Wanderer Returns Posted January 2, 2014 Share Posted January 2, 2014 Hi and a very Happy New Year to one and all! I've been living in Aus for 10 years and I'm now both an Australian and British citizen. My wife is on a Thai passport and also has Australian residency. We want to return to the UK in 2014 to take care of my mum who is now 84 and struggling to live independently - she has no other family here in the UK. My wife wants to be my mum's carer and I will return to teaching in the UK (am I mad?!) having spent the last 3 years working for Education Queensland. I appreciate that I will need to read up on this in some detail, but I was hoping some of you may have done this recently and have a few ideas about the easiest way for my wife to obtain residency in the UK? As I'm no longer a resident in the UK myself, I don't think I'll be able to sponsor her as I did when she first came to Australia. Any and all suggestions are welcome! Regards, Mart. Link to comment Share on other sites More sharing options...
Guest Posted January 2, 2014 Share Posted January 2, 2014 Hello and welcome You may struggle with regards to the partner visa as there are now minimum financial requirements the sponsor has to meet. Mainly an income of over £18,000 or so PA. And proof of this for 6 months iirc before application can be lodged. Or to prove funds of over £60,000 or so, think it's a bit more even. Other than that I can't think of anything visa wise but hopefully others can. The new partner visa requirements have been catching out a lot of couples who want to return to the UK. Read up in the UK partner visa anyways as if you can secure work in the UK you should then be able to sponsor your wife. Just there may be a bit of time apart. Link to comment Share on other sites More sharing options...
Guest Posted January 2, 2014 Share Posted January 2, 2014 Here is the link for the financial requirement 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...
bunbury61 Posted January 2, 2014 Share Posted January 2, 2014 Hi and a very Happy New Year to one and all! I've been living in Aus for 10 years and I'm now both an Australian and British citizen. My wife is on a Thai passport and also has Australian residency. We want to return to the UK in 2014 to take care of my mum who is now 84 and struggling to live independently - she has no other family here in the UK. My wife wants to be my mum's carer and I will return to teaching in the UK (am I mad?!) having spent the last 3 years working for Education Queensland. I appreciate that I will need to read up on this in some detail, but I was hoping some of you may have done this recently and have a few ideas about the easiest way for my wife to obtain residency in the UK? As I'm no longer a resident in the UK myself, I don't think I'll be able to sponsor her as I did when she first came to Australia. Any and all suggestions are welcome! Regards, Mart. Mart , all due respect to you for looking after your mom ......we are doing it right now , it isn't easy mate .....but its about doing the right thing . Link to comment Share on other sites More sharing options...
Wanderer Returns Posted January 3, 2014 Author Share Posted January 3, 2014 Mart, all due respect to you for looking after your mom ......we are doing it right now , it isn't easy mate .....but its about doing the right thing . I totally agree, Bunbury. It's the modern way to shove the oldies into a home and even though some don't mind going into residential care the majority, including my mum, want to stay in their own home, which she has lived in for 30 years. With the best will in the world she'll probably only be with us for another 5-10 years, after which we can return to Australia, should we choose. Education Queensland will even keep my job open with unpaid leave of absence for up to 3 years, which is pretty good really. I was reading the link that Snifter sent me (thanks!) and it seems that if I can get a job in the UK (paying more than £18,600) before I arrive, then we can apply for my wife's visa straight away rather than having to wait 6 months, because I'm currently employed full-time in Australia. Of course, getting a job in the UK whilst still in Australia is easier said than done, although probably still a lot easier than trying to do it the other way around! Cheers, Mart. Link to comment Share on other sites More sharing options...
Marisawright Posted January 14, 2014 Share Posted January 14, 2014 If you're a British citizen and can meet the financial requirement, you can apply for her to come with you on a spouse visa. Residency doesn't matter - it's enough that you're intending to relocate back permanently. That will get her entry for two years, after which she can apply for permanence. There is a minimum length of relationship but I can't recall what it is. Link to comment Share on other sites More sharing options...
Wanderer Returns Posted January 23, 2014 Author Share Posted January 23, 2014 Hi Marisa, thanks for your reply. I think the issue for us will be meeting the new financial requirements because it will now be necessary for me to obtain a job in the UK paying more than GBP 18,600 per annum before I can sponsor my wife. As a school teacher my salary would be more than that, but finding a job whilst still residing in Australia will be more of a challenge. The dilemma is that if I leave my current position and return to the UK, then I will no longer fulfill the other requirement of being in gainful employment for the 6 months prior to making the application. Chicken and egg really. It would seem that these new regulations introduced a year or so ago put returning UK citizens and their families at a disadvantage, while the flow of European migrants into the country seems to continue unrestricted. I’d be interested to hear from anyone who has first-hand experience of returning to the UK from Australia in the last year or so with a non-European partner and whether it was problematic. Kind regards, Mart. Link to comment Share on other sites More sharing options...
boganbear Posted January 23, 2014 Share Posted January 23, 2014 The page also says [h=3]Exemptions[/h]You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK. You will need to show that your sponsor can maintain and accommodate you without access to public funds. So if you are going back to care for your mother and qualify for carers allowance i think you will be OK and exempt from the stupid rule. Link to comment Share on other sites More sharing options...
