Bringing Australian Partner Back to the UK

[Goingbacktouk]

I'm British born, but lived in Australia from November 2010 until March 2014. I returned home at the end of March as my father is unwell.

 

My fiancé is Australian.

 

I was under the impression that I had to return back to the UK and work for six months earning over £18,600 before I could apply for his unmarried partner visa. However, I'm getting told different things by different immigration agents...

 

One is saying that we won't be able to apply for that visa as we aren't allowed to have been apart for six months (even though he visited for a month April to May and is coming at the end of this month for a month) and others are saying that that's OK as we have seen each other within the six months...

 

One suggested I add my wages up from Australia and what I've earned in my new job, (so August 2013 - August 2014), but they fall just short of the required £18,600 as we spent some time travelling and I only started working here mid May, so I can't apply now.

 

Some are saying that we have to wait until mid-November - e.g. when I've been working for six months and then we'll have to apply for the fiancé visa and that's the only option. Which isn't ideal as he wouldn't be able to work until we got married.

 

Does anyone else know anything different?!

[Guest]

I don't know the full ins and outs of the actual requirements they want.

 

There may be some requirement in the small print that states you cannot have lived apart for longer than 6 months before you apply which may mean you are not eligible for the partner visa, I honestly don't know. I tried to have a look in the blurb but the amount of PDF's and wordiness of them is ridiculous and there is much to wade through. I didn't even get close to finding what I was looking for, sorry.

 

I would try to ensure you keep the visits up and have kept all the proof of this like flight bookings, stamps in passports and so on to show he has visited you in the UK since you returned. Also ensure you keep up your proof of being a couple. You know the stuff, bills in your names, shared bank account even if you are back in the UK now, your name in the car insurance in Aus, that sort of thing. It might all help coming this way as it does when people apply to go to Aus. Although the Aus application is far more clear cut and less flipping headache inducing.

 

I'd also do some reading of your own. It will take a while, get a notepad and pencil, a highlighter and download and print off all the partner visa PDF's that apply to you. Then start going through them carefully highlighting anything of interest, crossing out anything that does not apply to you (to whittle down your reading matter). And make notes as you go.

 

I found this one

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337421/Appendix_FM_Section_1_0a_-_5-year_route_guidance.pdf

 

which had a PDF appendix link to this

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336952/Immigration_Rules_-_Appendix_FM.pdf

 

All from this page https://www.gov.uk/remain-in-uk-family/eligibility

 

I'd also read reviews on the agents you are consulting and see if there is a decent listing you could look up to see who might be good to go with.

 

I'd continue to read up on the fiancee visa as if this is a genuine option and you do intend to marry in the not too distant future, its worth seriously considering. Hubby and I had about 2 months from when we decided to marry to getting married. Doesn't have to be months and months in the planning or anything really.

[thinker78]

Just wanted to chip in that a friend of mine was $200 short of the previous 12 months earnings so they had to do a u turn and return to australia! Scandulous esp considering the salary she was going to be earning in london.

 

 

 

I don't know the full ins and outs of the actual requirements they want.

 

There may be some requirement in the small print that states you cannot have lived apart for longer than 6 months before you apply which may mean you are not eligible for the partner visa, I honestly don't know. I tried to have a look in the blurb but the amount of PDF's and wordiness of them is ridiculous and there is much to wade through. I didn't even get close to finding what I was looking for, sorry.

 

I would try to ensure you keep the visits up and have kept all the proof of this like flight bookings, stamps in passports and so on to show he has visited you in the UK since you returned. Also ensure you keep up your proof of being a couple. You know the stuff, bills in your names, shared bank account even if you are back in the UK now, your name in the car insurance in Aus, that sort of thing. It might all help coming this way as it does when people apply to go to Aus. Although the Aus application is far more clear cut and less flipping headache inducing.

 

I'd also do some reading of your own. It will take a while, get a notepad and pencil, a highlighter and download and print off all the partner visa PDF's that apply to you. Then start going through them carefully highlighting anything of interest, crossing out anything that does not apply to you (to whittle down your reading matter). And make notes as you go.

 

I found this one

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337421/Appendix_FM_Section_1_0a_-_5-year_route_guidance.pdf

 

which had a PDF appendix link to this

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336952/Immigration_Rules_-_Appendix_FM.pdf

 

All from this page https://www.gov.uk/remain-in-uk-family/eligibility

 

I'd also read reviews on the agents you are consulting and see if there is a decent listing you could look up to see who might be good to go with.

 

I'd continue to read up on the fiancee visa as if this is a genuine option and you do intend to marry in the not too distant future, its worth seriously considering. Hubby and I had about 2 months from when we decided to marry to getting married. Doesn't have to be months and months in the planning or anything really.

