Getting the facts - Can partner move from tourist visa to settlement visa after UK arrival??

[Wanderer Returns]

Dear all,

I'm a Pom who has lived in Oz for 11 years and has both Australian and British citizenship. My wife is on a Thai passport and she also has Australian residency. We have no children. We are returning to the UK in December (flights already booked) to take care of my mum who is now 85 and struggling to live independently. She has no remaining family left in the UK, so we really feel this is our moral duty. Mum has hardly been out of the house since the start of the year and I've had to get social services involved, which has not been easy when coordinating from the other side of the world! Once we arrive, my wife plans to take care of my mum whilst I return to teaching in the UK. I'm fortunate in that I've been granted unpaid leave of absence for up to 3 years from my current position with Education Queensland meaning that I'll have a job to return to here, assuming we're back in Australia by January 2018.

I don't foresee any problem finding a teaching position once we arrive in the UK, as I understand there's a shortage of teachers there at the moment. However, finding a job prior to arrival is proving more problematic as unsurprisingly, most schools don't want to employ anyone they haven't interviewed in person. Therein lies the dilemma in that we probably won't be able to apply for my wife's UK partner/settlement visa prior to arrival in the UK, so she'll need to enter on a tourist visa and 'upgrade' to a partner visa afterwards - is this possible?

I don't have 60+ grand in assets, so the employment route is the only way for us to stay. What I really want to avoid is a situation whereby my wife cannot apply for a UK partner/settlement visa because she is already in the UK on a tourist visa. This was the case when she came to Australia and she had to return to Thailand whilst her Australian partner visa was granted.

For the record, I've already emailed UK immigration through the GOV.UK website and received a very poorly-worded reply (from someone with a limited command of English), to the effect that they couldn't give specific advice on individual cases and referred me back to the website! What is the country coming to?! Clearly this is a common situation a lot of Brits must face when they want to return to the UK with a non-British or European partner.

It'd be great to hear from anyone with experience of this :-)

Many thanks,

Martin.

[Marisawright]

I do hope someone is able to offer some advice based on real-life experience. I looked into this because we are also looking at moving to the UK, but I'm reluctant to apply for permanent residency for my husband before leaving, as we'd like to remain classed as resident in Australia for as long as possible (for tax reasons).

 

We wouldn't consider hiring a migration agent because our move isn't that critical, but in your shoes, I wonder whether an agent would be a good move? There are agents for migration to the UK, just like there are for Australia. They can't get around the rules but they are more aware of loopholes if there are any.

 

One other point - your wife should get Australian citizenship before you go, just in case you get stuck in the UK for longer than you expect. If she's just a permanent resident she might lose her right to return to Australia. I believe Thais can have dual citizenship - renouncing Thai citizenship is optional.

[Guest]

Dear all,

I'm a Pom who has lived in Oz for 11 years and has both Australian and British citizenship. My wife is on a Thai passport and she also has Australian residency. We have no children. We are returning to the UK in December (flights already booked) to take care of my mum who is now 85 and struggling to live independently. She has no remaining family left in the UK, so we really feel this is our moral duty. Mum has hardly been out of the house since the start of the year and I've had to get social services involved, which has not been easy when coordinating from the other side of the world! Once we arrive, my wife plans to take care of my mum whilst I return to teaching in the UK. I'm fortunate in that I've been granted unpaid leave of absence for up to 3 years from my current position with Education Queensland meaning that I'll have a job to return to here, assuming we're back in Australia by January 2018.

I don't foresee any problem finding a teaching position once we arrive in the UK, as I understand there's a shortage of teachers there at the moment. However, finding a job prior to arrival is proving more problematic as unsurprisingly, most schools don't want to employ anyone they haven't interviewed in person. Therein lies the dilemma in that we probably won't be able to apply for my wife's UK partner/settlement visa prior to arrival in the UK, so she'll need to enter on a tourist visa and 'upgrade' to a partner visa afterwards - is this possible?

