Goingbacktouk Posted December 22, 2013 Share Posted December 22, 2013 Hi everyone, I've been in Australia just over 3 years, I'm a British citizen, but I have my Australian residency. Unfortunately, my Dad is ill, so need to return to the UK and want to take my Australian partner with me. I thought it would be fairly straightforward, but it seems that it's not! My partner doesn't have any British grandparents - just great-grandparents, so can't claim the ancestry visa. He is under 31 though, could he get a working holiday visa? The plan would be for me to return first and then he would come afterwards as he's currently finishing his helicopter licence. Can anyone recommend any good migration agents? We used a great one to help me get my residency here, but they don't help with visas the other way. Thanks for reading! Link to comment Share on other sites More sharing options...
Guest Posted December 22, 2013 Share Posted December 22, 2013 A WHV would give him options in the short term. Iirc the UK WHV lasts for 2 years but you can only work for a year of it total (or that was the case a few years back). Research more to check the current ins and outs. It's a decent short term option but it will have limits. If you intend to stay past the WHV timeframe you'd need to explore the partner visa option but this will require you to be earning above a certain amount to sponsor your partner. Currently it's around £18,000 per year. Link to comment Share on other sites More sharing options...
Goingbacktouk Posted December 23, 2013 Author Share Posted December 23, 2013 Hi, thanks for your quick response! I've done quite a lot of research and he can work on the UK WHV for the whole two years I believe. The problem is I don't believe that he can swap visas when he's on the UK WHV like I did when I was on the Australian one. I've read some horror stories online of families separated and people going to live in Spain/Italy etc for a few months so they have more rights to bring a non-European partner back into the UK. I think professional advice will be needed! Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 Your best bet would be through marriage or (if you are a same sex couple) a civil partnership. You can do this in Australia and apply for a partner leave to remain or, if you want to come back first, you can apply for a fiance or proposed civil partner route: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/ Link to comment Share on other sites More sharing options...
Goingbacktouk Posted December 23, 2013 Author Share Posted December 23, 2013 Thanks for your reply Quinkla. The problem is we don't meet the financial requirements - e.g. the amount in savings, or the earning £18,600 for 6 months in the UK. Unless I secure a job when I come back first. I'm just so angry that other members of the EU can bring partners into the UK, but British citizens can't, it's absolutely ridiculous! Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2013 Share Posted December 23, 2013 Hi, thanks for your quick response! I've done quite a lot of research and he can work on the UK WHV for the whole two years I believe. The problem is I don't believe that he can swap visas when he's on the UK WHV like I did when I was on the I think professional advice will be needed! It was a few years ago now but my Aus husband swapped from a WHV to a partner visa within the 2 years. This was after we married. Also if he is in the UK with you on a WHV then this gives you plenty of time to find employment to meet the partner visa requirements. Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 I see your problem. You need to thank our compatriots for voting in the present government that changed the rules. I wasn't aware of the changes until now and they are eye-watering. Link to comment Share on other sites More sharing options...
