BackToAdelaide Posted August 11, 2013 Share Posted August 11, 2013 I know PIO is really about Poms moving to Aus but I've contributed my share of advice in the past so I thought I'd see if anyone can help me. My English fiance wants to return to the UK. He's tried to settle in here but just isn't happy so I've made the big decision to follow him back to the UK. I currently have Indefinite Leave to Remain in the UK from my previous time there but in November this year I will have been out of the UK for 2 years, which I believe will invalidate the ILR. As we will not be ready to go until next year does this mean I will need to apply for a new visa? I should have no problems qualifying for a partner visa, particularly as we will be married by the time we apply, but I'm wondering whether I would have to wait until my ILR expired first? Does anyone have any knowledge of this? And more particularly, could anyone please recommend a migration agent that I could speak to about my situation? If only I'd applied for British citizenship before we left but we didn't think we'd return! Such is life. Thanks in advance. Link to comment Share on other sites More sharing options...
Guest Posted August 11, 2013 Share Posted August 11, 2013 Don't know about that but remember the new rules re a partner visa now. Have to be able to support partner/spouse and earn over a set amount and all that. It's stuffing a lot of couples up. Research up on it all. Link to comment Share on other sites More sharing options...
Jurls Posted August 11, 2013 Share Posted August 11, 2013 I know PIO is really about Poms moving to Aus but I've contributed my share of advice in the past so I thought I'd see if anyone can help me. My English fiance wants to return to the UK. He's tried to settle in here but just isn't happy so I've made the big decision to follow him back to the UK. I currently have Indefinite Leave to Remain in the UK from my previous time there but in November this year I will have been out of the UK for 2 years, which I believe will invalidate the ILR. As we will not be ready to go until next year does this mean I will need to apply for a new visa? I should have no problems qualifying for a partner visa, particularly as we will be married by the time we apply, but I'm wondering whether I would have to wait until my ILR expired first? Does anyone have any knowledge of this? And more particularly, could anyone please recommend a migration agent that I could speak to about my situation? If only I'd applied for British citizenship before we left but we didn't think we'd return! Such is life. Thanks in advance. Will your husband meet the financial requirements for spousal visas that were brought in last year? If not, you would be better to return before the ILR expires? http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/ Link to comment Share on other sites More sharing options...
BackToAdelaide Posted August 11, 2013 Author Share Posted August 11, 2013 Thanks for your responses. Yes we are both working here in Adelaide and earning fairly good money so meeting the requirement should hopefully be fine. Obviously we will have to leave our jobs here to return to the UK but that's implicit in the visa I hope. It certainly was when he applied for the Aus partner visa. Link to comment Share on other sites More sharing options...
BackToAdelaide Posted August 11, 2013 Author Share Posted August 11, 2013 Oh and it's not really practical for us to return before my ILR expires as we're getting married only a few days before and will be spending time with various family and friends that are making the trip over. Link to comment Share on other sites More sharing options...
Jurls Posted August 11, 2013 Share Posted August 11, 2013 Thanks for your responses. Yes we are both working here in Adelaide and earning fairly good money so meeting the requirement should hopefully be fine. Obviously we will have to leave our jobs here to return to the UK but that's implicit in the visa I hope. It certainly was when he applied for the Aus partner visa. I would seriously look into this, the new rules for the UK are nowhere near similar to applying for an Aus partner visa. For a start, I believe it is the British sponsor who must be earning GBP 18,600 minimum per annum (or more if you have dependants) in order to sponsor you. So he will need to be earning that amount in the UK before you can apply. You can get round this if you have a large amount of savings (something like GBP 65,000 I think, but check as I may be wrong). I think you will find that what you are earning in Adelaide is irrelevant for a spousal visa. Link to comment Share on other sites More sharing options...
wakeboard1980 Posted August 11, 2013 Share Posted August 11, 2013 I think you might find that he will have to be earning in the UK to fulfil the support requirement. That's the way I read it when the changes came in last year. I got in a month before the changes ok effect so can't help you by my own experiences. Hopefully someone will give you a name of an agent here as I don't know one. Saying that maybe try Alan Collet on here, I'm sure he has offices in Aus and the Uk and he may be able to help or point you towards someone that can. Good luck. Link to comment Share on other sites More sharing options...
Alan Collett Posted August 11, 2013 Share Posted August 11, 2013 Suggest you might contact Carl Thomas at Visalogic in England: http://www.visalogic.net/ Feel able to send a PM to me if you'd like his email address and phone number. Best regards. Link to comment Share on other sites More sharing options...
BackToAdelaide Posted August 11, 2013 Author Share Posted August 11, 2013 Thanks Alan, have sent you a PM. Link to comment Share on other sites More sharing options...
Alan Collett Posted August 11, 2013 Share Posted August 11, 2013 Thanks Alan, have sent you a PM. Not a problem. You have a reply! Best regards. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted August 11, 2013 Share Posted August 11, 2013 I was reading recently about some immigration caveat that allows you to enter if you've lived in an EU country for a couple of months, without having to have the financial requirement assessed and it might be worth back packing around Europe first. I can't remember if it was on the BBC website, but it was within the past couple of months and it gave both case scenarios for someone in your situation coming straight from a non EU country and then alternatively stopping in an EU country for a couple of months and then entering. It's some EU law that the UK has to abide by. If I can find the link, I can pm it to you if you like. Link to comment Share on other sites More sharing options...
AJ Posted August 11, 2013 Share Posted August 11, 2013 Suggest you might contact Carl Thomas at Visalogic in England: http://www.visalogic.net/ Feel able to send a PM to me if you'd like his email address and phone number. Best regards. They were our agent when we came to Australia, don't think they do Australian Visas anymore but they were really good. Link to comment Share on other sites More sharing options...
BackToAdelaide Posted August 12, 2013 Author Share Posted August 12, 2013 Thanks AJ, that is encouraging. Link to comment Share on other sites More sharing options...
Jurls Posted August 12, 2013 Share Posted August 12, 2013 I was reading recently about some immigration caveat that allows you to enter if you've lived in an EU country for a couple of months, without having to have the financial requirement assessed and it might be worth back packing around Europe first. I can't remember if it was on the BBC website, but it was within the past couple of months and it gave both case scenarios for someone in your situation coming straight from a non EU country and then alternatively stopping in an EU country for a couple of months and then entering. It's some EU law that the UK has to abide by. If I can find the link, I can pm it to you if you like. This is called the Surinder Singh route. There is a lot of info if you google Surinder Singh. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted August 12, 2013 Share Posted August 12, 2013 This is called the Surinder Singh route. There is a lot of info if you google Surinder Singh. Now that you've mentioned it, it IS called that as it's jogged my memory :biggrin:. I really think you should look in to doing it this way OP as I think it really eases the financial burden greatly and it may mean taking time out but look at it as an extended holiday for you. Off now to find the Cod Liver Oil........... Link to comment Share on other sites More sharing options...
Guest Posted August 14, 2013 Share Posted August 14, 2013 Thanks AJ, that is encouraging. H just giving you some info re getting a partner visa for U.K. I would reconsider not returning after your Indefinate leave to remain has expired. I have contacted an agent abotu gettng a visa for myself (I'm Aussie ) Partner is English. We were told we can use my partners earnings in Australia to qualify all good however in order for visa to be granted he must have either a job already over there that earns 18,000 pounds or an definate offer both of which must be permanent jobs. So he would need to return first in order to have found a job. If i already had the indefinate leave to remain i would be going before it expires. Make things a lot easier. Alternately if you have 63,000 pounds in savings you would be ok. Link to comment Share on other sites More sharing options...
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