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irishinaus

Going Home

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I still want home after 15 years and my eldest son wants to go back too. 

2 kids British born, 2 Aussie born

I always held my British passport. Never traded it in. 

Husband is aus born but was living in uk when we met. His mum lives in aus but British born, his dad British born too.  I am British born. The two Australian born kids have a British citizen mother and both sets of grandparents born in uk.  What type of visas for husband and kids or are the kids British by descent?

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Kids are British by decent if Mum is and born from 2000+ , so can get British passports, no drama there. (Check my link below, if they are older or what not, slight different rules depending on birth dates)

The Aussie Born kids the following applies

 

"Following changes to Australian citizenship laws on 20 August 1986 (responsibility of the Department for Home Affairs), the evidence you need to show that you are an Australian citizen depends on whether you were born in Australia before or on or after 20 August 1986, or if you were born overseas.

If you were born in Australia before 20 August 1986, your full birth certificate issued by an Australian Registry of Births, Deaths and Marriages (RBDM) will suffice to confirm your citizenship, provided your parents were not in Australia as foreign diplomats or consular officers at the time of your birth.

If you were born in Australia on or after 20 August 1986 and have previously held an Australian passport issued on or after 1 January 2000 that was valid for at least two years, you can present that document to confirm your citizenship.

If you were born in Australia on or after 20 August 1986 and one of your parents was an Australian citizen, you can provide:

  • your parent's full birth certificate issued by an Australian Registry of Births, Deaths and Marriages (RBDM)(link is external), showing your parent was born in Australia before 20 August 1986, or
  • your parent's Australian passport issued on or after 20 August 1986 that was valid for at least two years and issued before your birth, or
  • your parent's Australian citizenship certificate detailing their acquisition of citizenship before your birth.

If your parent was also born in Australia on or after 20 August 1986, you will need to provide their full birth certificate issued by an Australian Registry of Births, Deaths and Marriages (RBDM) plus a grandparent's Australian birth certificate issued by an Australian RBDM(link is external) or their Australian citizenship certificate" 

Husband if both parents are British citizens at the time of his birth, should also be British by decent either via Mum or Dad depending when he was born you can check here, just choose which scenario relates to him at top of page. https://www.gov.uk/check-british-citizenship/born-outside-the-uk-or-stateless

If not then, it would be a applying for a Spouse/Partner Visa. 

Edited by Vickie78

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Kids born 2005,and 2007 here. I was born uk 1981

 

Spouse visa for husband then as mil had gotten Oz citizenship before her kids born

 

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The two Australian-born children are British by descent - assuming their British mother was born in the UK, so is not British by descent herself.

Similarly the Australian-born husband is also British by descent - assuming his British father was also born in Britain,  so is not British by descent himself.

No need for a Spouse visa. No-one has lost their British citizenship because they took out Australian citizenship.

Just apply for British passports for everyone.

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Based on the information you have given stating everyone’s parents are British born then they all just need to apply for passports.

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3 hours ago, irishinaus said:

Kids born 2005,and 2007 here. I was born uk 1981

 

Spouse visa for husband then as mil had gotten Oz citizenship before her kids born

 

A person does not lose British citizenship by taking Australian citizenship. They become a dual national with dual citizenship. 

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