His current visas is due to expire after the wedding and given he'll soon be my husband, we'd like him to be able to get back into the UK post our trip back to Australia. Ryan did think he could use his Australian passport to re-enter the UK and sort it all out, but fortunately I wanted to double check with Stuart, our immigration advisor.
Stuart explained that if Ryan re-enters the UK without a visa he’ll be treated as a visitor, and won’t be able to switch to a different visa category without going back to Australia. That could mean several months apart, and that’s hardly the ideal start to married life!
We chatted about Ryan’s immigration history and the different options open to him. He could submit a new visa application while they’re in Australia, but if Amy isn’t working it might not be a straightforward process to get a spouse visa. There’s also the option of applying on the basis that he has a British child, but Ryan isn’t keen to ask his ex for a letter of support.
Fortunately, Ryan’s been in the UK on an Ancestry visa for 5 years so he can apply for indefinite leave to remain before he travels. Neither of us want to spend a long time waiting on the application to be decided so we’re arranging a same day service appointment before we travel.
We also chatted about how long we can be outside the UK without putting the indefinite leave in jeopardy, and the long term option of Ryan becoming a dual national. It’s a lot to consider when planning a wedding but thinking about it now saves us a lot of stress later on.