Rebecca Jo Bacash Posted October 13, 2015 Share Posted October 13, 2015 Hi, I've seen similar threads on here, but no definitive answers... I've been here since 2009 with my partner (who I met in the UK in 2007). We got married last year and have made the decision to move back to the UK together to start a family as I'd really like to be around my family when we have kids. Does anyone have any advice for us or information on what type of Visa my husband needs? We would like to go back mid 2016 (Summer-to-Summer:cool:). Thank you. There seems to be very little information on this online, the closest is if you are moving over to be with other (foreign) family members - now settled in the UK. I'm already British so moving back is fine for me... but apparently it may not be as straight forward for my husband. Thanks:hug: Link to comment Share on other sites More sharing options...
newjez Posted October 14, 2015 Share Posted October 14, 2015 Depends, does he have any connection to UK or Europe? Link to comment Share on other sites More sharing options...
calNgary Posted October 14, 2015 Share Posted October 14, 2015 We have had a few members move back with their Australian spouses so hopefully they will be along soon to help. Lots of luck with everything Cal x Link to comment Share on other sites More sharing options...
Guest Posted October 14, 2015 Share Posted October 14, 2015 It can be quite hard for Non-EU Spouses. I believe you have to show you can support them before they are allowed to stay indefinitely. Link to comment Share on other sites More sharing options...
Quoll Posted October 14, 2015 Share Posted October 14, 2015 Oh dear! No, it's not easy but it is relatively straightforward. Your best scenario is if he has a UK born parent, in which case he can apply for citizenship by descent. If he doesn't have that, then does he have a UK born grandparent anywhere which would give him access to an Ancestry visa which is a working visa but would allow him enough time for residence to get his own citizenship. If that's not a goer either, look at his ancestry to see if he is entitled to an EU passport from any other means. If all of those are a big fat no then you have to go down the spouse visa route (avoid if you can, there are all sorts of added negative bonuses apparently, according to one of my friends who lives on one!) in which case, you as the sponsor - in the first instance - will need to demonstrate that you have a job earning more than £18.5k pa (and have had for 6 months) or that you have £62.5k in savings. Good luck! Link to comment Share on other sites More sharing options...
Guest Posted October 14, 2015 Share Posted October 14, 2015 Pretty much what Quoll said. If the citizenship options are not viable then its the employment route or showing you have £62,000 or so in savings (needed so as to not be a drain on the UK welfare system, which I don't get because honestly, why not do what is done here and put a clause of no recours to public funds for X amount of years on a temp visa or some such, but no, the UK went batshit overboard with this scheme). Link to comment Share on other sites More sharing options...
Marisawright Posted October 14, 2015 Share Posted October 14, 2015 Oh dear! No, it's not easy but it is relatively straightforward. ...you have to go down the spouse visa route (avoid if you can, there are all sorts of added negative bonuses apparently, according to one of my friends who lives on one!) My Australian oh is on a spouse visa, and hasn't found any negative bonuses yet - I'd be curious to know what they are. It's true he doesn't qualify for any benefits - but he is still entitled to things like NHS treatment and a free bus pass (he's over 60). Link to comment Share on other sites More sharing options...
Marisawright Posted October 14, 2015 Share Posted October 14, 2015 We got married last year and have made the decision to move back to the UK together to start a family as I'd really like to be around my family when we have kids. Does anyone have any advice for us or information on what type of Visa my husband needs? ...There seems to be very little information on this online, the closest is if you are moving over to be with other (foreign) family members - now settled in the UK. There is actually lots of info online, it's the wording that is weird. The one for people "moving over with family members now settled in the UK" - that's it. It also applies if the family member is going back to the UK with the intent to settle, which is you. Filling in the forms is tedious but if you meet the requirements, it's fast. My oh got his visa in six weeks. The big hurdle is the financial requirements. As Quoll says, you will need to demonstrate that you have a job earning more than £18.5k pa (and have had for 6 months). If not, you need to prove that you've had at least £62.5k in savings for at least 12 months. That must be in accessible savings - i.e. your superannuation doesn't count, since you can't withdraw it, nor does your house. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452965/Immigration_Directorate_Instruction_Appendix_FM_1_7_Financial_Requirement_August_2015.pdf Provided you can meet the financial requirement, then he can fill in the forms and pay the fee. He has to apply online first, then print off the application and take it with him to his biometric interview. One point to note, though, which wasn't obvious to us - he also has to complete Appendix 2, which is a form he has to print off and take with him to the interview. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf This is really, really important - and at the time he applied, it was mentioned once, on a page during the application process that you never see again once you've submitted the form. All the other "how to" instructions about going to the interview don't mention it. It was only because he had a vague recollection there was an extra form that we Googled to see what we'd missed, and finally found it. So keep a note so you dont forget! The hardest thing about Appendix 2 was giving them a UK address. The reason they want a UK address is that they will check to make sure you have a decent place to live that's not overcrowded. So obviously it can't be a holiday let which I assume is where you'll be going. In the end I asked my sister if I could use her address and primed her to say we were going to live with her till we found a place of our own! Link to comment Share on other sites More sharing options...