I don't have 60+ grand in assets, so the employment route is the only way for us to stay. What I really want to avoid is a situation whereby my wife cannot apply for a UK partner/settlement visa because she is already in the UK on a tourist visa. This was the case when she came to Australia and she had to return to Thailand whilst her Australian partner visa was granted.

For the record, I've already emailed UK immigration through the GOV.UK website and received a very poorly-worded reply (from someone with a limited command of English), to the effect that they couldn't give specific advice on individual cases and referred me back to the website! What is the country coming to?! Clearly this is a common situation a lot of Brits must face when they want to return to the UK with a non-British or European partner.

It'd be great to hear from anyone with experience of this :-)

Many thanks,

Martin.

I'm sorry Martin but we have been told by both uk immigration and a migration agent that you can't just upgrade from a tourist visa to a partner/visa in the U.K. You must apply offshore and be off shore when it's granted so you would have either have the job and all other requirements for partner/spouse visa and apply and wait for grant beforehand or you go first and your wife follows when visa is granted. Good luck with your plans.

[Wanderer Returns]

Hi Chicken66, many thanks for your reply.

 

You have pre-empted my next step, which was to get the advice of a migration agent. In effect, the UK now has the same system in place as Australia in that a person needs to be outside the country when their partner visa is applied for. It does makes it hard for people who want to move back as a couple because it's very difficult to get offered employment when you're on the other side of the world!

 

It will make it imperative to get that job offer before leaving Australia - no pressure! :-)

 

Martin.

[Sustain]

Martin could she go across to Ireland or Europe while it is processed? Thats what some people do here ie nz or Asian break

[Wanderer Returns]

Martin could she go across to Ireland or Europe while it is processed? Thats what some people do here ie nz or Asian break

 

It's an idea, but considering the cost of food and accommodation it'd probably be easier for her just to go back to Thailand, where she could stay with family for free :-)

[benthomas010]

It's not a short process either. I applied for a spouse visa for my wife.

It took 12 weeks at the time and that was good going. Costs about £1000 and the visa is valid for 2.5 years before you have to go through the whole application process again.

[Sustain]

It's not a short process either. I applied for a spouse visa for my wife.

It took 12 weeks at the time and that was good going. Costs about £1000 and the visa is valid for 2.5 years before you have to go through the whole application process again.

 

What if they already have pr, but have been out of country due to partners job?

[Guest]

 

What if they already have pr, but have been out of country due to partners job?

I think there's a stipulation on how much time you can be out of the country and still keep the pr but i'm unsure what the time limits are for the U.K.

[Guest]

Hi Chicken66, many thanks for your reply.

 

You have pre-empted my next step, which was to get the advice of a migration agent. In effect, the UK now has the same system in place as Australia in that a person needs to be outside the country when their partner visa is applied for. It does makes it hard for people who want to move back as a couple because it's very difficult to get offered employment when you're on the other side of the world!

 

It will make it imperative to get that job offer before leaving Australia - no pressure! :-)

 

Martin.

I feel it we are in the same boat. Another thing to consider is you will also need to provide evidence of your housing in the U.K. A lease agreement. mortgage documents,or if staying with family you will need written proof from them. You need to include in the document from family who they are and the type of housing they have and of course that they are happy for you to stay with them. Immigration want to be satisfied there will be no overcrowding issues. Hope it goes well for you and your wife.

[Guest]

Martin could she go across to Ireland or Europe while it is processed? Thats what some people do here ie nz or Asian break

Do you know if you are allowed to work if you choose to do this?

[Wanderer Returns]

I feel it we are in the same boat. Another thing to consider is you will also need to provide evidence of your housing in the U.K. A lease agreement. mortgage documents,or if staying with family you will need written proof from them. You need to include in the document from family who they are and the type of housing they have and of course that they are happy for you to stay with them. Immigration want to be satisfied there will be no overcrowding issues. Hope it goes well for you and your wife.

 

Thanks for the heads up on that. I don't think it'll be an issue as we'll be staying with my mum on arrival and she lives in a fairly big place on her own.