My story

[JazzyAbby]

I've been lurking around these boards for about two years now and I'm at a point where I just need to vent our situation to people who may understand.

 

I am Auatralian. I met my husband while visiting friends in the UK in 2007. He moved down here that Christmas and we have been together since.

when our relationship first started I had my mother here in oz to care for and my husband hated the uk so we settled here. Had our daughter in 2010 and still didn't think about moving back. Had our son in 2012 and still didn't think about moving back.

 

in 2013 we decided we would pay off our debt then move back.

 

Then in May 2014 we had to make a rush trip back to Hereford as my mother in law was ill.

we came home to Perth knowing we would move a lot earlier than planned as we both loved it and our hatred for Perth was growing by the day.

 

december 2014 we set a date for our move, debt and all, and that was meant to be July 2016.

we picked that date as it lined up with our lease ending and gave us enough time to save.

 

to begin with we were going to get me an ancestry visa through my grandfather but then I found out he's not listed on my mothers birth certificate. So that option was out.

 

we then thought of the spouse visa but the requirements seemed rather hard to meet without separating our family for over 6 months.

 

then we discovered the EU freedom of movement that would allow us to move to Ireland, no visa required.

 

so that was the plan we were going to Ireland on July 19th 2016 using the EU freedom of movement. We didn't even want to use the surrinda Singh route and go from Ireland to the uk, we were quite happy to just settle in Ireland.

 

then Cameron went and called the referendum for a month before we were due to leave and our plans have gone out the window.

due to his negotiated deal no matter which way the vote goes going to Ireland is out. So we are back to having to look at the spouse visa.

 

it'll be difficult to get my husband a job earning £18600 or higher from out side the country but my biggest concern was the accommodation requirement as none of our family in the uk have homes big enough to hold us all...even on paper.

 

i just want to be somewhere else. Ive never loved my home country. I long for the history and culture of Europe and the U.K. I want a community and family activities. The ability to see something new each time we take a drive. Green fields.

 

im at my melting point. I'm frustrated that my hardworking English husband can't bring his two British citizen children home to the UK along with their mother without having to jump through hoops.

 

yes the spouse visa route can be straightforward but for some, like us, it's a circus.

 

i may have come up with a solution for the accommodation but I'm a bit wary about its viability. Even if it works I still need to find hubby a job.

 

none of my Aussue friends understand but none of them have ever left the country either.

i love to travel, I love to explore what the world has to offer. Being in Perth is like being in exile.

 

Sorry about the novel, just needed to get it out.

[Quoll]

So sorry to hear your trials and tribulations JA! You're not alone unfortunately - the regulations aren't stopping the arranged marriages etc either because that sector of society seems to have money to pass around to deal with the "savings" requirement. I have a friend who has to go to Japan to visit her grandkids because her son can't afford to bring them to UK on the spouse visa. I know it isn't what your family would want but could your DH go back on his own to start with to get a job? It'd be a short term pain for a longer gain! Hope you can find a way!

[VERYSTORMY]

First thing first. Lets tackle each issue one at a time.

 

First thing is the visa / right for you to work in the UK.

 

Have you consulted a professional about the ancestry route? I think there might still be options there, albeit needing more paperwork.

 

If that really isn't an option, then are you sure the Ireland route is out? Have you had this confirmed by a professional? If it is, that leaves the spouse route.

 

So, there are two options -the job or the money in the bank. Is there an option of borrowing the money from a family member for the required period? If not, then that leaves a job. What does he do? The South East of the UK is booming jobs wise and getting a job paying that amount of money should not be an issue - I have seen plenty of even labouring jobs paying that and more. So, he could come over for a month alone, secure the job and take a place to live - he could maybe stay with family while doing the job search, then it is easy to rent somewhere once he has a job. You could all then come on a tourist visa while waiting to do the application. You wouldn't be able to work, but you could at least stay for a fair period. Then head back, close up everything and get the visa.

 

There would be no need to stay in the SE long term - I appreciate it is expensive to live. Just long enough to get the visa.

[JazzyAbby]

Quoll that's what makes it so frustrating. I read weekly about spouses who have disappeared the minute they've got in the country having secured a spouse visa. How are these 'couples' meeting the relationship requirement??

