Wanderer Returns Posted May 1, 2016 Share Posted May 1, 2016 Hi everyone, My wife and I returned to the UK about 18 months to take care of my elderly mum who’s now 87. Prior to returning I’d been in Australia for a little over 10 years and obtained my Aussie citizenship in that time, whilst my wife had been there for 3 years and got her permanent residency. My mum’s in quite good health for her age (although her mobility is very poor, hence the caring role), and with no other family members here in the UK we may be looking after her for quite some time to come. We are both happy to continue with this (at least for now!), but we would like to return to the Australia in the future. Generally, we are not unhappy about being in the UK but we both feel like we had a better life in Australia. (I know everyone has an opinion on this :-) Time’s ticking on and we’ve been talking more about having a family recently, as my wife is now 34. My question (and sorry it’s taken me a while to get there) is how difficult will it be for us to return to Australia in future if we have children born here in the UK? They would automatically have UK citizenship because I was born here, but I believe they wouldn’t have an automatic right to Australian citizenship (or residency) because I’m only a naturalised Australian. I’m sure this gets asked quite a lot in the forum so my apologies if it’s going over old ground, although my experience is that immigration rules can change very quickly. Many thanks in advance to all those who offer a helpful reply, Martin. Link to comment Share on other sites More sharing options...
Bound4Tassie Posted May 1, 2016 Share Posted May 1, 2016 As far as understand it, your children will be eligible for citizenship by descent. Even if you were a citizen by descent you have still lived in Aus for more than 2 years. If your wife's permanent residency runs our eg they won't give her any more residents return visas then she can apply for a partner 309/100 visa as you're a citizen. They might extend the RR visa on the basis you are only in uk caring for an elderly relative and always intend to live permanently in Aus. http://www.border.gov.au/Trav/Citi/Appl/How-to-apply/Child-born-overseas-to-an-Australian-citizen Link to comment Share on other sites More sharing options...
Bound4Tassie Posted May 1, 2016 Share Posted May 1, 2016 Re residents return visa https://www.border.gov.au/Trav/Visa-1/155- Link to comment Share on other sites More sharing options...
Gbye grey sky Posted May 1, 2016 Share Posted May 1, 2016 Hi everyone, My wife and I returned to the UK about 18 months to take care of my elderly mum who’s now 87. Prior to returning I’d been in Australia for a little over 10 years and obtained my Aussie citizenship in that time, whilst my wife had been there for 3 years and got her permanent residency. My mum’s in quite good health for her age (although her mobility is very poor, hence the caring role), and with no other family members here in the UK we may be looking after her for quite some time to come. We are both happy to continue with this (at least for now!), but we would like to return to the Australia in the future. Generally, we are not unhappy about being in the UK but we both feel like we had a better life in Australia. (I know everyone has an opinion on this :-) Time’s ticking on and we’ve been talking more about having a family recently, as my wife is now 34. My question (and sorry it’s taken me a while to get there) is how difficult will it be for us to return to Australia in future if we have children born here in the UK? They would automatically have UK citizenship because I was born here, but I believe they wouldn’t have an automatic right to Australian citizenship (or residency) because I’m only a naturalised Australian. I’m sure this gets asked quite a lot in the forum so my apologies if it’s going over old ground, although my experience is that immigration rules can change very quickly. Many thanks in advance to all those who offer a helpful reply, Martin. If you are a citizen then your children are citizens by descent. It makes no difference whether or not you were Aussie born. Your only concern would be your wife's RRV. Hopefully someone else can comment on that and provide a measure of reassurance. Whilst in the future you should otherwise be able to apply for a partner visa for her these are costly, take time, and are subject to future changes in immigration policy so an RRV would be much better. Link to comment Share on other sites More sharing options...
dmjg Posted May 1, 2016 Share Posted May 1, 2016 A few more technical things about getting the kids the aussie passposts. Firstly they need to be assessed as a citizen by descent. To qualify, YOU need to have been an aussie citizen on the day of their birth. Getting citizenship yourself after this date means they dont qualify. Once you have this piece of paper, you take it to australia house for a passport interview and thats it. Ive just renewed my little girls two passports. Both paperwork went in two weeks ago, both are due to be posted back to us this week. ETA - Just re-read that you dont have the kids yet. No issues then. But ill leave the info up, it may help someone else Link to comment Share on other sites More sharing options...
Bungo Posted May 1, 2016 Share Posted May 1, 2016 As you are /will be a citizen at the time of the children's birth they will be citizens too, your birthplace is irrelevant. Your wife will apply for a RRV and shouldn't be too much trouble considering the rest of family are citizens. I think you have nothing to worry about. Link to comment Share on other sites More sharing options...
toOZ2012 Posted May 2, 2016 Share Posted May 2, 2016 Since your wife lived here for 3 years, she is only a year away from citizenship. She can be out of Australia for 90 days in the last year and still be eligible for citizenship. Once that is done - it's all good from there. Link to comment Share on other sites More sharing options...
Wanderer Returns Posted May 2, 2016 Author Share Posted May 2, 2016 Thanks for all your replies and reassurance everyone, they’re very much appreciated. To be honest, I didn’t realise it was as clear cut as that if you have children. Fortunately my wife got her permanent residency just a couple of weeks before we left Australia, so that is valid until November 2019. If we we’re still living in the UK at that time we would definitely need to think about returning to Australia before her visa expired, because there’s no way I want to go through all the rigmarole (and expense) of obtaining a new Partner Visa for her. I’ve been led to believe that obtaining a Return Residents Visa was just a formality, but can this be problematic? As a matter of interest, what happens when someone’s Permanent Residents visa expires when they are living in Australia? – I’m guessing that is a formality to get it renewed in those circumstances – any idea how long it takes? Could this be something undertaken on a long holiday, if you get my drift? Many thanks again, Martin. Link to comment Share on other sites More sharing options...
