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Starting research - dual UK/Aus has never lived UK?

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Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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blisspix
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Joined: Tue Sep 16, 2008 4:49 am

Starting research - dual UK/Aus has never lived UK?

Post by blisspix » Tue Sep 16, 2008 5:52 am

We're just starting our research on the process of getting a visa for my spouse. I'm a UK/Australian dual citizen, and he's Australian. We are thinking of moving to the UK within the next two years. I have a few questions -

I've never lived in the UK - I'm a citizen by descent. Does this count under "returning to live permanently in the UK"?

When I got married I did not have a UK passport at that time. We married in Australia 5 years ago. Will my spouse get ILR on arrival or have to wait the two years?

We intend to apply when my husband gets a job offer, because he is in a specialist industry. I will seek work when I arrive. I am a professional here in Australia and will have savings to support us both. We will also seek a place to rent when we arrive. Will the lack of a job for me and a lease in hand make our application more complex?

thanks very much for any advice!

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Sep 16, 2008 8:45 am

13.7 - Interpreting "present and settled"
Sponsors may be British Citizens. Strictly speaking, a British Citizen who has been resident abroad but who returns to the United Kingdom to live is not ‘admitted for settlement’. However, if he or she expresses the intention of returning to the United Kingdom to reside, you can regard him/her as present and settled here (see Paragraph 13.23 for sponsors who are members of the Diplomatic Service/British Council/HM Forces and DFID serving overseas).
13.15 - Knowledge of Language and Life in the UK (KOL)
As of 2 April 2007, all adults aged 18-65 applying for settlement in the UK need to demonstrate 'knowledge of language and life in the UK' in addition to meeting the usual requirements for settlement. This will also affect spouses/civil partners and unmarried/same-sex partners who previously qualified for ILE under Rules Paragraphs 281(i)(b) and 295A(i)(b). Since 2 April 2007 these applicants must also provide evidence that they have satisfied the KOL requirement before ILE can be granted.
13.5 - Spouses/civil partners and how they qualify
Guidance on how to assess the above qualifications is given in the remainder of this chapter except for that on maintenance and accommodation which is given in Chapter 9.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

blisspix
Newly Registered
Posts: 14
Joined: Tue Sep 16, 2008 4:49 am

Post by blisspix » Tue Sep 16, 2008 12:50 pm

Thank you Vinny. Sounds like the main thing we need to do is to look into arranging for my spouse to take the KOL test.

JAJ
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Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Sep 17, 2008 4:06 am

blisspix wrote:Thank you Vinny. Sounds like the main thing we need to do is to look into arranging for my spouse to take the KOL test.
http://www.lifeintheuktest.gov.uk

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