I am English and my dh is Australian. We met in the uk and we came here to Australia four and a half years ago. He was on a spousal visa.
We have been married for 12 years and we have two children who were born in the uk. We still have a house there and it is rented out.
I have wanted to go back home since I got here. Dh hasn't. He wants to stay here but he can see I am unhappy.
We decided that I would go home before Christmas with the dc and he would stay here in his job until I got a job in the uk. He earns more than me (by miles) and didn't want to give up his job and be unable to get one there and be reliant on me earning next to nothing.
He has applied for a returning resident visa and has been refused on the grounds that he has no ties to the uk.
savoy, I know this is more complicated that it should be, but would you consider any other European country? Ireland (I know, dire economy) as a short term means of getting a eu passport and then returning to the UK?
Do you yourself have any claim to another eu passport (eg, an Irish grandparent before partition think that was 1920s/30s?) could get you an Irish passport.
I am just thinking, the way we got our spousal visa was bloody easy and free. It is a right open to all eu citizens, but I am not sure it is open to uk passport holders living in the uk. I wonder though if it is open to uk passport holders NOT living in the uKBut in the eu, iyswim.
Sorry to hear about your mum, it really shouldn't be this hard....
Yes my sister is doing that. Going to see her MP. My dh put in his application that the reason we want to return is that my mother as cancer. I've always wanted to go back but this has definitely pushed the issue. The dc and I are coming back in December anyway.
You have a house in the UK (and family in the same area maybe?) how about contacting the MP for that area by email. I'm assuming that will be where you will return to in December.
They might be helpful and know the answer, they might know a better source of advice. If you have family in the area perhaps one of them could go to the MPs surgery. Are you partly moving back in order to support older family members (now or in the future)?
The UK system is insane. Quite frankly you're British and should be able to bring your immediate family home with you, it's ridiculous.
I'm American and live in France with my French husband, and the system here is nothing like the UK. Basically being married to a French person and especially having a French child, there are almost no grounds under which they could tell me I can't live here. And the visas are much, much cheaper.
I do think the UK laws will have to change at some point.
I would really look into the ancestry visa, if his grandfather was born in Scotland. My grandfather was born in England and I could have gotten a UK passport if I'd been a Commonwealth citizen and living in a Commonwealth country. This may have changed since I looked into it though.
I don't think you should rule out the straightforward spousal visa though. You say the whole point is for you to go over first and get a job that pays well enough to support you all, so might you not reach the income level they want? If your children are British citizens then you only need to make £18,600 (you only pay more for children if you have to sponsor them as well, I think).
You can also claim your rental income as income (usually).
Don't panic and don't give up. I know it's stressful, I went through a nightmare with UKBA some years ago, but you can make it work, you just need to really understand the system. And most important, don't assume anything! Yes for most people it's common sense that your DH has ties to the UK but in UKBA Land 'ties' means something different. So you need to play their game. But it can be done.
Shit, really? Similar situation for us, must get my husband to get citizenship while we are still in the uk.
So, dh and I are australian, but my father is Irish and I have an Irish passport. I got a spousal visa for my husband by exercising my treaty rights as a European citizen. It is not the route you take if you hold an English passport, but perhaps if you apply for that visa from outside of the uk, you can exercise that right? I'm pretty sure that as your kids are from the uk, they could exercise their treaty rights??? Appalling situation, savoy, really appalling.
I exercised my treaty rights while a sahm, so I needed to go down the economic self sufficiency route. Luckily we had a good deposit for a house that we hadn't brought yet, and I could count my husband's income also.
Surely also you could exercise your treaty rights through either the Portuguese or Scottish grandparents? Good luck. A timely reminder for us for dh to get his citizenship sorted.
I cannot see any reason on what you have written that any refusal of UK ancestry visa could be given, if you can prove UK ancestry.
Public funds? Well you didn't claim them last time you were in the UK, you own a house in the UK, you're married to a British citizen..... it's hard for any entry clearance officer to dream up a reason for refusal.
It's a bit on a nightmare Echt, that's for sure. I might be trapped! The house is in both our names but we already told them that when he applied.
Dh and I are looking into his ancestry. We know what it is but not where his grandparents were actually born so we have to speak to his parents. He knows hes grandad was Portuguese but not if he was actually born in Portugal f you see what I mean. His mother's farther was Scottish for sure.
It seems ridiculous if that counts more that being married to an English person for over a decade and having two English children!