moving the family to the uk

hello and i hope somebody out there can help me as i think my situation is a little complicated. I have been living in Australia since january 2002 and i have permanent residency here. My wife and i are thinking of moving to the U.K. My wife has never been to the uk. Here is where it gets a little complicated. my wife has 3 children from a previous relationship and we have 2 children from our relationship. I`m not sure what visa to go for to bring my wife and all the children back to the uk with. Could anyone tell me if My 2 children could obtain dual nationality as i am a uk citizen and if this would make it easier to bring them to the uk. can i apply for seperate visa`s for my 2 kids and bring my wife and the other 3 kids over on a different visa. I know its a long post and a little complicated, i just hope somebody can help me. Thanks in advance

OK, so you are a British Citizen so obviously don't need a visa. That's the easy part!

Your children ... the two of which you are the biological father ... yes, contact the BHC and get that process in hand to get them British Passports.

If you go to the www.ukvisas.gov.uk website you will see that your non-British family members all need settlement visas to enter the UK. That applies to your wife and indeed your step-children.

But the step-children? Does your wife have Sole Custody of those children? If not she needs to start trying to get that Sole Custody because without that there in no way the BHC will issue them with child settlement visas unless your wife does have sole custody.

By the way, how old are the children?

This webpage will help you considerably. Note that the application fee per settlement visa .... and you will need four of them .... is A$637 each! Ouch!

Luckily getting your two children British Passports will be "only" A$111 each ... more from this webpage.

mugwump wrote:hello and i hope somebody out there can help me as i think my situation is a little complicated. I have been living in Australia since january 2002 and i have permanent residency here.

Are you eligible for Australian citizenship? If so, have you thought about becoming an Australian citizen yourself before even thinking about leaving for the UK?

Your wife and presumably your children are Australians, you should really take the opportunity to have the same nationality rights. Otherwise you run the risk of losing your permanent resident status in Australia and not having the right to return.

After you move to the UK (subject to John's point about her having sole custody or consent from the other parent to remove the children from Australia) your wife will be able to become a British citizen after 3 years in the UK. If they are still under 18 at the time, your step-children will be able to be registered as British citizens at the same time.

if my wife has permission from the father does it make a difference if she does not have sole custody? My step children are 13,11,and 6. Thanks a lot for the help,it is very mych appreciated

if my wife has permission from the father does it make a difference if she does not have sole custody?

I think the answer is "yes", she does need to have Sole Custody, but why don't you ask the BHC their in Australia? See if they would be OK merely with your wife having permission from the children's biological father. I think I know what the answer will be ... but?

Clearly you need to get this clarified first before applying for any visas. But nothing to stop you going ahead and getting British Passports for the two younger children.

By the way, how long have you and your wife lived together? Less than four years? Or four years or more? It could make a difference to the sort of visas issued to your wife and step-children.

we have been living together for four years now. would this make a big difference?

Four years already? Yes, it means that instead of two-year visas being issued they should be issued ILE .... Indefinite Leave to Enter. That is far better because it gives more certainty to the right to live in the UK. That is, it cuts out the need to apply for Indefinite Leave in the UK in two years time.

But you need to prove that the two of you have been living together for a minimum of four years, and it will be worth specifically mentioning ILE to the BHC. Not all British Missions are totally up-to-speed with their ability to issue ILE where a couple have already lived together outside the UK for at least four years.

The children's visas? They will get exactly the same type as their mother, and that should be ILE, if the four years can be proved.