British Father with Australian son & Wife Question

[neilb12]

Hello to everyone, my first post. Hoping for a response.
I am British born 1962 with a wife and 13 yr old Australian son.
Ive just returned to the UK to set up a home for wife and son.

I'll deal with my wifes migration another time, for now, can someone explain to me if my son is entitled to British citizenship ?
I am aware that he can have a uk passport (applied for) however, I am worried about what is stamped in his passport when he arrives as he needs to be in school.

Some schools want proof of entitlements from the home office etc.

Thanks in advance
Neil
In Liverpool

[CR001]

If you are British by birth (otherwise than descent) then your child is British by descent and can apply directly for a British Passport.

Nothing will be stamped in his British passport when he arrives as he is entitled to enter and live in the UK without any issues and the British passport will be proof enough of his right to reside etc etc.

As an aside regarding your wife, does she by any chance have a British born grandparent?

[neilb12]

Thanks for the response. Yes,my wife's grand mother was welsh and grand father scottish. Can I ask if that gives her any entitlements of abode by chance?
Thanks in advance.

Oh, yes I know my son's getting British passport but will it say "British Citizen" ?

[CR001]

Yes, your sons British passport will say the same as yours 'British Citizen'.

The reason I asked about your wife is that I am curious which visa she will apply for as she qualifies for UK Ancestry and a Spouse visa. If interested in the difference etc between the two (if not already known), I can list the one vs the other for you as there are some big differences.

[neilb12]

Thanks for the informative info. I'm really unsure as to what we are going to do as the situation for me to come back to the uk was done rather swiftly.
I left the uk in 82 when I was 20 to go to Canada for 6 months but stayed 19 years having been granted perm res there.
Met wife in Toronto, then went to oz in 2002 for my son's birth.
Came to uk in 2004 after 5 trips to auckland to satisfy my 3 month holiday visa for oz. Worked in uk 2004/05 then back to oz , married in 2005, oz perm res visa later.

Have autistic son who's just started high school this year and having an awful time. education department in oz belong in the dark ages. Took them to human rights commission but they didnt change. I said "stuff this, uk can do heaps better, im off to set up home"...
Anyway...... Im here, family booked flights for last week in Oct, wife will simply come on visitor visa for time being, son on Brit passport. I work away all week so im not home to care for my son who does need a carer even though he goes to school. Someone needs to be home on call for meltdowns and the like. Having just had a quick look, the ancestry visa may suffice for now as I could then legally hire wife to care for son which could be a benefit to my taxes, i assume. Be my guest to
enlighten me should you have any thoughts/ideas
Cheers

[Casa]

Before CR001 explains your options, do bear in mind that your wife won't be able to switch to any other visa category from within the UK while she is here on a visitor visa.

[CR001]

wife will simply come on visitor visa for time being

She might face difficulties in being granted entry (and could be refused entry) as a visitor if you and your son are British and you are living and working here (settled). It could be seen as trying to get around the immigration rules for spouses. My honest advise would be to apply for the proper visa before she travels.

She cannot switch to any other visa category from within the UK as a visitor and will have to leave the UK and return to Australia to apply for any further visas.

Spouse visa (based on your British citizenship) Spouse Visa (Click)
* You need to earn a minimum of £18,600 per annum and have 6 months worth of proof to show this (payslips, banks statements, employer contract and letter etc.
* Or you need to have substantial savings of £62,500 held for at least 6 months in an accessible account.
* Proof of sufficient accommodation
* A spouse visa requires 5 years residence (2 x 2.5 year visas) before she will qualify for indefinite leave to remain and subsequently British Citizenship.
* Pay £956 for the visa application fee for the initial 33 month visa/entry clearance.
* She will need to apply for a further extension on FLR(M) for a further 2.5 years, paying the visa fee and meeting the income requirements as above.
* She is free to work for any employer.

