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return to UK with family

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tuleh
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Posts: 1
Joined: Sat Jul 02, 2022 1:45 pm
New Zealand

return to UK with family

Post by tuleh » Sat Jul 02, 2022 1:47 pm

Hi All, So we've been living in NZ for just over 10 years now. My partner is Italian and I'm British. We've had 2 kids since living here and now we are looking to move back to the UK to live and work.
We were previously together for 3 years in the UK prior to leaving for NZ.
Anyone know what kind of visa my partner needs to apply for to join me and our kids back home. Family visa, and that's just for a limited time? or are there any others considering we have missed the Brexit cut-off date for moving back home. cheers.

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alterhase58
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Posts: 8729
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: return to UK with family

Post by alterhase58 » Sat Jul 02, 2022 5:11 pm

You may wish to review the information given on this official site:
https://www.gov.uk/guidance/returning-t ... -to-the-uk
Section: Bringing family members to the UK - "Family Visa"
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Posts: 11528
Joined: Thu Feb 21, 2013 9:29 pm

Re: return to UK with family

Post by secret.simon » Sat Jul 02, 2022 5:15 pm

tuleh wrote:
Sat Jul 02, 2022 1:47 pm
We were previously together for 3 years in the UK
Which three years? Did your Italian partner exercise any treaty rights (such as by working) during those three years in the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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alterhase58
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Posts: 8729
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: return to UK with family

Post by alterhase58 » Sat Jul 02, 2022 5:17 pm

[sorry got timed out ....]
As your EU national partner did not reside in the UK on 31 December 2020 she is subject to normal UK immigration requirements (i.e. not covered by the UK-EU Withdrawal Agreement). Others with more knowledge of family visas may comment further on the complexities involved.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: return to UK with family

Post by manci » Sat Jul 02, 2022 6:06 pm

Your partner will need a family (spouse) visa, see:
https://www.gov.uk/uk-family-visa/partner-spouse

This visa can lead to settlement after 5 years. The initial visa will be for 33 months and can be renewed for a further 2½ years after which your partner will be eligible for Indefinite Leave to Remain (ILR) and naturalisation as a British citizen.

The financial requirements are complex, see:
https://www.gov.uk/government/publicati ... ly-members

Do your children have British passports?
Personal opinion, not professional or legal advice

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