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Taking Aussie wife & son back to the UK after being here for 6 years


Guest Aliesha

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Guest Aliesha

Hi Everyone,

 

I just wanted to ask a few bits of advice. I have been living in Australia now for 6 years on a Permanent Resident visa and I also have a Resident Return Visa which I recently used in December when the wife, son & I went and visited my folks in the UK for Christmas.

 

After going back home I realised just how much I miss it and my wife and I are really keen to head back to the UK around September 2012. We have decided this will be a permanent move and we will not be coming back to live in Australia. I have done 6 years here and have seen it all and am pushing 40 and want to settle down and buy a house in the next couple of years and we both see that dream in the UK, not here in Australia.

 

Anyway, from reading the forum I have got to know that my wife will need to apply before hand for a Spouse Settlement Visa then after a couple of years do her Permanent one which is okay. My only question is, what about our son? He is 6 years old and was born in Australia and has an Australian passport. What sort of visa do we need to do for him? Also would it help if he had a British passport as well? I think he is entitled to one of those as well but I'm not 100% sure.

 

As much I am going to miss the sunshine and nice beaches, there was nothing like sitting in front of a big log fire with snow on the trees this Christmas. My wife and I were in awe and we both love cold weather over hot so we are looking forward to the big move again :)

 

Cheers,

 

Chris

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Alright Chris,

 

Cant help with the visa question for the little fella but i would have thought it would be easy enough for you to get him one as you are English, anyway mate good luck and i hope it all goes well for you. Where abouts in blighty are you going to be heading?

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Guest Aliesha

hi andy, will probably move back to the Guildford/Farnham area I think. I grew up there and can commute easily enough to places like Reading etc. I lived in London for years but can't really see myself going back to that lifestyle again. am getting too old now and want somewhere a bit quieter i think haha :)

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Your son should be entitled to British citizenship by descent through you if you were born and bred there. Just apply for a passport - from memory it is form C2 and bob's your uncle!

 

Dont suppose your wife is entitled to an ancestry visa through other means (UK grandparents for example?) as I think that is marginally easier than the spouse visa

 

Good luck, hope it all goes brilliantly for you!

 

PS there will be those who will advise you to get your Aus citizenship "just in case" - probably not a bad idea if you have been here 6 years, you are certainly entitled.

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Guest Aliesha

Thanks for the info Quoll :)

 

I was hoping our son might get British Citizenship but not sure if they have changed the rules or not, will have to double check that one. I know for sure he can get a passport.

 

Wife's mother's side has English ancestry but would have to go back about 6 generations and I think that's too far to be entitled to that. Will ask about anyway and let you all know how I go.

 

Thanks for all the replies, much appreciated :)

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Hi

My eldest son was born in Sydney in August 2006, in April 2008 we returned to the UK. I am British (mother), all we did in Feb 2008 was apply for a passport, we didn't have to apply for citizenship or anything, he was British simple as as I was born here so he could get a passport no problem.

Son 2 was born in July 2008 in Scotland, and we have to apply for his Australian Citizenship first and then his passport (dad is aussie). We plan to go back to Aus next year to settle.

From memory my husband applied for his Spouse Visa, then after one year his Permanent Residency and then after a further year he can apply for Citizenship (so once he's been here for three years - we have been married for ten years). If you think you want to return to Aus one day I would recommend getting your citizenship before you leave - it's worth it - as a Right to Return expires after five years I think - my husband had permanent residency in the UK and even though he still had strong ties they expired it and we're going through the whole process again...so if your aussie citizenship is an option just get it in case you want to return.

Good luck with the move back, we're the other way round, want to settle down over there after to-ing and fro-ing for the past twelve years.

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