Is my partner eligible for for my Right of Abode?

[Rangela]

I have Right of Abode (Australian with English mother) and wish to transfer these rights to my Australian partner of 7 years. How do I go about it?

[Wanderer]

I have Right of Abode (Australian with English mother) and wish to transfer these rights to my Australian partner of 7 years. How do I go about it?

Ok, I'll have a go...

I don't think you can, you Right of Abode comes from your parentage. Are u in the UK? Both of you?

[Rangela]

Yep we are both in the UK. So it's not transferable through any sort of de facto situation?

Just trying to think of solutions to partners work problems (wants to change job but is sponsored by company on five year work visa).

[Wanderer]

Yep we are both in the UK. So it's not transferable through any sort of de facto situation?

Just trying to think of solutions to partners work problems (wants to change job but is sponsored by company on five year work visa).

Sounds like a job for......Unmarried Partner Visa!!

Have a look at that - two year proveable realtionship akin to marriage.

[JAJ]

Yep we are both in the UK. So it's not transferable through any sort of de facto situation?

Just trying to think of solutions to partners work problems (wants to change job but is sponsored by company on five year work visa).

You can sponsor for an unmarried partner visa. After 2 years on that visa, he can apply for Indefinite Leave to Remain.
http://www.ind.homeoffice.gov.uk

How long it will take him to become a British citizen (after getting Indefinite Leave) will depend on:

1. Do you plan to become a British citizen (based on your other thread)?
2. Are you planning to get married?
3. How long has he already lived in the UK?

[sakura]

Yep we are both in the UK. So it's not transferable through any sort of de facto situation?

Just trying to think of solutions to partners work problems (wants to change job but is sponsored by company on five year work visa).

You can sponsor for an unmarried partner visa. After 2 years on that visa, he can apply for Indefinite Leave to Remain.
http://www.ind.homeoffice.gov.uk

How long it will take him to become a British citizen (after getting Indefinite Leave) will depend on:

1. Do you plan to become a British citizen (based on your other thread)?
2. Are you planning to get married?
3. How long has he already lived in the UK?

Well that's interesting. In her other thread the OP wrote she's been in the UK for about two years now (does she qualify for the 24 full months for an UMP visa?), so can she still sponsor him?

Because.....she has RoA so can register now as British by descent, so then he gets ILR in 2 years' time. However, if she opts for naturalisation for British otherwise than by descent, she has 3 more years to go. But if he gets an UMP visa, he'd have ILR before she is British? Can you see where I'm going with this?

Rangela - your partner can also try the Highly Skilled Migrant's Programme, should all else fail (including the above). I am thinking that they did not move at exactly the same time (quite difficult to get the RoA at the same time as he gets a work permit!), so either he was here first, or she was. But let's see what the OP writes back!

[Christophe]

Because.....she has RoA so can register now as British by descent, so then he gets ILR in 2 years' time. However, if she opts for naturalisation for British otherwise than by descent, she has 3 more years to go. But if he gets an UMP visa, he'd have ILR before she is British? Can you see where I'm going with this?

Yes, and ultimately he could naturalise as British even if she chose not to.

Incidentally, to the original poster, if your partner becomes a British citizen he will be a British citizen otherwise than by descent, so any children that he had after that time would be automatically British by descent if born outside the UK (assuming that he was named on the birth certificate as the father).

[avjones]

British citizenship by descent is often the easiest method. My partner has this - his father was a British citizen, and when my boyfriend was born in Tel Aviv, his birth was registered and he got a passport as a baby. He then came to live in the UK as a young child.

There is, of course, the issue of the children of such a citizen. It's irrelevant in our case, as our son was born in the UK, and anyway I'm a British citizen otherwise than by descent.

[JAJ]

British citizenship by descent is often the easiest method. My partner has this - his father was a British citizen, and when my boyfriend was born in Tel Aviv, his birth was registered and he got a passport as a baby. He then came to live in the UK as a young child.

If his father was British born then he was probably a British citizen (by descent) automatically as soon as he was born.

[avjones]

He was indeed, and that was recognised once his Israeli birth certificate etc had been translated and verified.

It doesn't always matter about children, if the child is born in the UK, there's no problem, or if outside the UK it's fine so long as the other parent is a citizen otherwise than by descent.