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Discussion Starter · #1 ·
Hi there everyone! :)

I understand that a lot of the same questions regarding citizenship and visa come up all the time and I have read so many now I think I am confusing myself more! :confused: I also rang our local uk visa specialist in Australia to get some info but I still need just a little more clarification! So I will give you all a quick run down of the situation and my questions and any help would be much appreciated! :)

My fiancee was born in Aus in 1980, His Mother, grandparents and all the rest of his family are born and bred in Scotland. His grandparents migrated to Aus when his mother was about 6mths old and achieved duel citizenship. His mother did not but she would be naturalized by now I assume, being 63!

According to the visa fellow here in Aus, (1st contact) He is eligible to register for British by descent (which we will go for) and right of abode.

I am Australian born with no close british grandparents or parents unfortunately. We have 1 child together (20mth old) and one on the way (Due Nov 17). I also have a child from a previous relationship (15yrs old.)

We were told to get a spouse visa for myself and the children when we get his british passport and he would essentially be our sponser. But I am confused because haven't the rules all changed recently making it harder for families.. We are looking to go next year around Jun/Jul/Aug/Sept to be close to school times and allow enough time for all the applications

My questions are these:

* What is the difference of british by descent or naturalisation, other than being able to pass on citizenship to children?

* How are we able to achieve all the requirements for sponsership such as income and accommodation if we are all going over at the same time?? (we will have some money put aside but probably only $60 to $80 thousand AUD from sale of house, maybe more from sale of cars etc)

* How long will it take for myself and the children to achieve British citizenship, 5yrs or 3yrs? I have read different times.. and none of the children will be eligible automatically correct? and my eldest is 16 in Feb so time is of the essence for him I guess!

* Would it be wise to marry before we go (but after he registers) to save on visa costs? and better for the children?

* My fiancee also has a HR truck licence here in Aus, I have heard it is hard to swap to a uk lorry version? therefore making it harder for him to get work?

The end result is we would like to all become Dual Aus / British citizens as quickly as possible and stay in Scotland for the foreseeable future but be able to come back as we like.

Sorry for so many questions! It just seems like the more we work out the more questions are raised!! :eek: Any help is greatly appreciated! :)
 

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Hello,

Most of your queries around naturalisation and descent, I am unable to answer, sorry.

But I can help with some-

The main issue here will be your 15 year old from previous relationship. You will need to ensure that you can prove you have sole custody, as well as permission from the other parent for their child to move to UK. All this must be concluded before his 18th birthday.

Yes, marrying before you go will be much smarter. Especially in the case of your older son. Cheaper to simply marry where you are, and apply for a spouse visa + dependants, when the time comes. Your partner (after receiving his ancestry visa), will need to have savings or income to sponsor all 4 of you (you plus 3 kids). The threshold for that is higher than if he was only sponsoring you, so look into that.

Your route to citizenship should take 5 years. Not sure about your kids.

I am sure an experienced moderator will come by soon to answer other queries. All the best.
 

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PS- if you have savings- you meet the financial requirement. If you do not have sufficient savings, then your partner will need to prove that they have a job is Aus paying more than the threshold (which in your case is higher than the usual 18,600 per annum, due to dependants) , as well as prove that he has a job lined up in the UK, that pays over that amount too.

If he is unable to line up a job and accommodation in the UK, while still is Aus (which may be the case), he will have to move first on his own, set himself up in a suitable house and get a suitable job , and then only after that call you and your children over.
 

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Discussion Starter · #4 ·
Thanks :)

I didn't think the job here in Aus counted, but that would be enough income for here, he will just have to try to figure out the license issue for over there as he is a courier / delivery truck driver. He may be able to do something else, but that is his main occupation.
I used to work as a manager / supervisor in laboratories for mining, but I haven't worked for a bit while I have the little one and pregnancy. I do have my own business here in Aus also in holistic health, but I haven't even looked into that side of things yet! I assume I am allowed to work on a spouse visa after the little one is old enough? :)
 

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Your partner's AUS job does count, provided he has a job lined up in the UK also , above the threshold.

