UK and Irish citizen with Zimbabwean fiancee who has ILR but soon losing it

[Ciaran88]

Hi guys,

I have an Irish and British passport and citizenship, my partner is Zimbabwean but has a blue refugee passport from the UK and ILR in the UK. However we moved from the UK to Australia last year for work and are now applying for Permanent Residence in Australia.

We are looking for practical ways in which my fiancee (marrying next year) will be able to return with me to the UK, as her status in the UK will presumably be taken away from her when she is granted PR in Australia.

Does anyone know if Australian PR grants entry into the UK, or if there are other ways in which she can travel with me to the UK?

Also, I take it she will need to reapply to get her Zimbabwean passport?

[CR001]

as her status in the UK will presumably be taken away from her when she is granted PR in Australia.

As advised last year, ILR is usually lost after an absence of two or more years.

indefinite-leave-to-remain/how-can-some ... l#p1496764

Does anyone know if Australian PR grants entry into the UK,

Not it does not.

or if there are other ways in which she can travel with me to the UK?

If within 2 years, no issue to return with ILR. If after two years, risk traveling and explaining or apply for a returning resident visa.

Also, I take it she will need to reapply to get her Zimbabwean passport?

She risks her ILR status if she applies for a Zimbawean passport as she presumably claimed asylum based on a danger in Zimbabwe.

[Ciaran88]

I see, so there is no reason that she should have her ILR removed just because she is granted Australian PR? That's good and our misunderstanding.

In which case, we are planning to return to the UK next year for a year for study. By the end of that year she would have been in the UK for a period of 360 days "the previous year" and eligible for British Citizenship being married to me?

Seems like a plan.

[CR001]

For citizenship, there is more than just that as a requirements. I will list them.

1. Physically present at the start of the 3 year residence period, counted backwards from the date of application. If she was not present, her application will be refused and the fee lost.

2. No more than 270 days absence in the whole 3 year period immediately preceding date of application.. She will likely fail this requirement.

3. No more than 90 days absence in the final 12 months immediately preceding date of application.

4. Meet the Good Character requirements. Her immigration history might be a problem depending on the sequence of events.

5. Have the Life in the UK test.

6. Meet the B1 English requirement with either a test from an HO approved test provider, a UK degree or UK NARIC Red Route for a foreign degree.