 

we have said from the beginning that we won't separate the family. We desperately want to live elsewhere but that is our line in the sand. We'll apply for any and all jobs and cross our fingers but having hubby go over on his own to work six months in his job before we apply would ruin us financially and we won't risk the kids future just so I can live my dream, haha.

 

Very Stormy...

im not 100% sure about Ireland being out. It's all speculation about what will happen.

if the UK leaves then there is a two year leaving process but we won't know till after June 23rd if the UK will have to abide by EU laws until the final date.

if the UK stays then Cameron has negotiated to stop freedom of movement for non eu spouses. Brits can live and work in Ireland as if they were born there but because the UK is currently in the EU I can't get an answer to whether that means a British citizen, allowed to live in Ireland, can apply for an Irish spouse visa - so much easier than for the UK -.

or if the UK stats there is no news on when the negotiated deals take effect from.

 

i haven't spoken to a professional about the ancestry visa. I did email UKVI and their 'very informative' reply was that it was up to me to decide whether my documentation was proof enough. To be honest I'm not sure who else I could ask...immigration lawyer??

 

my husband has an IT history but currently runs a warehouse, though just has a job title of storeman. He will do anything and will work anywhere to just get us in the country.

 

i think part of my anxiety with the spouse visa was securing a job with a start date at least a month out, is it common to employ someone to start work 6 or so weeks after the interview?

 

thank you both for reading my rant and offering advice. I was having a bad day and just needed to vent.

[Quoll]

Were your grandparents married at the time of your mum's birth? That might be evidence?

 

Personally I think there needs to be a sliding scale - 0 years together loads (and loads!) of dosh, 5 years together less dosh, 10 years together no fee at all! Reducing, too, if you have UK citizen kids in the family.

[JazzyAbby]

No quoll my grandfather was still married - though separated from - to his first wife. His name isn't on any of his five kids birth certificates.

i was thinking of checking his death certificate to see if mum is listed as his daughter on that but wasn't sure it would be enough proof along with birth certificates from all three of us.

 

that would certainly put some people off if the newer your relationship the higher the fee, I would hope anyway.

 

Going the the savings route is extreme, turns out to be around $125 000. If we had that much money in savings I'd be holidaying around the world, not trying to relocate.

[Marisawright]

No quoll my grandfather was still married - though separated from - to his first wife. His name isn't on any of his five kids birth certificates.

i was thinking of checking his death certificate to see if mum is listed as his daughter on that but wasn't sure it would be enough proof along with birth certificates from all three of us.

 

 

How much does it cost to apply for the ancestry visa? Isn't it worth gathering as much evidence as you can, and trying? At least if you fail, all you've lost is the visa application fee. It doesn't stop you applying for other visas.

 

What you need to do is prove that our grandfather was your grandfather. So yes, find the death certificate. Then check the Census records for England and Wales (your library probably has access) to prove he was living with your grandmother and their children at various times during his lifetime - don't just find one record, find as many as you can. Then get as many older relatives and friends as you can to make a stat dec saying they knew your grandfather and yes, you're his granddaughter, and get a JP to witness them.

 

Did he have a will? See if you can lay your hands on it, it might mention the children by name.

https://www.gov.uk/search-will-probate

 

What does it say on his gravestone? Children mentioned by any chance?

[JazzyAbby]

You're right Marisawright. I've just ordered the certificate. He moved out here to Oz, and fought in the WWII in the Australian army. I'll see what records I can find though. I can access all his war records so I'll go back through and see if it has any mention of his family amongst it all.

 

worth a look anyway, thank you

[Marisawright]

You're right Marisawright. I've just ordered the certificate. He moved out here to Oz, and fought in the WWII in the Australian army. I'll see what records I can find though. I can access all his war records so I'll go back through and see if it has any mention of his family amongst it all.

 

worth a look anyway, thank you

 

So he had the children in Australia? It would be worth looking into Australian census records then? I have no idea whether or when they were done though.

 

How to find an Australian will:

 

http://www.jaunay.com/wills.html

 

Can you track down any relatives/friends to get statements from?

[JazzyAbby]

Yep all five kids born here in Oz. I've got all my aunts and uncles to talk to, and one aunt in particular has started doing a family tree so may have something I can use.