You can work on spouse visa. You just can't access any public funds, that's all.

Focus on getting our partners ancestry visa first and getting married. Keep coming here to ask questions. It'll be a long journey but worth it once done.
 

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Discussion Starter · #6 ·
Thanks again :) We are so excited to be finally doing it! We would come today if we could and if I wasn't halfway through the pregnancy, and of course it takes ages to get it all sorted ha-ha :)
 

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* What is the difference of british by descent or naturalisation, other than being able to pass on citizenship to children?
British by descent means you were born abroad to a British citizen otherwise than by descent, such as born in UK. Naturalisation can only be applied for in UK after living there for some time under eligible visa and first attaining settlement.

* How long will it take for myself and the children to achieve British citizenship, 5yrs or 3yrs? I have read different times.. and none of the children will be eligible automatically correct? and my eldest is 16 in Feb so time is of the essence for him I guess!
True, none of your children is British automatically. Younger child can be registered as British after 3 years in UK under Section 3(5) of 1981 British Nationality Act. The child and both parents must live in UK and must not be away longer than 270 days in total during the 3 years. It will take you 5 years to attain settlement, when you can apply for naturalisation. Your older child can probably apply at the same time, or a year later.
 

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Discussion Starter · #8 ·
Thank you :)

So, after I have managed to naturalise, would any further children then be classed as British? I am not planning on having any more after this one, but I was just curious as to whether that would give me basically the same rights as someone born in Britain?

And my fiancée would have the same rights being British by descent as someone who has obtained naturalisation? As in, it doesn't really matter how you get there the end result is the same? :)
 

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Any child born in UK will be British otherwise than by descent (because one parent is British). Anyone born outside UK won't be, until you naturalise and become British otherwise than by descent.
 

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Hi there everyone! :)





* How are we able to achieve all the requirements for sponsership such as income and accommodation if we are all going over at the same time?? (we will have some money put aside but probably only $60 to $80 thousand AUD from sale of house, maybe more from sale of cars etc)

! :)
Presuming that your to be husband will be taking out British citizenship prior to your move, as his mother was born in Scotland.

He will be sponsoring you for a spouse settlement visa and for all your children.

You should read the following document carefully to see how you can qualify under the financial requirements. If you don't fulfill these requirements, together with have accommodation sorted out before you move, then you won't get your settlement visa.

https://www.gov.uk/government/uploa...708/Appendix_FM_1_7_Financial_Requirement.pdf

You can qualify using only savings (minimum of 62,500 GBP) or income or a combination of both.

His current job in Australia only is relevant if he has a job to go to in the UK starting within 3 months of your return and it earns 18,600 GBP per annum.
 
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Great advise from Crawford but please note, the financial threshold for you is higher than 18,600 (as well as 62,500 GBP for savings). It goes up a certain amount per each additional dependant.
 

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Hi there everyone! :)

I understand that a lot of the same questions regarding citizenship and visa come up all the time and I have read so many now I think I am confusing myself more! :confused: I also rang our local uk visa specialist in Australia to get some info but I still need just a little more clarification! So I will give you all a quick run down of the situation and my questions and any help would be much appreciated! :)

My fiancee was born in Aus in 1980, His Mother, grandparents and all the rest of his family are born and bred in Scotland. His grandparents migrated to Aus when his mother was about 6mths old and achieved duel citizenship. His mother did not but she would be naturalized by now I assume, being 63!

According to the visa fellow here in Aus, (1st contact) He is eligible to register for British by descent (which we will go for) and right of abode.

I am Australian born with no close british grandparents or parents unfortunately. We have 1 child together (20mth old) and one on the way (Due Nov 17). I also have a child from a previous relationship (15yrs old.)