[Goingbacktouk]

Thanks for the advice! I think I'm going to just go with the immigration agent that seems to give us the best advice - absolutely can't believe the joke of a system!

[engaus]

Thanks for the advice! I think I'm going to just go with the immigration agent that seems to give us the best advice - absolutely can't believe the joke of a system!

 

Tell me about it, my partner and I are going through this at the moment. He couldn't get work in Australia so went back to the UK in June, got work within a week. We have been told we can spend up to 6 months apart under certain circumstances. Our agent has said my parter having to go back to get work is one of them.

 

The actual wording of the rules is that you have to have been living together for the preceding two years and can't spend any more than 6 months apart in those two years. I'm on my phone now but that info is in the booklet.

 

getting an Australian partner visa was a dream in comparison to this!

[Guest]

Thanks for the advice! I think I'm going to just go with the immigration agent that seems to give us the best advice - absolutely can't believe the joke of a system!

 

I think the UK partner visa system is over the top and has prevented many genuine couples from being in the UK. Just the amount of booklets, documents and so on before you even get to the application forms is overkill. You need a thesaurus and the OED to hand before you even can contemplate tackling the blurb they have issued. Stupid way to go about it and some overpaid divot with an aversion to clear and simple English is wringing their hands in joy at what they have written. I must admit in comparison the Aus partner visa process is so much clearer, concise and is actually common sense and practical.

[janlo]

Thanks for the advice! I think I'm going to just go with the immigration agent that seems to give us the best advice - absolutely can't believe the joke of a system!

 

 

To to be honest I'm glad to see the uk finally getting strict with immigration . Everyone thinks you can just walk in which doesn't seem to be the case anymore.

[engaus]

To to be honest I'm glad to see the uk finally getting strict with immigration . Everyone thinks you can just walk in which doesn't seem to be the case anymore.

 

Its not getting strict with immigration. It's a knee jerk reaction to people demanding something be done about immigration. All its doing is stopping genuine families from being together.

I earn more money than my partner at the moment as he's just graduated from university - he won't be earning over £18,600 for another few years. Yet even if I get a job offer my wage counts for nothing (my job title isn't on the skilled list so can't get a working visa).

 

i understand the need to control immigration but this certainly isn't the way to do it

[Sarahelle]

I agree, it's ridiculously over complicated. In my case it would be me who would have to get employment but my partner is the higher wage earner. Maybe it will end up so incredibly complicated that they'll have to scrap it and start from scratch but that's probably just wishful thinking on my part.

 

I never ever dreamed it would be so difficult for me to return home with my Aus partner and if I had done my research properly I would have made him get British citizenhip which he would have been entitled to apply for.

 

Bugger.

[Guest Guest98974]

To to be honest I'm glad to see the uk finally getting strict with immigration . Everyone thinks you can just walk in which doesn't seem to be the case anymore.

Apart from the whole of Europe who can walk in and claim benefits. If you have been away for a few years you are entitled to nothing as no NI paid in that time, yet Joe Bloggs from Poland can waltz in and claim immediately for his family who are still living in Poland. Yes it's a joke of a system.

[Sarahelle]

Really?? I thought as a British Citizen you were entitled to it automatically? What about all the previous years you've paid NI, do they count for squat?? This sucks and the rules are getting more and more utterly ridiculous.

[Guest Guest98974]

Really?? I thought as a British Citizen you were entitled to it automatically? What about all the previous years you've paid NI, do they count for squat?? This sucks and the rules are getting more and more utterly ridiculous.

 

100% no. I came back after 10 years, worked and paid a lot of tax & NI for 8 months and had to relocate North. My earnings the previous tax year and current did not count towards current period so got no unemployment, JSA or income support. They did say I was entitled to child tax credits so claimed that, and now have a bill for £1000 as it appears I wasn't!

[scotinoz43]

I have been living in Oz with my partner (aussie) for 12 years. we have been together the whole time and have three kids together. I want to move back to Scotland but can't because they have made it impossible. It is my home and my whole family live there but I can't go back to live unless I leave my partner behind. And yet my old home town is mainly full of polish people (which I'd have nothing against if I was allowed to live there). I cry every day. We sold our home to try and go back in 2009 and it didn't work. Then we did it again last year and lived apart for 7 months and failed again and now we are hugely in debt as a result. I don't know how to recover

[Bound4Tassie]

Have things changed 'relatively' recently? I came back to the UK after my gap year in 2005 with my Aussie partner in tow. He was here on a WHV to start with but converted it after a year or 2 years (can't remember!). Is that still an option? He has indefinite leave to remain now - although he hates living here in the UK so would be over the moon if they kicked him out!! Good luck to those looking to come back though.

