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Moving back- Visa questions..Please help


Brummy

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Hi everyone,

 

I'm new here! I had no idea this forum existed until a few days ago!

 

I'm hoping I can get some clarification on our situation. :)

 

Background:

 

I'm British, and my husband is a non EEA PP holder. We came to Australia on my husband's 457 visa- and me on a 457 dependent visa.

 

My husband's 457 expires Jan 2016, and we were hoping to apply for a UK spouse settlement visa whilst in Australia.

 

My question is:

 

Neither of us are AU PP holders and so if we apply for the UK spouse settlement visa from here, would we be required to show a 6 month visa validity for Australia? Or is there no such requirement, as long as we can show we're in Australia legally and have a valid AU visa upon application?

 

Thank you in advance!

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Hi everyone,

 

I'm new here! I had no idea this forum existed until a few days ago!

 

I'm hoping I can get some clarification on our situation. :)

 

Background:

 

I'm British, and my husband is a non EEA PP holder. We came to Australia on my husband's 457 visa- and me on a 457 dependent visa.

 

My husband's 457 expires Jan 2016, and we were hoping to apply for a UK spouse settlement visa whilst in Australia.

 

My question is:

 

Neither of us are AU PP holders and so if we apply for the UK spouse settlement visa from here, would we be required to show a 6 month visa validity for Australia? Or is there no such requirement, as long as we can show we're in Australia legally and have a valid AU visa upon application?

 

Thank you in advance!

You'll have to show whatever passports you hold, and proof that you are here legally -your 457 visas. ghey can't ask you to show Aussie passports when you are not eligible to hold them.m

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Hi Brummy,I can't help with the visa questions but just wanted to welcome you to PIO!Good luck with your plans,and hope all goes well for you!(I'm sure someone will come along shortly to advise you!)

 

Hi Jacaranda, thank you for your kind words and warm welcome! :)

 

P.S. I love your signature! :wink:

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Can you meet the financial requirement to secure a spouse visa? Are you aware that you need to show you have 62,000 pounds in savings or you as the Uk born spouse have a job offer earning at least 18,500 pounds a year ( it's more if you have children) this must be provided in writing confiming job offer with a starting date within three months of settlement in the UK. You also need to provide details of where you will live which needs to include all details about housing eg what it is house/flat how many bedrooms etc. if you are planning on staying with family at first they will need written consent from them. ( they will also need to provide details about their housing). They immigration need to be sure there is no overcrowding in the housing situation. I believe a police check and medical is also required. Good luck.

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You'll have to show whatever passports you hold, and proof that you are here legally -your 457 visas. ghey can't ask you to show Aussie passports when you are not eligible to hold them.m

 

Hi Nemesis, thank you for your reply. :)

 

My question was about whether we'd have to show we have a valid Australian visa for a set number of months. In other words, does the UK immigration require us to have a six month validity on our AU visa in order to be able to apply from here for the UK spouse settlement visa? Thank you.

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P.S does your husband have a uk born grandparent? If yes he can get an ancestry visa, If no does he have an eu born grand parent? If yes he could get an eu passport via that. If no to both then your only option is the spouse visa. Hope that helps.

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Hi Nemesis, thank you for your reply. :)

 

My question was about whether we'd have to show we have a valid Australian visa for a set number of months. In other words, does the UK immigration require us to have a six month validity on our AU visa in order to be able to apply from here for the UK spouse settlement visa? Thank you.

I'm sorry i'm not sure if you could apply from her given you only on a temporary visa. I have a strange feeling you would need to apply from you husbands country of birth or country he holds a passport for but i could be wrong. Hopefully someone more knowlegdable than me will be long to advise. Otherwise you my need to call the Uk immigration and ask.

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Can you meet the financial requirement to secure a spouse visa? Are you aware that you need to show you have 62,000 pounds in savings or you as the Uk born spouse have a job offer earning at least 18,500 pounds a year ( it's more if you have children) this must be provided in writing confiming job offer with a starting date within three months of settlement in the UK. You also need to provide details of where you will live which needs to include all details about housing eg what it is house/flat how many bedrooms etc. if you are planning on staying with family at first they will need written consent from them. ( they will also need to provide details about their housing). They immigration need to be sure there is no overcrowding in the housing situation. I believe a police check and medical is also required. Good luck.

 

Thank you for your reply Chicken66. :)

 

Yes, we're able to show we meet the financial requirement. Although the drastic drop in the AU dollar is not helping our case at all. :( The more it drops, the longer we're having to wait! I believe they use the OANDA closing exchange rate at the time of application to determine the GBP equivalent, but I'm yet to get confirmation as to how they determine whether the GBP equivalent has been held in the account for a period of six months, and whether they use the six month old exchange rate or use the closing rate at the time of application for that too. Any ideas at all?

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P.S does your husband have a uk born grandparent? If yes he can get an ancestry visa, If no does he have an eu born grand parent? If yes he could get an eu passport via that. If no to both then your only option is the spouse visa. Hope that helps.

 

Unfortunately not.

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I don't know how they work out the exchange rate sorry. I do know if the money in account is from the sale of property or other assets and you can show proof the six month holding period can be waived. Some are unaware of the financial requirement and are caught out by it. They wrongly assume because one of you is UK born they can just apply and bobs your uncle you get the visa. Good luck,

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[ATTACH=CONFIG]31659[/ATTACH] I just found this. So it looks like the only requirement is that the visa for the country you're applying from is valid at the time of application?

Thank you i had no idea. Looks like you'll be ok then. I have heard from some that they got the visa through in six weeks but i'd be more inclined to allow at least a few months just to be sure it's through in time for your moving date but then i'm a risk adverse person. lol

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I'm sorry i'm not sure if you could apply from her given you only on a temporary visa. I have a strange feeling you would need to apply from you husbands country of birth or country he holds a passport for but i could be wrong. Hopefully someone more knowlegdable than me will be long to advise. Otherwise you my need to call the Uk immigration and ask.

 

As long as you're in a country legally- for work purposes or otherwise, you can apply based on the evidence in my last post.

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Thank you i had no idea. Looks like you'll be ok then. I have heard from some that they got the visa through in six weeks but i'd be more inclined to allow at least a few months just to be sure it's through in time for your moving date but then i'm a risk adverse person. lol

 

You're welcome! :)

 

Yes, that's my worry too! Our AU visas expire on the 31st of Jan, and I'm worried about timing too! :eek:

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Thank you i had no idea. Looks like you'll be ok then. I have heard from some that they got the visa through in six weeks but i'd be more inclined to allow at least a few months just to be sure it's through in time for your moving date but then i'm a risk adverse person. lol

 

The official processing time is 3 months. My oh applied in January and it came through in under six weeks.

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