Goingbacktouk Posted December 23, 2013 Author Share Posted December 23, 2013 Hi Snifter, it says on the UK immigration website that you are not able to swap visas once you are there. I'm not sure if there are ways around this, so think that's why we need professional help. Quinkla - I know, it's ridiculous, there's one thing being 'tough on immigration' but not when it affects British-born citizens. I've just emailed the Daily Mail the following: Hi, I'm emailing you as I want to draw attention to what is happening to a lot of British citizens living in other parts of the world, such as Australia, who want to return home. I've been living in Australia for the last 3 years with my Australian-born partner, unfortunately my dad is sick and we need to move home to the UK. Something which we had planned to do anyway in the future, but now the need is more urgent. I thought this would be quite a straight-forward process, after all, Australia is part of the Commonwealth. This, however, is not the case. In order for my partner to get a visa to come with me I need to have been working in the UK for 6 months earning at least £18,600 so I can 'sponsor' him to come, OR we need to have over £62,000 in the bank. We have savings, but not that much and obviously I'm living in Australia, so I haven't had a job for 6 months in the UK. Also, it doesn't matter if your family promise to house you, feed you etc. They simply don't care. If I have a job offer for £18,600 and can show earnings in Australia for the last year, that is OK too. But they do not take into account what my partner has earned. Also, I suspect it would be quite difficult to get a job offer whilst I'm not in the country! They don't take into account that he is a qualified helicopter pilot, or that he served in the commonwealth Navy for over 6 years, (including several months in the UK!) - so we would not be a burden on tax-payers - I've never claimed benefits in my life, nor do I intend to. If this didn't make me angry enough, I found out that if I was an EU national from another country I could come to the UK and bring a non-EU partner with me. WHAT?! That's right, EU citizens, NOT BORN in the UK have more rights IN THE UK than me. This is forcing some British citizens to go and live in places like Spain for 3 months with their non-EU partners and then exercise their EU rights to bring their partner with them. I know the UK needs to get tough on immigration, but how can it be tougher on people born and bred in the UK who simply want to come home with a partner born in our Commonwealth than someone else born in Europe? It's absolutely disgraceful and breaching several human rights. It looks like my option is to return home for 6 months on my own and find a job over the threshold and then sponsor my partner to come over? Which means I will have limited support off my partner during a very difficult time. Not to mention that we will have to pay almost £2000 to apply for the visa, but if I was from another EU country (you guessed it) there would be no fee. Maybe the best thing to do would be to come home and seek asylum? Any assistance you could offer in drawing attention to this would be much appreciated. I read the Daily Mail online literally every day from Australia and I'm not just saying that, it's great for staying in touch with what's going on back home. Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2013 Share Posted December 23, 2013 The partner requirements are crap. I don't agree with them at all and it leaves couples with very difficult options. I don't get why they didn't just bring in a temp partner visa for say 3 years with no recourse to public funds during this time or some such. The salary requirement leaves many couples stuffed, women who are SAHM or only work part time around the kids and so on, families with a few kids, so many areas where the financial rule does for them Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 The partner requirements are crap. I don't agree with them at all and it leaves couples with very difficult options. I don't get why they didn't just bring in a temp partner visa for say 3 years with no recourse to public funds during this time or some such. The salary requirement leaves many couples stuffed, women who are SAHM or only work part time around the kids and so on, families with a few kids, so many areas where the financial rule does for them I agree that the current requirements are unfair (not least having to live on temporary visas for 5 years) but the outcome is 100% as intended: http://www.ind.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/40-migration. The intention is to deter people from using marriage or partnership as a means to migrate. The UK only wants migrants who can migrate under their own steam. Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2013 Share Posted December 23, 2013 Hi everyone, I've been in Australia just over 3 years, I'm a British citizen, but I have my Australian residency. Unfortunately, my Dad is ill, so need to return to the UK and want to take my Australian partner with me. I thought it would be fairly straightforward, but it seems that it's not! My partner doesn't have any British grandparents - just great-grandparents, so can't claim the ancestry visa. He is under 31 though, could he get a working holiday visa? The plan would be for me to return first and then he would come afterwards as he's currently finishing his helicopter licence. Can anyone recommend any good migration agents? We used a great one to help me get my residency here, but they don't help with visas the other way. Thanks for reading! I feel your pain, anger and frustration we are in the same position as you and your partner. Only as we are older i will not have the option of a working holiday visa. Seems as you said so unfair that eu citizens born out of the uk have more rights to bring in their non eu partner than uk born citizens. We are currently working our way towards a solution. I did hear about someone lodging an appeal about the financial requirements in this situation in the human rights courts but no outcome has been brought down yet. As a consquence of this action all partner/ spouse visa application are now on hold. Lets hope it's agood outcome for people in our situation. Good luck to you both. Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2013 Share Posted December 23, 2013 It was a few years ago now but my Aus husband swapped from a WHV to a partner visa within the 2 years. This was after we married. Also if he is in the UK with you on a WHV then this gives you plenty of time to find employment to meet the partner visa requirements. You can no longer swap form a working holiday visa to a partner visa. All partner/spouse visa must be lodged of shore in country of birth/ residence. Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 I did hear about someone lodging an appeal about the financial requirements in this situation in the human rights courts but no outcome has been brought down yet. As a consquence of this action all partner/ spouse visa application are now on hold. Lets hope it's agood outcome for people in our situation. Good luck to you both. It has been heard in the UK High Court which found that although the new laws are disproportionate and unjustified, they are not unlawful: http://www.bbc.co.uk/news/uk-23198144 Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2013 Share Posted December 23, 2013 I have spoken to a company called migration expert can't say how good they were because we haven't used there services but they were very helpful with giving us advice on what we needed to do etc. Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2013 Share Posted December 23, 2013 It has been heard in the UK High Court which found that although the new laws are disproportionate and unjustified, they are not unlawful: http://www.bbc.co.uk/news/uk-23198144 Oh i see so no change then. Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 Oh i see so no change then. Of course not. If people elect an anti-immigration party to government they can't be surprised when they bring in anti-immigration policies. Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2013 Share Posted December 23, 2013 Of course not. If people elect an anti-immigration party to government they can't be surprised when they bring in anti-immigration policies.non I didn't elect anybody to discriminate against anybody in my or similar situation. All we asking is to be treated they same way as a non U.K. born EU citizen in regards to bringing a non eu born partner to live in the U.K. If U.K. born citizens have to abide by such harsh conditions in regards to their non E.U. born partners why don't E.U. citizens born outside the U.K. It's just plain wrong it should be the same for everyone and it's clearly not. Link to comment Share on other sites More sharing options...
Sarahelle Posted December 23, 2013 Share Posted December 23, 2013 I'm in the same position as you guys - I'm British, fiancee is Australian and therefore cannot return to the UK unless we comply with requirements, even more difficult now because I have a baby so can't go back for 6 months to get a job! Good luck, I hope you manage to find a way around this. Now this has happened, I feel I'm not welcome in my homeland. Sad. Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 I didn't elect anybody to discriminate against anybody in my or similar situation. You might not have done but plenty of people did. All we asking is to be treated they same way as a non U.K. born EU citizen in regards to bringing a non eu born partner to live in the U.K. If U.K. born citizens have to abide by such harsh conditions in regards to their non E.U. born partners why don't E.U. citizens born outside the U.K. It's just plain wrong it should be the same for everyone and it's clearly not. In a way, you are being treated the same. A Spaniard living in London could not bring in an Australian partner. A Spaniard living in Sydney could not bring an Australian partner to the UK. The only way the Spaniard can get the Australian partner to the UK is first to get the partner a visa to live in Spain - at which point the country of birth is irrelevant, it is about having the right to live in one EU state being recognised by other EU states. The bottom line for people in the UK is - if you don't like Tory policies, don't vote Tory. It amazes me how quickly people forget the lessons of last time. Link to comment Share on other sites More sharing options...
Killara Posted December 23, 2013 Share Posted December 23, 2013 .....A Spaniard living in London could not bring in an Australian partner. A Spaniard living in Sydney could not bring an Australian partner to the UK. The only way the Spaniard can get the Australian partner to the UK is first to get the partner a visa to live in Spain... ...it is about the right to live in one EU state being recognised by other EU states. All of this is incorrect. EU citizens have the right under EU law to live and work in any other EU country and for their spouse to live with them in that other EU country .. it is about one of the fundamental freedoms under EU law: the freedom of movement... so a Spanish citizen living in Sydney might not be able to bring their Australian spouse to Spain, but would be able to bring their Australian spouse to the UK. It is a European Union right of freedom of movement of EU citizens within the EU (which includes taking spouse) - that is why it is possible to take the non-EU spouse to another EU country but not to the 'home' country of the EU citizen (as the EU citizen is not exercising the freedom of movement right when in the 'home' country of the EU citizen). (see Directive 2004/38/EC http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004L0038:20040430:EN:PDF) and on the non-EU spouse not requiring prior lawful entry to an EU Member State: Case C127-08: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62008J0127:EN:HTML Link to comment Share on other sites More sharing options...