[Sarahelle]

I have been living in Oz with my partner (aussie) for 12 years. we have been together the whole time and have three kids together. I want to move back to Scotland but can't because they have made it impossible. It is my home and my whole family live there but I can't go back to live unless I leave my partner behind. And yet my old home town is mainly full of polish people (which I'd have nothing against if I was allowed to live there). I cry every day. We sold our home to try and go back in 2009 and it didn't work. Then we did it again last year and lived apart for 7 months and failed again and now we are hugely in debt as a result. I don't know how to recover

 

 

Bless you, I feel for you so much. I've only been here for 4 years but I understand what you're going through. If I may ask, why didn't it work out for you back in 2009? I try not to think about it too much but it does upset me a lot to think that it's almost impossible to return to my home land and it all seems worse now that we have a baby. I feel very guilty keeping their first and only grandchild away from my parents.

 

I honestly don't know how I would even begin to plan a return home, so for now I'm just having to suck it up and get on with things. I'm sure you feel the same the same in thinking that it never even crossed my mind we wouldn't be able to go home and I know it's petty but I'm so jealous couples who are both British who decide to move home. My partner actually had IRL to remain in Britain and could have applied for citizenship, but we've burnt our bridges there.

 

I hope things somehow get better for you. Please feel free to PM me if you'd like oxo

[Quoll]

Have things changed 'relatively' recently? I came back to the UK after my gap year in 2005 with my Aussie partner in tow. He was here on a WHV to start with but converted it after a year or 2 years (can't remember!). Is that still an option? He has indefinite leave to remain now - although he hates living here in the UK so would be over the moon if they kicked him out!! Good luck to those looking to come back though.

Even tho he hates it and your name looks like you're planning to leave, be sure that he gets his UK citizenship if he can - you never know if he/you may need it one day and, as you can see, getting a visa to return down the track could be a nightmare!

[Bound4Tassie]

Even tho he hates it and your name looks like you're planning to leave, be sure that he gets his UK citizenship if he can - you never know if he/you may need it one day and, as you can see, getting a visa to return down the track could be a nightmare!

 

You make a good point. I'm sure he is here on the basis of being my spouse and father of my english born child. He has indefinite leave to remain- I had kind of assumed that was it now but I guess it not quite the same thing as being a citizen in his own right. Chances of getting him to get apply for a British passport - v slim! Chances of getting him to return to the Uk once we finally manage to emigrate - even slimmer! I think the only way I'll be coming back to the uk is for a holiday or we've divorced!!

[Perthbum]

Apart from the whole of Europe who can walk in and claim benefits. If you have been away for a few years you are entitled to nothing as no NI paid in that time, yet Joe Bloggs from Poland can waltz in and claim immediately for his family who are still living in Poland. Yes it's a joke of a system.

errrrr no he cant,

[Quoll]

You make a good point. I'm sure he is here on the basis of being my spouse and father of my english born child. He has indefinite leave to remain- I had kind of assumed that was it now but I guess it not quite the same thing as being a citizen in his own right. Chances of getting him to get apply for a British passport - v slim! Chances of getting him to return to the Uk once we finally manage to emigrate - even slimmer! I think the only way I'll be coming back to the uk is for a holiday or we've divorced!!

You never know what fate will throw at you! Tell him it's belt and braces time (or you won't go!) his ILR will expire unfortunately and if he changes his mind (as some Aussies do! I'm married to one!) getting back would be a real uphill struggle.

[Guest Guest98974]

errrrr no he cant,

 

 

Errrrr maybe the shows I have seen on the subject are incorrect as well as the journalists?

 

http://www.dailymail.co.uk/news/article-2632914/Child-benefit-worth-30million-paid-Britain-families-EU-Cameron-admits-impossible-stop-it.html

 

http://www.express.co.uk/news/uk/452228/New-bid-to-stop-55m-benefits-for-migrants-children-living-abroad

 

http://www.telegraph.co.uk/news/uknews/immigration/9846029/1m-a-week-in-child-benefit-paid-to-children-living-overseas.html

[Bound4Tassie]

You never know what fate will throw at you! Tell him it's belt and braces time (or you won't go!) his ILR will expire unfortunately and if he changes his mind (as some Aussies do! I'm married to one!) getting back would be a real uphill struggle.

 

Well the citizenship conversation went better than expected! He took it rather well! Will be looking into it as a back up. Glad I came on here and found this out as it is not something I had realised. So thank you Quoll & Pomz in Oz!