Suzukiscottie Posted May 2, 2016 Share Posted May 2, 2016 As a matter of interest, what happens when someone’s Permanent Residents visa expires when they are living in Australia? – I’m guessing that is a formality to get it renewed in those circumstances – any idea how long it takes? Said person carries on living in Australia if they wish to. The entitlement to permanent residency doesn't expire, only the travel entitlement expires. Link to comment Share on other sites More sharing options...
Ken Posted May 2, 2016 Share Posted May 2, 2016 I’m guessing that is a formality to get it renewed in those circumstances – any idea how long it takes? If you meet the residency requirement (2 years in Australia out of the last 5 years) then it is indeed a formality and the RRV is issued within 24 hours and is valid for 5 years. If you don't meet the residency requirement and so have to show some other connection to Australia (a partner and kids who are Australian citizens should do it) it takes longer (by which I mean a few days not the weeks or months that normal visas take) and the RRV is only valid for one year not 5. Link to comment Share on other sites More sharing options...
Wanderer Returns Posted May 2, 2016 Author Share Posted May 2, 2016 If you meet the residency requirement (2 years in Australia out of the last 5 years) then it is indeed a formality and the RRV is issued within 24 hours and is valid for 5 years. If you don't meet the residency requirement and so have to show some other connection to Australia (a partner and kids who are Australian citizens should do it) it takes longer (by which I mean a few days not the weeks or months that normal visas take) and the RRV is only valid for one year not 5. Thanks Ken – it’s answered all my questions about the RRV, which would seem like an option in the future so that my wife wouldn’t lose her right of residency (assuming we were still here in the UK around the time that her visa expired). However, what I don’t quite understand is whether or not it’s possible to ’renew’ her existing Partner Visa (subclass 100) when it expires in November 2019. If not, does this mean that she would need to obtain an RRV every time she wanted to leave Australia to travel overseas? - If so, it seems quite inconvenient. The other question someone might be able to help me with is whether or not it will be possible for my wife to apply for Australian Citizenship whilst residing here in the UK? I’ve read somewhere that time spent together overseas after her permanent visa was granted can count towards the four year requirement, in some circumstances? Many thanks, Martin. Link to comment Share on other sites More sharing options...
Guest Posted May 2, 2016 Share Posted May 2, 2016 Thanks Ken – it’s answered all my questions about the RRV, which would seem like an option in the future so that my wife wouldn’t lose her right of residency (assuming we were still here in the UK around the time that her visa expired). However, what I don’t quite understand is whether or not it’s possible to ’renew’ her existing Partner Visa (subclass 100) when it expires in November 2019. If not, does this mean that she would need to obtain an RRV every time she wanted to leave Australia to travel overseas? - If so, it seems quite inconvenient. The other question someone might be able to help me with is whether or not it will be possible for my wife to apply for Australian Citizenship whilst residing here in the UK? I’ve read somewhere that time spent together overseas after her permanent visa was granted can count towards the four year requirement, in some circumstances? Many thanks, Martin. She cannot renew her existing partner visa. That is ongoing. That is the same for everyone on that visa, not just your wife. I have the same thing once the 5 years are up, as do others. However, I am currently resident in Aus and will be here to qualify for citizenship before the 5 years travel time is up on it and therefore won't have the RRV issue to worry about. Once resident in Aus again your wife would need an RRV to travel overseas and then when eligible (after the period of residence in Aus etc met) would be able to apply for citizenship. And then the partner visa would cease and an RRV would no longer be needed. Re the citizenship requirement. I have not heard of what you are asking about being possible. There are set timeframes required afaik to be resident in Aus to be then eligible to apply for citizenship. If you are resident in the UK for the next few years I can't see how you could meet those and be able to apply while living in the UK. Link to comment Share on other sites More sharing options...
Guest Posted May 2, 2016 Share Posted May 2, 2016 About the citizenship requirement [h=1]Application process for Australian citizenship[/h]There are 10 steps in the application process. The time it takes to apply for and be granted Australian citizenship varies. The Client Service Charter provides details on the service standard for processing an application for Australian citizenship. [h=3][/h][h=2]Step 1. Determine that you are eligible to apply[/h][h=3]Are you eligible?[/h]In general, to apply for citizenship you will need to: be a migrant who is a permanent resident satisfy the residence requirement be likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia be of good character if you are 18 years of age or over. There are two categories of eligibility: Form 1300t Australian citizenship - General eligibility commonly used for applicants: aged between18 years and 59 years. [*]Form 1290 Australian citizenship – Other situations commonly used for applicants: aged 17 years and under or over 60 years and over, or who suffer from a permanent loss or substantial impairment of hearing, speech or sight, or who have an enduring physical or mental incapacity that means they are not capable of understanding the nature of the application. [h=2]Step 2. Ensure you meet the residence requirement[/h]The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia. You must: have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying. The Residence Requirement Calculator can help you calculate whether you meet this requirement. Under certain circumstances the residence requirement may be varied. Link to comment Share on other sites More sharing options...
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