spouse visa - restrictions or rules??

[ayoungoz]

My wife is eligible for right of abode (her mother was born in UK) and I am entitled to settlement (spouse) visa BUT she must be "settled and present" in UK.

So my question is can I enter in UK without my wife present? Because with settlement visa I can look for job and if I find it, I will then bring my wife to join me. And if I find a job, how long before my wife HAVE to be "settled and present" in UK as we have to get our house in Australia ready to rent out etc.

Other question is if my wife is naturalised (UK citizen with approx 4 months waiting list at the moment) does same restrictions apply to me on settlemet (spouse) visa or I can try other visa such as 'husband of UK citizen' something like that?

I hope to arrive in UK in February 2007.

Lastly, I tried HSMP but the problem is I have over 10 years experience including 5 years experience with MCSD and MCAD but was told by MyITG that it does not count but without MCSD and MCAD no one can do my job where I am right now so that is technical expertise required to do the job and my contract lists MCSD and MCAD as desirable skills so does that qualify me as 50 points in work experience instead of 25 points for 5 years at graduate level.

So if someone else can tell me that I should have 50 points instead of 25 points for work experience section in HSMP then I would have 75 points enough to get HSMP permit.

[JAJ]

My wife is eligible for right of abode (her mother was born in UK) and I am entitled to settlement (spouse) visa BUT she must be "settled and present" in UK.

So my question is can I enter in UK without my wife present? Because with settlement visa I can look for job and if I find it, I will then bring my wife to join me. And if I find a job, how long before my wife HAVE to be "settled and present" in UK as we have to get our house in Australia ready to rent out etc.

You might find the comments on this thread of interest:
http://www.immigrationboards.com/viewtopic.php?t=9917

(ignore the bits about EEA Family Permits)

Citizens of the Republic of Ireland are in pretty much the same position as Right of Abode holders. The Immigration Rules do seem to say that a person who "will be admitted for settlement" may sponsor for a spouse visa on the same basis as someone resident in the UK.

There may be issues with the spousal maintenance and accommodation issues. It's a grey area, sorry.

Other question is if my wife is naturalised (UK citizen with approx 4 months waiting list at the moment) does same restrictions apply to me on settlemet (spouse) visa or I can try other visa such as 'husband of UK citizen' something like that?

I presume you mean if your wife is registered as a British citizen,if she is going to apply on the basis of her UK born mother? There is a difference between registration and naturalisation.

If your wife is registered as a British citizen, she will be British by descent and hence will face restrictions on passing on her citizenship to future children you have born in Australia (or elsewhere outside the UK).

HOWEVER - if she does become a British citizen, you will be able to naturalise as British after three years in the UK (as you will be the spouse of a British citizen), and you will be British otherwise than by descent.

On the other hand, if she sticks with her Right of Abode stamp, you will both only be eligible for naturalisation after five years in Britain.

So :

- how long do you both intend to stay in the United Kingdom?;and
- where and when do you intend your future children to be born?

[ayoungoz]

It will only be for 6 months and it is like a trial as to whether we like it and we will make it a permanent move a year later to make arrangements to move out of house and rent it out, put in storage, etc. So the first move in February 2007 is just a short period as a trial.