Ancestry or Spouse Visa for Australian moving to the UK

[hopeful21]

Hi, hope this is the right place as this is my 1st post. I need some advice on my situation, I am an Australian citizen and have always lived here however my partner is a British citizen was born and always lived there until 3 years ago when he came to Australia on a sponsored visa. We are not married but we have a 13 month old son. We have decided that in the next 6-12 months that we would like to move permanently to England as we feel it is a better life for our son, and to be closer to my partners family. I am trying to do a little research just to get my head around the opinions for me moving there. Am I correct in thinking that there will be no issues with our son getting British citizenship? He already has an Australian passport. For myself I am unsure if the best option is to go down the road of a spouse visa etc, or to go down the road of an ancestry visa (if I am even eligible). My Grandmother on my fathers side was born and lived in England until her late 20s when she moved to Australia with her Hungarian husband. I have no idea whether she gave up her citizenship when she moved or if this matters. They did return to England to live for a few years here and there when my father was growing up. The reason I am leaning towards an ancestry visa is because I have been led to believe this would give me more 'rights' than a spouse visa. We are going to look for a visa adviser in the next few weeks so see where we stand but I would love if anyone on here could give me any general info so I can wrap my head around what I may need to do, or would love to here if anyone has been in a similar situation and what they did. Thanks in advance

[Greenie]

Not sure why you think you would have more rights on an ancestry visa-this is not correct.

How long have the two of you lived together? Do either of you have an offer of employment in the UK? Do you have savings?

[hopeful21]

I thought for some reason it would be easier for me to work, and for health care etc on an ancestry. So is it much the same weather I go on a spouse or ancestry? My partner has an excellent job, he works for a British company in Australia and will be able to transfer back and work in the UK when we move. I probably won't want to work for a little while as our son is still young but I hope to in the next couple of years. He (we) also own a house in the UK. We have lived together 2 years. Yes we have plenty of savings, we are very well set up.

[Greenie]

An ancestry visa is a work visa. You don't get easier access to the health service or work than on an unmarried partner visa. Currently it takes 5 years to be eligible for settlement on an ancestry visa and two on the unmarried partner/spouse visa although note they are proposing to increase the period for the spouse visa possibly to 5 year also. However The ancestry visa does require you to show you intend to work so as you don't intend to for the first few years the unmarried partner visa is far more appropriate. Given that they may increase the probationary period for the unmarried partner/spouse visa up to 5 years you might want to consider making the application sooner rather than later if possible.

[hopeful21]

Thank you very much that helps clear up the differences for me, will look into the spouse visa straight away.

[vinny]

See also Guidance.

Preferably apply for spouse visa before April.

Postdate visa up to three months possible.