Australian Parent seeking extended visit to UK

[stuckinOz]

Hoping someone can help me please.

Both myself (33 yrs old) and my brother (36 yrs old) live in the UK on UK passports, I have been here for 8 years and my brother 2 years. Our father was born in the UK (although has since moved to Australia).

My mother is 67 years old and wanting to travel to the UK for a 12 to 18 month period as both her children are here. She was born in Australia and lived there her whole life. She and my father we married in 1977 for 11 years. My father has since remarried. She is retired but not dependent on my brother and I.

Any advice on how I can get her here for an extended period of time. I thought the Right to Abode visa might be suitable but I am not sure as my father has remarried (and I don't know if he would agree to the documentation he has to provide). Please help, any advice would be useful. Thank you in advance.

[Wanderer]

Can't see how she's entitled to RoA, since it doesn't seem she's ever lived in UK, think the only option is is tourist visas, subject to the 'genuine visitor' tenet, which usually means 6 months in every 12.

There's a Adult Dependent Visa, but it doesn't sound like she's dependent, and in case it costs nearly 2,000 quid and almost zero chance of being granted (search the site).

[MPH80]

Wanderer - I'm not familiar with the ROA rules - but reading them through on the UKBA site - I didn't get the impression she needed to have been resident in the UK.

The commonwealth citizen rules appear to say that she just had to have been married to a british citizen on December 31st 1982 AND have been a commonwealth citizen on that day AND not given up (at any point since then) her commonwealth citizenship AND her (now ex) husband hasn't brought a new wife in.

[Wanderer]

Wanderer - I'm not familiar with the ROA rules - but reading them through on the UKBA site - I didn't get the impression she needed to have been resident in the UK.

The commonwealth citizen rules appear to say that she just had to have been married to a british citizen on December 31st 1982 AND have been a commonwealth citizen on that day AND not given up (at any point since then) her commonwealth citizenship AND her (now ex) husband hasn't brought a new wife in.

I read them too! I thought some sort of residency was required or commonwealth citizenship so maybe you are right.

[stuckinOz]

Thank you both for your response. Sounds like she might be eligible is there isn't any stipulation for her to have lived in the UK.
Thanks again.

[newperson]

I have actual recent experience with this type of application.

My mother is a Canadian (thus, Commonwealth) citizen by birth who was married to a British citizen by descent. She married him in 1968 and was still married to him on 31 December 1982 (although they later divorced). She has always been a Canadian citizen. Until the application, she had never lived in the UK.

The Right of Abode application for her was incredibly simple. All she needed was her birth certificate, proof of Canadian citizenship, her marriage certificate and proof of my dad's British citizenship (we used a UK consular registration of birth). No financial information required.

The Certificate of Entitlement to Right of Abode was placed in her passport with the same expiry date as the passport. It can be subsequently renewed as required.

After five years residence in the UK, your mother can immediately apply for citizenship, subject to other requirements.

[sagareva]

right of abode is something certain commonwealth citizens have regardless of whether they have ever set foot in the UK

so if she is otherwise qualified, which it sounds like she is, UK residence is not required

not sure whats with your father being remarried though, need to look into this

[sagareva]

i think your mother is still fine if your father's later wife has not claimed ROA
----------------------
A woman claiming the right of abode through marriage will cease to qualify if another living wife or widow of the same man:
is (or has been at any time since her marriage) in the UK, unless she entered the UK illegally, as a visitor, or with temporary permission to stay; or
has been given a certificate of entitlement to right of abode or permission to enter the country because of her marriage.
However, this restriction does not apply to a woman who:
entered the UK as a wife before 1 August 1988, even if other wives of the same man are in the UK; or
who has been in the UK at any time since her marriage, and at that time was that man's only wife to have entered the UK or to have been given permission to do so.