movingforthedream Posted July 14, 2017 Share Posted July 14, 2017 Hi Everyone, Ive been reading through the posts and forums and everyone has such different situations but same same, so wondering if anyone would have any knowledge based on our situation as I will explain. Anything would be much appreciated... So...I was born and lived in Scotland until I was 18, I've been in Australia for 11 years now and I am a citizen, I also do have an Australian passport. I have a UK passport, which is now expired and it is also still in my maiden name. My husband was born and has always lived in Australia, has a current Aus passport and we have a 9 month old who was also Aus born and has an Aus passport. We plan to move back to the UK but have no idea where to start or if we are entitled to go. We plan to sell our home that we currently live in, which will give us around $200,000 profit to take with us to purchase a new house in the UK with, cars etc. Then we will need to work out if it's better to sell our household items or ship them, but that's not a big issue right now, we just want to take the correct steps to get started. My husband is currently unemployed as he is studying and is a stay at home Dad. His studies finish in November 2017. Ideally we are looking at being back in the UK Mid-End 2018. I guess my questions are: Am I allowed to just go back? I don't need to do anything special, apply for anything? I know I need to get my UK passport sorted, should that be as easy as applying and just being granted a new one? From reading these forums, our baby can apply for a UK passport through ancestory (me?)? My husband, will he need to apply for spouse visa? And this should be granted given the money from the sale of our home? Would there be any other conditions, or would we all be able to leave Aus and go back to the UK together? Thanks so so much in advance Quote Link to comment Share on other sites More sharing options...
Collie Posted July 14, 2017 Share Posted July 14, 2017 Hi there, I think you are on the right track - The visa for your husband will be the biggest and most challenging piece for you so get started on this bit asap. Is he entitled to any UK or EU citizenship by descent? - This may be the easiest way Renew your UK passport and apply for your child's UK passport. Quote Link to comment Share on other sites More sharing options...
movingforthedream Posted July 14, 2017 Author Share Posted July 14, 2017 Hi Collie, unfortunately no, hes not entitled to any EU or Uk by descent, sadly his grandfathers siblings were born in England, but his grandfather was Australian born. Oh well! Do you know anything about my return? Is it as easy as getting back on the plane? I luckily still have a bank account there, albeit empty [emoji53] I wonder that once we have mine and our sons uk passports if its worth speaking with a migration agent.Thanks for the reply!Sent from my A1601 using PomsinOz mobile app Quote Link to comment Share on other sites More sharing options...
Collie Posted July 14, 2017 Share Posted July 14, 2017 For you and your soon - yes, it is as easy as getting the passports and jumping on a plane. For your husband, no. Do a bit of online research first and then maybe talk to an agent about options and a spousal visa Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted July 14, 2017 Share Posted July 14, 2017 It sounds like you have the boxes ticked. The proceeds from the house sale will be able to satisfy the financial requirement for your husbands spouse visa. For you and child, yes, just apply for passports. Yes, for you it is as simple as getting on a plane once you renew your passport. Then, on arrival you are entitled to NHS care and things. The only restriction is that you will not be entitled to social security benefits for three months after return. Quote Link to comment Share on other sites More sharing options...
Quoll Posted July 14, 2017 Share Posted July 14, 2017 1 hour ago, VERYSTORMY said: It sounds like you have the boxes ticked. The proceeds from the house sale will be able to satisfy the financial requirement for your husbands spouse visa. For you and child, yes, just apply for passports. Yes, for you it is as simple as getting on a plane once you renew your passport. Then, on arrival you are entitled to NHS care and things. The only restriction is that you will not be entitled to social security benefits for three months after return. I'm not so sure about the benefits thing - where one member of the family is on a spouse visa there are benefits which would normally be available to the British citizens in the family that are denied the family as a whole as the spouse may not benefit from government funds at all. I have a Canadian friend on this visa and her husband has been denied some benefits because of it. Also she has had to prove her financial viability at intervals to continue the visa. Quote Link to comment Share on other sites More sharing options...
movingforthedream Posted July 21, 2017 Author Share Posted July 21, 2017 We hopefully wouldn't need to claim benefits, so hot to worried about that. I finally sent my UK passport application off this week and will wait until that is back to apply for our sons. Having a bit of a time trying to figure out the finance requirements for my husband's visa though. To have the money needed we would need to sell our house, but would we need to sell our house before applying or could we show how much equity is in our home? Just seems like a big risk to take, selling our home in case my husband's visa is refused. My brother is waiting for a call back from UK citizens advice to see if they have an answer. I feel like it shouldn't be this confusing [emoji85]Sent from my A1601 using PomsinOz mobile app Quote Link to comment Share on other sites More sharing options...
movingforthedream Posted July 21, 2017 Author Share Posted July 21, 2017 We also found out that my husband will need to pay £200 per year until he is a UK citizen to be absent access the NHSSent from my A1601 using PomsinOz mobile app Quote Link to comment Share on other sites More sharing options...
