Moving From Australia To Uk/Europe

[OzzyBloke]

I've recently been contemplating moving to the UK/Europe for anywhere from 1-2 years to maybe 5 or more for work (same company I work for now but I would be a consultant rather than employee if that affects the visas).

For myself, my father is British so unless the rules have changed I should be able to get UK duel citizenship. I would appreciate some advice on how this would work for my wife. She is currently on a temporary resident visa. The 2 years is up in April, so including ~3 months she's been away we would expect her to get permanent residency around mid 2011.

Firstly, is it possible for my wife to get some sort of visa for a 1-5 year stay in UK/Europe and if so what would we need to do? If not what are her options?

Secondly, if we move over there just after her getting permanent residency would that have any (negative) impact on her Australian residency when we wanted to come back?

Edited August 21, 2010 by OzzyBloke

[Petergreet]

First you need to get a British passport for yourself. Once you have that your wife can apply for indefinite leave to enter UK or settlement visa, depending on how long you have been married/lived together via the british embassy in Australia.

Edited August 21, 2010 by Petergreet

[gburns57au]

She is currently on a temporary resident visa. The 2 years is up in April, so including ~3 months she's been away we would expect her to get permanent residency around mid 2011.

She should get the application for her 100 visa in about February, the 3 months absence should not affect it.

Secondly, if we move over there just after her getting permanent residency would that have any (negative) impact on her Australian residency when we wanted to come back?

The purpose of a residence visa is to allow someone to stay in Oz as a resident....obviously if she is out of the country for extended periods of time then it may affect the status of residency.

[KamnanT]

I was in a similar situation - Canadian (by birth), Australian (by naturalisation) and British (by descent) and in 1997 was moved from Australia to the UK by my employer. My Japanese wife had Australian PR and a 5 year Resident Return Visa. She applied to the British High Commission in Canberra for temporary leave to remain on the basis of being married to a British citizen. She was granted one year LTR, at the end of which we spent a horrible day at the UK immigration office in South Croyden and she was granted ILR. As it turns out, we only stayed in the UK until late 1998 when I was relocated again, first to Japan and then to Thailand.

My wife's Australian Resident Return visa was set to expire not long after we arrived in Thailand and we applied for another 5 year RRV at the Australian Embassy in Bangkok. Normally, an applicant would need to have spent 2 of the last 5 years physically present in Australia in order to qualify, however there is leeway for the Embassy to issue another RRV to an applicant who can (1) demonstrate ongoing ties to Australia and/or (2) give a compelling reason why they have been residing outside Australia. We stated that my wife was married to an Australian, had two Australian children and was residing outside Australia due to her husband's employment commitments and included supporting documentation (e.g. copies of all of my employment contracts). She was granted a 5 year RRV in 2004 and a further 5 year RRV in 2009. My impression is certainly that the Australian Embassy was giving broad and reasonable consideration to those who could demonstrate ongoing ties to Australia and an intention to return to reside there in the "not too distant" future.

[OzzyBloke]

Your quite correct Graham, getting a residency visa and then living somewhere else for several years was one of my key concerns (the other her getting a british visa for several years).

Thanks for the comments KarnanT great info. At least I now know it is possible - but not straight forward! When you "say PR and 5 year Resident Return Visa" - does this efficetevly mean she had a 5 year visa with effectively the same conditions as our temporary visa but it last for 5 years rather than approximately 2 years? If so what do you do at the end of 5 years or are you expected to get citizenship? I was so focused on getting the spouse visa I haven't really done any research yet on what happens post PR.

Well, I've been meaning to apply for the duel citizenship for a while now so I'll get that started and in the meantime it sounds like I need to do some research into bristish visas. Joy, it took me many days on and off just to go back through the threads of only Australian related visas! Looks like I'll need to start talking to both Aus and British embassies and we'll have to give some more thought as to whether we want to go down this path or not.

Thanks.

[gburns57au]

Your quite correct Graham, getting a residency visa and then living somewhere else for several years was one of my key concerns (the other her getting a british visa for several years).

Thanks for the comments KarnanT great info. At least I now know it is possible - but not straight forward! When you "say PR and 5 year Resident Return Visa" - does this efficetevly mean she had a 5 year visa with effectively the same conditions as our temporary visa but it last for 5 years rather than approximately 2 years? If so what do you do at the end of 5 years or are you expected to get citizenship? I was so focused on getting the spouse visa I haven't really done any research yet on what happens post PR.

Well, I've been meaning to apply for the duel citizenship for a while now so I'll get that started and in the meantime it sounds like I need to do some research into bristish visas. Joy, it took me many days on and off just to go back through the threads of only Australian related visas! Looks like I'll need to start talking to both Aus and British embassies and we'll have to give some more thought as to whether we want to go down this path or not.

Thanks.

On the temp visa you get two years of multiple travel......when the PR is granted you get 5 years.....after that a 5 yr resident return visa will be required for further travel in and out of Oz

[7by7]

I can't comment on what would happen to her Aussie visa/residence permit.

However, assuming that you do obtain British citizenship, obtaining a UK visa for her to live with you in the UK should be fairly straightforward.

You will basically need to show that you are in a genuine relationship and that you can support and accommodate yourselves in the UK. See Settlement; spouse and Maintenance and accommodation for more.

For how to apply, see British High Commission.

If moving to an EU state, the procedure is even easier. Various EU treaties mean that as a British citizen you have the right to live and work in any EU state and to take your family with you. This means that you can obtain what the UK calls an EEA family permit for your wife to live with you in that state; and it's free! However, it cannot be used for the state of which you are a national, in your case the UK. EEA Family Permits is the UK issued guidance, and although other EU states use different terminology and have different ways of applying the basics are the same throughout the EU.

For how to apply, see the embassy of the state concerned.

[electau]

Here is the latest information on Australian Citizenship.

http://www.citizenship.gov.au/applying/how_to_apply/conferral_app_process/

And 5 year RRVs.

http://www.immi.gov.au/migrants/residents/155/

[KamnanT]

When you "say PR and 5 year Resident Return Visa" - does this efficetevly mean she had a 5 year visa with effectively the same conditions as our temporary visa but it last for 5 years rather than approximately 2 years? If so what do you do at the end of 5 years or are you expected to get citizenship? I was so focused on getting the spouse visa I haven't really done any research yet on what happens post PR.

Effectively, yes, her 2 year temporary residency visa gives your wife pretty well all the same practical benefits as PR, other than the fact that it's temporary. The advantage of PR status is that, as long as your wife resides in Australia, she is not required to apply for any extensions or otherwise undertake any action to maintain her permission to stay.

However, if a permanent resident wishes to leave Australia for any period of time and then return, he or she must first apply for a resident return visa (RRV). The normal duration of an RRV is 5 years. Australian embassies overseas can issue RRVs, however the clear intention is that permanent residents should reside in Australia if they wish to maintain their status. A year or two away isn't an issue, but if you have not spent at least 2 of the last 5 years in Australia, you may be denied an RRV, effectively terminating your PR. Alternatively, you may be granted a shorter duration RRV (six months), allowing you to return to Australia to resume residence.

There is no requirement for a permanent resident to take Australian citizenship although the Australian government does, of course, encourage long-term residents to apply. It is quite feasible to live in Australia for decades as a permanent resident without becoming an Australian citizen.