understand the step you are taking (but seepage 11 for those who are not of sound mind) 4. Can communicate in English (or Welsh or Scottish Gaelic to an acceptable degree) 5. Have sufficient knowledge about life in the UK 6. Are of good character 7. Have lived in the UK for a minimum of 3 years before you apply and meet the following residence requirements: The residence requirements: 1. You must have been physically present in England, Wales, Scotland,Northern Ireland, the Isle of Man or the Channel Islands on the day 3 years before the application is received by the Home Office. For example if your application is received on 20/1/2015, you should have been physically present in the United Kingdom on 21/1/2012. Most applications that fail do so because applicants have applied even thoughthey cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period. 2. You must not have had more than 270 days outside the United Kingdom in thethree year period before making the application (but see the section on Absences on page 7). 3. You must not have had more than 90 days outside the United Kingdom in the 12 month period before making the application, (but see the section on Absences on page 8). 4. You must be free of immigration time restrictions on the date of application (see the section on Immigration Time Restrictions). 5. You must not have been in breach of the immigration rules in the 3 yearperiod before making the application (see the section on Breach of Immigration Law). Some discretion may be exercised over the residence requirements at 2 – 5 above if there are special circumstances. If you do not meet these residencere quirements but believe that there are special circumstances in your case,you should explain them when you apply. If you are in Crown service or specially designated service, or are married toor the civil partner of a British citizen in Crown or designated service, gostraight to section 10 for alternative ways that you might qualify. To me its pretty clear cut what I would do in the circumstances. I'd not leave the UK without applying for UK citizenship. Trying to return may be closed to your partner in the future. Link to comment Share on other sites More sharing options...
Major Tom Posted October 12, 2015 Author Share Posted October 12, 2015 Also https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/432525/AN_Booklet_Jun_2015.pdf INTRODUCTION - This Guide summarises the legal requirements for applying for naturalisation.Naturalisation is not an entitlement. It is a matter of law as set out in the British NationalityAct 1981. The Home Secretary may exercise his discretion to naturalise you only if yousatisfy a number of statutory requirements. He may disregard the extent to which you areunable to fully satisfy certain requirements but he cannot do this in all cases. The way thathe exercises his discretion is described throughout this booklet. This is further described inthe nationality staff instructions which may be accessed on GOV.UK.The requirements for naturalisation as set out in the British Nationality Act1981 1. DO YOU QUALIFY? Naturalisation is not an entitlement and a decision can only be made to grant you citizenship if you can demonstrate that you satisfy certain legal requirements and the Home Secretary thinks fit to naturalise you..The requirements for naturalisation as a British citizen differ depending on whether or not you are applying on the basis of marriage to civil partnership with a British citizen. A. If you are married to or the civil partner of a British citizen(section 6(2) of the British Nationality Act 1981) The legal requirements you should meet before you apply are that you: 1. Are aged 18 or over when you apply 2. Are married to or the civil partner of a British citizen on the date of application. 3. Are of sound mind, so that you understand the step you are taking (but seepage 11 for those who are not of sound mind) 4. Can communicate in English (or Welsh or Scottish Gaelic to an acceptable degree) 5. Have sufficient knowledge about life in the UK 6. Are of good character 7. Have lived in the UK for a minimum of 3 years before you apply and meet the following residence requirements: The residence requirements: 1. You must have been physically present in England, Wales, Scotland,Northern Ireland, the Isle of Man or the Channel Islands on the day 3 years before the application is received by the Home Office. For example if your application is received on 20/1/2015, you should have been physically present in the United Kingdom on 21/1/2012. Most applications that fail do so because applicants have applied even thoughthey cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period. 2. You must not have had more than 270 days outside the United Kingdom in thethree year period before making the application (but see the section on Absences on page 7). 3. You must not have had more than 90 days outside the United Kingdom in the 12 month period before making the application, (but see the section on Absences on page 8). 4. You must be free of immigration time restrictions on the date of application (see the section on Immigration Time Restrictions). 5. You must not have been in breach of the immigration rules in the 3 yearperiod before making the application (see the section on Breach of Immigration Law). Some discretion may be exercised over the residence requirements at 2 – 5 above if there are special circumstances. If you do not meet these residencere quirements but believe that there are special circumstances in your case,you should explain them when you apply. If you are in Crown service or specially designated service, or are married toor the civil partner of a British citizen in Crown or designated service, gostraight to section 10 for alternative ways that you might qualify. To me its pretty clear cut what I would do in the circumstances. I'd not leave the UK without applying for UK citizenship. Trying to return may be closed to your partner in the future. @snifter can you still apply for this when you are in Oz and within the 2yr window, or does it have to be completed on home soil? Link to comment Share on other sites More sharing options...
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