Wa7 Posted July 21, 2017 Share Posted July 21, 2017 On 14 July 2017 at 10:11, movingforthedream said: Hi Collie, unfortunately no, hes not entitled to any EU or Uk by descent, sadly his grandfathers siblings were born in England, but his grandfather was Australian born. Oh well! Do you know anything about my return? Is it as easy as getting back on the plane? I luckily still have a bank account there, albeit empty I wonder that once we have mine and our sons uk passports if its worth speaking with a migration agent. Thanks for the reply! Sent from my A1601 using PomsinOz mobile app Have you checked out his grandmother as being uk born ? as I am fairly sure she would also entitle him to the ancestry visa, ( sorry if you have already checked but your post was all about the grandfather ) Quote Link to comment Share on other sites More sharing options...
movingforthedream Posted July 21, 2017 Author Share Posted July 21, 2017 None of his grandparents were UK born unfortunately the closest are great grandparents, which as far as I can find, doesn't entitle him to anything [emoji53]Sent from my A1601 using PomsinOz mobile app Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted July 21, 2017 Share Posted July 21, 2017 Obtaining a spouse visa for the UK can appear daunting, the web site is certainly not very user friendly, but it isn't too bad and is fairly quick with spouse visas generally issued within a mater of a few weeks. There are two financial streams, earnings or savings with savings having itself two streams depending on the source of the savings. If you are using the proceeds of a house sale, then there is no need to have held them for any length of time. So, basically, as soon as the house is sold and you have the funds, you lodge the visa - you can get everything ready in the mean time. I will send you a private message. Quote Link to comment Share on other sites More sharing options...
movingforthedream Posted August 6, 2017 Author Share Posted August 6, 2017 So impressed, from the day of applying for my passport online to receiving it back in the mail was 17 days! Next step, my sons! Is it evidence enough that I was UK born for his? From what I'm reading I need to send my parents (sons grandparents) UK birth certificates with the application? Which I don't have [emoji53]Sent from my A1601 using PomsinOz mobile app Quote Link to comment Share on other sites More sharing options...
movingforthedream Posted June 22, 2018 Author Share Posted June 22, 2018 So we're a bit further ahead now with our plans. My son and I both have our UK passports and just tgis week, we've returned after our 5 week holiday in Scotland which had confirmed our desire to move. So, what's next? We were originally planning to sell our house to gain access to enough funds to apply for my husband's spouse visa, but I'm not a big risk taker and it's a little daunting that we'd need to sell our home and pack everything up before knowing if we're even "allowed" to go, logistically it's all seeming crazy. Is there another route to take when applying for a spouse visa? If my husband couod get a UK job offer before applying, could we have the visa approved and then sell the house afterwards? I'm struggling to find info [emoji53] Quote Link to comment Share on other sites More sharing options...
Marisawright Posted June 23, 2018 Share Posted June 23, 2018 47 minutes ago, movingforthedream said: So we're a bit further ahead now with our plans. My son and I both have our UK passports and just tgis week, we've returned after our 5 week holiday in Scotland which had confirmed our desire to move. So, what's next? We were originally planning to sell our house to gain access to enough funds to apply for my husband's spouse visa, but I'm not a big risk taker and it's a little daunting that we'd need to sell our home and pack everything up before knowing if we're even "allowed" to go, logistically it's all seeming crazy. Is there another route to take when applying for a spouse visa? If my husband couod get a UK job offer before applying, could we have the visa approved and then sell the house afterwards? I'm struggling to find info You're a married couple with children. If you meet the financial requirement, it's extremely unlikely the visa will be refused. So selling the house is hardly a big risk. From application to grant took less than a month for us, no idea whether it's still as quick as that. In fact it happened so fast, it caught us on the hop. Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted June 23, 2018 Share Posted June 23, 2018 3 hours ago, movingforthedream said: So we're a bit further ahead now with our plans. My son and I both have our UK passports and just tgis week, we've returned after our 5 week holiday in Scotland which had confirmed our desire to move. So, what's next? We were originally planning to sell our house to gain access to enough funds to apply for my husband's spouse visa, but I'm not a big risk taker and it's a little daunting that we'd need to sell our home and pack everything up before knowing if we're even "allowed" to go, logistically it's all seeming crazy. Is there another route to take when applying for a spouse visa? If my husband couod get a UK job offer before applying, could we have the visa approved and then sell the house afterwards? I'm struggling to find info Agree with Marisa as above, unlikely visa would be rejected. I don’t think it is about your husband having a job, it is you as the sponsor who would need to prove the income threshold. Now don’t quote me on that but it sounds familiar, so the house sale seems the best option to me. Happy to be corrected on the above but pretty sure that is the go. Good luck with your move. Quote Link to comment Share on other sites More sharing options...
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