Marlou Posted October 14, 2015 Share Posted October 14, 2015 Does anyone have any advice for us or information on what type of Visa my husband Thank you. There seems to be very little information on this online, the closest is if you are moving over to be with other (foreign) family members - now settled in the UK. I'm already British so moving back is fine for me... but apparently it may not be as straight forward for my husband. In addition to the information others have given, this might be useful: https://www.gov.uk/join-family-in-uk/overview Link to comment Share on other sites More sharing options...
Jacaranda Posted October 14, 2015 Share Posted October 14, 2015 Some good advice there Marisa!:cute: Link to comment Share on other sites More sharing options...
Gbye grey sky Posted October 14, 2015 Share Posted October 14, 2015 Pretty much what Quoll said. If the citizenship options are not viable then its the employment route or showing you have £62,000 or so in savings (needed so as to not be a drain on the UK welfare system, which I don't get because honestly, why not do what is done here and put a clause of no recours to public funds for X amount of years on a temp visa or some such, but no, the UK went batshit overboard with this scheme). The rules were designed to combat arranged marriages I suspect but had to be applied even-handedly to avoid any accusation of racism. The UK Government could not prevent a UK citizen from accessing benefits or healthcare for years (even if they could prevent the spouse). The consequences for Aussie spouses was certainly unintended I am sure not that it helps the OP or others in this predicament. Link to comment Share on other sites More sharing options...
Guest Posted October 14, 2015 Share Posted October 14, 2015 The rules were designed to combat arranged marriages I suspect but had to be applied even-handedly to avoid any accusation of racism. The UK Government could not prevent a UK citizen from accessing benefits or healthcare for years (even if they could prevent the spouse). The consequences for Aussie spouses was certainly unintended I am sure not that it helps the OP or others in this predicament. I realise their intent behind it. But it was badly thought out and rushed through. The recourse to public funds could be denied for the person on the visa. Its done here for a couple of years till those on the visas can then prove and satisfy the PR requirements. It was done to quell the bad press but the numbers are a drop in the ocean of migrants overall. Its been a lot of money spent for not very much. If they had thought about it, if a couple can prove they have been married or de facto for say 3 years (I picked a random number there. Australia has a shorter timeframe), have been living overseas as a couple for X amount of time as resident of that country (say 2 years) etc.... there were other ways to approach this. They could have done that, insisted no recourse to public funds like benefits for say 2 years for the person on the visa, only given temp visa for first 2/3/4/5 years and if still together after that time and able to prove it etc, then they could grant an indefinite leave to remain. The UK Gov did the knee jerk reaction that gave them good press for taking a strong stance. Strong and making it incredibly difficult to relocate to the UK for many people. Link to comment Share on other sites More sharing options...
Marisawright Posted October 14, 2015 Share Posted October 14, 2015 I realise their intent behind it. But it was badly thought out... If they had thought about it, if a couple can prove they have been married or de facto for say 3 years (I picked a random number there. Australia has a shorter timeframe), have been living overseas as a couple for X amount of time as resident of that country (say 2 years) etc.... there were other ways to approach this. They could have done that, insisted no recourse to public funds like benefits for say 2 years for the person on the visa, only given temp visa for first 2/3/4/5 years and if still together after that time and able to prove it etc, then they could grant an indefinite leave to remain. But, @snifter - they do all that as well. The initial spouse visa is temporary - it's valid for only 2.5 years and then you have to apply all over again for "indefinite leave to remain". It's also marked "no recourse to public funds" (although still eligible for NHS treatment, thank goodness). It is absolutely mad that a couple who've been married for ten years should still have to jump through those hoops. Is someone who's got married just for the visa, likely to stay married to someone for ten years before getting into the country? Link to comment Share on other sites More sharing options...