We were told to get a spouse visa for myself and the children when we get his british passport and he would essentially be our sponser. But I am confused because haven't the rules all changed recently making it harder for families.. We are looking to go next year around Jun/Jul/Aug/Sept to be close to school times and allow enough time for all the applications

My questions are these:

* What is the difference of british by descent or naturalisation, other than being able to pass on citizenship to children?

* How are we able to achieve all the requirements for sponsership such as income and accommodation if we are all going over at the same time?? (we will have some money put aside but probably only $60 to $80 thousand AUD from sale of house, maybe more from sale of cars etc)

* How long will it take for myself and the children to achieve British citizenship, 5yrs or 3yrs? I have read different times.. and none of the children will be eligible automatically correct? and my eldest is 16 in Feb so time is of the essence for him I guess!

* Would it be wise to marry before we go (but after he registers) to save on visa costs? and better for the children?

* My fiancee also has a HR truck licence here in Aus, I have heard it is hard to swap to a uk lorry version? therefore making it harder for him to get work?

The end result is we would like to all become Dual Aus / British citizens as quickly as possible and stay in Scotland for the foreseeable future but be able to come back as we like.

Sorry for so many questions! It just seems like the more we work out the more questions are raised!! :eek: Any help is greatly appreciated! :)



With regards to your spouse, he can just apply for a British passport because he was born to a British mother.
 

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With regards to your spouse, he can just apply for a British passport because he was born to a British mother.
It depends when he was born. If he was born on or after 1st January 1983, he is British by descent from birth and just needs to apply for his British passport. If he was born before that, he needs to register as British on form UKM. There is no fee other than £80 for citizenship ceremony, and certain kind of criminal history can disqualify.
 

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Discussion Starter · #14 ·
Thanks :)

I did take into account that it would be a higher threshold, although still working out the Aussie dollar to pounds so I can see how much of our savings could be used. I think he would still have to earn a goodly amount to cover us all, but not as much. It is a little scary seeing how much lower the annual wages seem to be over there, but as a few people have said it is cheaper to live so it evens out.

He was born in 1980 so he has to register first then apply for the British passport. That is going to take the most time to process, I think they said 6 to 9 months!
 

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Great advise from Crawford but please note, the financial threshold for you is higher than 18,600 (as well as 62,500 GBP for savings). It goes up a certain amount per each additional dependant.
Yes you are quite correct ..... I quoted only minimum figures (could not be bothered to work out the actual amounts to include dependents !)
 
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* My fiancee also has a HR truck licence here in Aus, I have heard it is hard to swap to a uk lorry version? therefore making it harder for him to get work?
Your fiancee cannot exchange his Australian HR truck licence to an UK one. He will need to sit the test in the UK in order to get a HGV (Heavy Goods Vehicles) licence.

However, Australian car / motorcycles driving licence holder resident in the UK can exchange their Australian licence to an UK one.

Also, as Australian citizen, you are class as a Commonwealth citizen in the UK. This means that you are entitle to -

a) register to vote in all UK elections
b) apply for some British civil service posts
 

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Discussion Starter · #18 ·
Ok Thanks :)

I will get him to look into the HGV licence process and see what he has to do. It is good we can swap our normal licences that makes life easier, although I have my HR licence here too so I will most likely lose that! :-( I can't see myself needing to get a HGV licence over there ha ha.

Would it be easier to get a different type of visa (if there is one) to go over earlier to sort those things out with him then swap to a spouse visa later when he has work etc? It seems harder with all the rules for finances which are hard to achieve without actually being in the country, I don't think he would like to go by himself early without us..
 

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May be, but Border Force Officer (immigration officer) can become doubtful about your motives and may refuse you entry as visitor.
 

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Discussion Starter · #20 ·
Thanks, I suppose so, that would be horrible to get turned back even if we were trying to do the right thing! :)

Just curious, if we applied for a Scottish bank account (I think there is one we can be approved for while we are still here in the application process..) Would it look better to them to regularly deposit money into that account from here until we go, then that money would already be sitting there?
 
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