Guest Posted December 24, 2013 Share Posted December 24, 2013 I'm in the same position as you guys - I'm British, fiancee is Australian and therefore cannot return to the UK unless we comply with requirements, even more difficult now because I have a baby so can't go back for 6 months to get a job! Good luck, I hope you manage to find a way around this. Now this has happened, I feel I'm not welcome in my homeland. Sad. My partner also feels the same way as you do. Link to comment Share on other sites More sharing options...
Guest Posted December 24, 2013 Share Posted December 24, 2013 All of this is incorrect. EU citizens have the right under EU law to live and work in any other EU country and for their spouse to live with them in that other EU country .. it is about one of the fundamental freedoms under EU law: the freedom of movement... so a Spanish citizen living in Sydney might not be able to bring their Australian spouse to Spain, but would be able to bring their Australian spouse to the UK. It is a European Union right of freedom of movement of EU citizens within the EU (which includes taking spouse) - that is why it is possible to take the non-EU spouse to another EU country but not to the 'home' country of the EU citizen (as the EU citizen is not exercising the freedom of movement right when in the 'home' country of the EU citizen). (see Directive 2004/38/EC http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004L0038:20040430:EN:PDF) and on the non-EU spouse not requiring prior lawful entry to an EU Member State: Case C127-08: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62008J0127:EN:HTML Thank you that's exactly how i understood it to work. So is it correct if we were to say go and live in another eu country for a time we would be able move to the U,K, without satisfying the restrictive requirements that are involved in just coming from Australia direct??? Link to comment Share on other sites More sharing options...
Killara Posted December 24, 2013 Share Posted December 24, 2013 .... So is it correct if we were to say go and live in another eu country for a time we would be able move to the U,K, without satisfying the restrictive requirements that are involved in just coming from Australia direct??? Yes, that is correct. That was decided in the Surinder Singh case (http://www.bailii.org/eu/cases/EUECJ/1992/C37090.html), and is now given effect to in UK Law by Regulation 9 of The Immigration (European Economic Area) Regulations 2006 (http://www.legislation.gov.uk/uksi/2006/1003/pdfs/uksi_20061003_en.pdf) which treats the UK national in these circumstances as though the UK national were a citizen of an EEA member state exercising freedom of movement rights. For the UK Home Office operational guidance on this, see page 35 of the UK Home Office's guidance on the Regulations and Free Movement of Persons Directive: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/07-eea-swiss-ec/eea/eea-swiss?view=Binary#page35 Link to comment Share on other sites More sharing options...
Phoenix16 Posted December 24, 2013 Share Posted December 24, 2013 I feel for you, I fail to see how a qualified helicopter pilot isn't going to be a productive part of british society, ie clearly imtelligent, and im flawed you can't get a visa, it seems wrong on many levels, I do understand and sympathies with the immigration rules yet I think in their wisdom, they perhaps have it wrong. The fact a UK citizen cannot return with their family until they earn at least &18000 is crazy, your situation is in my opinion fundamentally wrong, the policy is possibly hurting those it was never intended to affect, Mr Cameron, get your act together xxxxxxx Link to comment Share on other sites More sharing options...
Melbkitty Posted December 27, 2013 Share Posted December 27, 2013 This is frightening to read. I'm pregnant & my partner is Aussie - more and more I think down the line I'd like to spend some time living in the Uk as a family but it looks almost impossible! This policy could separate families...I think that is just awful Link to comment Share on other sites More sharing options...
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