UK Ancestry Visa UK Ancestry Visa (Click)
* This visa only costs £324 and is a single visa valid for 5 years (no extensions and additional fees needed) and she will qualify for indefinite leave to remain and subsequently British Citizenship 5 years.
* She will have to prove her ancestry, documents easy to obtain in the UK if she doesn't have them, i.e. relevant grandparent birth and marriage certificates, relevant parents' birth and marriage certificates, her birth certificate. All need to be the long/unabridged version.
* Proof of intent to look for work.
* Proof of accommodation
* Proof (bank statements) to show that she has sufficient funds to support herself for up to 3 months.

[CR001]

@ Casa - beat me to it this time because I was rapidly typing up the difference

[Casa]

That'll be a first then Char
Just one point, the NHS Surcharge payable for the first 2.5 year period for a spouse visa application will be £600.

Char I'm assuming it will be £1,000 NHS surcharge for an ancestry visa.

[CR001]

@ Casa - yes first time indeed. I will have to lift my game LOL

Australians are exempt from the IHS surcharge hence why I have not quoted it in either scenario. She will need the IHS reference number though.

[neilb12]

Thanks guys for the informative info. For the record, wife was here in 2005 for a year (with a quick return trip midway to Dublin to leave the uk). She entered Manchester where the immigration gave her info on how to get benefits etc. Both she and myson have NHS cards too without any questions.

In any case, cheers, your comments are noted and are valuable to me.
Regards
Neil

[Casa]

@ Casa - yes first time indeed. I will have to lift my game LOL

Australians are exempt from the IHS surcharge hence why I have not quoted it in either scenario. She will need the IHS reference number though.

Thanks Char. Caught me out with one eye on the Greek crisis.

[neilb12]

Just as an afterthought....
If my wife entered on visitor visa, could she not prepare application for ancestry visa then say go on a quick holiday to Cyprus (lol not Greece), and lodge her application whilst outside uk ?

I did that in Canada in 82,well close to. I had to leave in order to enter Canada as perm res. I was in Sault ste marie ontario and had to drive across the bridge into saul ste marie michigan, do a u turn and come into canada as a new resident.

Is that the same ?

[CR001]

Not sure of the requirement to apply from country of residence/nationality though but the application can takes about 3 weeks to process (checking the Australian timeline guidance) and she won't be able to travel as she will need to submit her passport with her application.

She would struggle to provide the documents (as recent as possible before applying) to show her financial circumstances i.e. Australian bank account etc. if she spends time in the UK.

Also bear in mind that HO will have record that she was/is/has been admitted to the UK as a visitor.

UK Immigration rules and processes are very different to Canadas' and both even more stringent now than in 82.

My honest opinion and advice would be to apply for a proper Ancestry entry clearance visa before she travels.

She will still face immigration clearance when she arrives if she tries to enter the UK as a visitor and can still be refused entry, particularly with you now living and working in the UK. There have been many sad members on the forum in recent months experiencing difficulties or refusals with visitor visas etc.

[neilb12]

advise noted thanks

[Casa]

Apart from the issues CR001 has highlighted, she would be unable to apply from a country where she doesn't have legal residence and a visitor visa (or non-visa national) doesn't qualify.

[neilb12]

Right.... Turns out wifes great grand parents were british, not her grand parents.
What visa should she now be applying for and what are the expected timelines ?
Thanks in advance
Neil

[Casa]

CR001's first option - spouse settlement visa. Click on the link she has posted for you.

[neilb12]

Thanks,
one last question..... If my wife applies for the spouse visa as suggested, while she's in Australia. Is there anything that prevents her entering the Uk as a visitor while her application is being processed ? (I understand that she'd have to be out of the uk in order to enter with the later granted spouse visa)

I also understand that she may be asked questions upon entry as a visitor however, I cant see it being illegal for one to apply for a spouse visa and in the interim, come for a holiday.....
Thanks
Neil

[Casa]

She will have to submit her passport with the application, so she'll be unable to travel while she's waiting for a decision.