Guest Posted October 14, 2015 Share Posted October 14, 2015 But, @snifter - they do all that as well. The initial spouse visa is temporary - it's valid for only 2.5 years and then you have to apply all over again for "indefinite leave to remain". It's also marked "no recourse to public funds" (although still eligible for NHS treatment, thank goodness). OK, so no recourse to public funds they have in there. My thing was have that, sure, but the whole having a job paying £18,000 or a £64,000 chunk in savings is just silly. For people who have been together say 10 years and have 3 kids, its crazy. How can you say split a family up for 6 months or stump up that cash. They wanted to stop the bad press on a section of the partner visa applications as someone said above. Its proven time and again the partner visa process isn't working. Court cases, legal battles to remain in the same country as your kids (being deported for not meeting the financial requirement by a couple of thousand (in a less affluent park of the UK this can happen) or because its the UK citizen unable to come ahead for 6 months and find work because they are the stay at home parent bringing up a baby and toddler and their spouse is the main earner and has been for a while). I know if we had been going the other way, from Aus to the UK we'd have been stuffed as hubby is the main earner by a long way now. I have medical issues that make certain aspects of my life interesting so since my son was 2 and I returned to work, I have only worked part time. We'd never have stood a chance at a partner visa based on that. My going ahead to try to secure a job, place to live etc and leave my young son and his Dad as a single parent more or less relying on child care while he worked full time, not an option. I think the current UK partner visa process is terrible. Its punishing everyone for the sake of a few to appease the press and a portion of the voting public. I detract from the OP, apolgies. I'll shut up on this now. Link to comment Share on other sites More sharing options...
Marisawright Posted October 14, 2015 Share Posted October 14, 2015 OK, so no recourse to public funds they have in there. My thing was have that, sure, but the whole having a job paying £18,000 or a £64,000 chunk in savings is just silly. Having just gone through it, I agree it's excessive. Just pointing out that they already have the other safeguards you mention and presumably didn't consider it sufficient. Link to comment Share on other sites More sharing options...
Quoll Posted October 14, 2015 Share Posted October 14, 2015 My Australian oh is on a spouse visa, and hasn't found any negative bonuses yet - I'd be curious to know what they are. It's true he doesn't qualify for any benefits - but he is still entitled to things like NHS treatment and a free bus pass (he's over 60). It's the benefits mainly - you as a sponsor citizen aren't eligible for them either. Don't know about Family Allowance for a child - my friend wasn't pregnant at the time but she has a baby now. Her DH did have a bit of a glitch when his contract ended and he was workless for a while but no access to support. Link to comment Share on other sites More sharing options...
Quoll Posted October 14, 2015 Share Posted October 14, 2015 I think we would all agree that it's bonkers especially as the target group- the arranged marriage cohort aren't impacted by the money at all - there's plenty of cash to cover it for them. It's the poor British (mainly) women who marry for love and have quite long established relationships that can't manage it. That said, one of my mates goes out to Japan to visit her son and his family because he can't meet the financial restrictions of the spouse visa! The sensible option would be to have a sliding scale - married for X years then it's reduced by a certain amount, sliding down to zero after (say) 10 yrs. It was a sledgehammer to crack a nut and with horrific unintended consequences as government decisions aimed at not specifying a particular target group are wont to do! Link to comment Share on other sites More sharing options...