Marisawright Posted January 23, 2014 Share Posted January 23, 2014 Hi Marisa, thanks for your reply. I think the issue for us will be meeting the new financial requirements because it will now be necessary for me to obtain a job in the UK paying more than GBP 18,600 per annum before I can sponsor my wife. As a school teacher my salary would be more than that, but finding a job whilst still residing in Australia will be more of a challenge. The dilemma is that if I leave my current position and return to the UK, then I will no longer fulfill the other requirement of being in gainful employment for the 6 months prior to making the application. Chicken and egg really. Could you take annual leave to go to the UK and see if you can find work? Of course it would probably mean you'd have to go back to the UK before her, to start the new job - but the turnaround time for her visa would be pretty short, (at least that's what we've been told). Alternatively, have you studied the financial requirements document? If you don't have an income, there is a savings option that might work for you. Link to comment Share on other sites More sharing options...
Wanderer Returns Posted January 24, 2014 Author Share Posted January 24, 2014 The page also saysExemptions You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK. You will need to show that your sponsor can maintain and accommodate you without access to public funds. So if you are going back to care for your mother and qualify for carers allowance i think you will be OK and exempt from the stupid rule. Hi and thanks for your posts. I'd also been considering this route as it quite nicely circumvents the financial requirements and we have a genuine reason with my mum needing care. However, I need to look into whether it's possible for me to apply to be my mum's carer before leaving my job in Australia or arriving back in the UK. I would imagine that to apply to be a carer I would actually need to be resident in the UK first. Apart from that, our plan is for my wife to do that and claim the carer's allowance, whilst I would find a more appropriate job. Good idea though - thanks! :-) Link to comment Share on other sites More sharing options...
Kirsty Jones Posted January 26, 2014 Share Posted January 26, 2014 Hi Wanderer returns... I am so glad I found your post. I haven't read other peoples replies if Im honest. I thought you may appreciate me sharing my personal expereince briefly. I returned from Oz with my family (who were happy in OZ) to help my mother in March 2013. We are now planning our return to Oz. We have found it so hard and depresing- it wasnt just her who now felt isolated it was us. There is a visa you can apply for where you sponsor a lone family member to move to Oz... specifically designed for this reason. In hindsight this would have been a far better option for us. Maybe it could be an option for you too? Good luck. (Ps the govt carers allowance is only about £60 so not very hepful considering how many hours you have to put in.) Link to comment Share on other sites More sharing options...
Kirsty Jones Posted January 26, 2014 Share Posted January 26, 2014 Its the 'aged dependant relative catagory' Link to comment Share on other sites More sharing options...
Flathead Posted January 26, 2014 Share Posted January 26, 2014 There is a visa you can apply for where you sponsor a lone family member to move to Oz... specifically designed for this reason. In hindsight this would have been a far better option for us. No there isn't......if you are thinking of the remaining relative visa that does not apply to parents and the waiting list Is several years in any case Link to comment Share on other sites More sharing options...
exmax Posted February 12, 2014 Share Posted February 12, 2014 Thanks for this post and also for the replies to the original post. I am in same-sex relationship, I am a British citizen and also have an Australian passport and am wishing to return to the UK. My partner is Australian but does not have European connections via grandparents etc so he'll have to just obtain a partner visa. I have looked at the UKBA website and whilst the savings option is not viable for us, I'm looking to try to get a job in the UK. Am I right in understanding that I must secure a job offer prior to me returning to the UK in order for me to sponsor my partner? Thanks in advance. Link to comment Share on other sites More sharing options...
Guest Posted February 12, 2014 Share Posted February 12, 2014 Thanks for this post and also for the replies to the original post. I am in same-sex relationship, I am a British citizen and also have an Australian passport and am wishing to return to the UK. My partner is Australian but does not have European connections via grandparents etc so he'll have to just obtain a partner visa. I have looked at the UKBA website and whilst the savings option is not viable for us, I'm looking to try to get a job in the UK. Am I right in understanding that I must secure a job offer prior to me returning to the UK in order for me to sponsor my partner? That is the current situation yes and a certain salary is required too. There are legal challenges to this in progress - i have heard that no partner visas are being declined (not granted just not declined) until there is an outcome. It is SO unfair! Link to comment Share on other sites More sharing options...
Wanderer Returns Posted February 13, 2014 Author Share Posted February 13, 2014 Thanks for your posts guys. I've looked into this a bit since my original post and (assuming you don't have sufficient savings to meet the requirement that way) there are basically two options for returning British citizens with their non-British/EU partners. If you've been earning more than the equivalent of 18,600 pounds in Australia for at least 6 months, you can sponsor your partner if you can provide evidence of a job offer in the UK. The job needs to start within 3 months of the visa application date. Alternatively you can return to the UK alone, find a job and then sponsor you partner once you've been in that job for 6 months. They need to be out of the UK when the visa application is made and granted. Pros and cons: It's probably much easier to find a job in the UK when you are living there, but you'll have to accept some time apart. For my wife and I it's not an option because she's not presently working, so I need to find a job in the UK before we can apply. Whether it's unfair or not is highly subjective. The UK has many social problems, some of which are clearly linked to its immigration policies so it's not surprising they are now tightening up. I believe that you can still apply under the old regulations but your application will be put on hold until a decision is made about the legality of the new rules. You could be waiting months/years if you went down that route, so I would suggest making an application under the new rules once you can meet the criteria. Well if it takes us a little while longer to get back then never mind - there are worse places to be stuck in the world than beautiful Cairns! :-) Link to comment Share on other sites More sharing options...
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