Bungo Posted October 14, 2015 Share Posted October 14, 2015 I realise their intent behind it. But it was badly thought out and rushed through. The recourse to public funds could be denied for the person on the visa. Its done here for a couple of years till those on the visas can then prove and satisfy the PR requirements. It was done to quell the bad press but the numbers are a drop in the ocean of migrants overall. Its been a lot of money spent for not very much. If they had thought about it, if a couple can prove they have been married or de facto for say 3 years (I picked a random number there. Australia has a shorter timeframe), have been living overseas as a couple for X amount of time as resident of that country (say 2 years) etc.... there were other ways to approach this. They could have done that, insisted no recourse to public funds like benefits for say 2 years for the person on the visa, only given temp visa for first 2/3/4/5 years and if still together after that time and able to prove it etc, then they could grant an indefinite leave to remain. The UK Gov did the knee jerk reaction that gave them good press for taking a strong stance. Strong and making it incredibly difficult to relocate to the UK for many people. The European Union will not permit the UK to restrict access to benefits in such a manner, they need to be available for everyone (that meets the financial criteria) or nobody. At the moment there is talk of restricted access to benefits for European migrants for a couple of years, but it will not be easy to implement because of European rules. Link to comment Share on other sites More sharing options...
docboat Posted October 15, 2015 Share Posted October 15, 2015 It can be hard. I recall returning to the UK, much against my will. I had spent 10 years in Germany - EU treaties etc, but then had spent just over 1 year outside the EU boundaries. About 2 weeks over, I think. I arrived back in the UK with no job, no reserves, and a wife and three children to support. The assistance I got from DSS, despite UK passport, full citizenship, native title if you like, was exactly zero. Because I had spent more than 1 year outside the EU zone. Link to comment Share on other sites More sharing options...
mylesu Posted October 26, 2015 Share Posted October 26, 2015 In my case, I hope to bring my Kiwi wife to UK next year; she is completely non EU parent wise, but the lump sum discussed is not an issue. Do I have to go back to the UK ahead of her or can she apply for the initial clearance from Aust and then apply for leave to remain once in the UK? I'm just a bit confused on the timelines - or maybe I'm just stupid which is probably nearer the truth! Link to comment Share on other sites More sharing options...
Marisawright Posted October 26, 2015 Share Posted October 26, 2015 In my case, I hope to bring my Kiwi wife to UK next year; she is completely non EU parent wise, but the lump sum discussed is not an issue. Do I have to go back to the UK ahead of her or can she apply for the initial clearance from Aust and then apply for leave to remain once in the UK? I'm just a bit confused on the timelines - or maybe I'm just stupid which is probably nearer the truth! If you've got the money in the bank (and it's been there for 12 months) then all you need to do is apply online. She will then have to make an appointment with the consulate for a biometric interview, and take a printed copy of her application, passport, and evidence of funds, to the interview. We did it in January and it took about six weeks from interview to approval. You MUST be in Australia when you apply, and you must stay in Australia until the approval comes through, because she will need to go to the consulate and collect her passport. One thing to note - be sure she fills in Appendix 2, which is an additional form you have to submit in printed form. It's mentioned during the online application process but once you've hit "submit", you don't get reminded about it - and a lot of people forget all about it! https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf You'll notice you have to give a UK address, and they will check up on it - the purpose is to ensure you're not going to be living in an overcrowded house with a load of other immigrants! We used my sister's address and just pre-warned her to say we'd be living in her spare room, (even though we had no intention of doing so). Link to comment Share on other sites More sharing options...
mylesu Posted October 26, 2015 Share Posted October 26, 2015 Thank you Marisa; seems a very long and onerous process to go through...no wonder folks are complaining about it. Link to comment Share on other sites More sharing options...
Marisawright Posted October 26, 2015 Share Posted October 26, 2015 Thank you Marisa; seems a very long and onerous process to go through...no wonder folks are complaining about it. Not long and onerous at all, it was all pretty straightforward! What's onerous is the financial requirement, which is tough on young couples with no assets. Other than that, I think all the other checks are perfectly reasonable. Link to comment Share on other sites More sharing options...
mylesu Posted October 26, 2015 Share Posted October 26, 2015 I was thinking more in terms of the timeline; she would come over with me for 6 months initially; we would then buy a property and she would have to return to Australia to apply for the spouse visa. For us the money is not an issue - it's the to and fro that's a pain. Link to comment Share on other sites More sharing options...
Marisawright Posted October 26, 2015 Share Posted October 26, 2015 I was thinking more in terms of the timeline; she would come over with me for 6 months initially; we would then buy a property and she would have to return to Australia to apply for the spouse visa. For us the money is not an issue - it's the to and fro that's a pain. I don't quite understand - why not delay your departure and apply before you leave? Link to comment Share on other sites More sharing options...
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