steve 111 Posted November 3, 2015 Share Posted November 3, 2015 Ok guys help me here, my wife and I are moving back to UK I am a British citizen and my wife is Australian. Is it best to get her Visa here our when we are in UK,she is intending to work the reason I ask is my super does not turn into savings until a month after we get there. Link to comment Share on other sites More sharing options...
Guest guest112248 Posted November 3, 2015 Share Posted November 3, 2015 If she is looking at a spouse visa she cannot apply from the UK, as far as I am aware it needs to be done in Oz. Further to this you will need a job earning £18600 per year, or have 3 years worth of savings £55k+. Reading your post suggests the savings route, and I believe the savings need to have been in your bank for 6 months before applying. Should add what she intends to do (work) is irrelevant. You are the sponsor and the onus is on you to provide the finances required to take her to the UK (ie find a job if that's your plan). Link to comment Share on other sites More sharing options...
Guest Posted November 3, 2015 Share Posted November 3, 2015 I'll chime in and say thats pretty much correct in the above post. You can't just arrive in the UK and then apply for a partner visa for her. Its either the job with X amount in earnings or the savings route. There is more info on the UK Gov website covering it all. Link to comment Share on other sites More sharing options...
Gbye grey sky Posted November 3, 2015 Share Posted November 3, 2015 Just to add though that if your wife has any European ancestry (grandparents) then she can apply for a visa on the back of that. Link to comment Share on other sites More sharing options...
steve 111 Posted November 3, 2015 Author Share Posted November 3, 2015 I should add i am retiring and getting a uk pension not working does that make a difference, and the savings side is not an issue Link to comment Share on other sites More sharing options...
Quoll Posted November 3, 2015 Share Posted November 3, 2015 I should add i am retiring and getting a uk pension not working does that make a difference, and the savings side is not an issue Well you will need to show evidence of £62.5k in savings if you aren't going to be working. Far easier if she could get an ancestry visa though courtesy of a UK born grandparent. The spouse visa has some unwelcome side effects - like you will BOTH be denied any benefits should you need them and even if you, as a citizen, may be eligible you would be denied them as they could be seen as tax payer funding going to benefit your spouse. Link to comment Share on other sites More sharing options...
Marisawright Posted November 3, 2015 Share Posted November 3, 2015 I should add i am retiring and getting a uk pension not working does that make a difference, and the savings side is not an issue As others have said, you MUST apply in Australia - if she tries to apply in the UK, they'll just make her go back to Australia to apply. If you've got the money in the bank (see note below), then all she needs 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 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/upload...-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). Note on financial requirement: You need to have held the money for 12 months and it needs to be "accessible" - so I am not sure superannation would be acceptable, even though you're at an age where you could take the lump sum. I'd say you would need to withdraw the lump sum and put it in the bank before you apply - then provide superannuation statements along with the bank statement to prove you've held the money for the required period. If the money is from the sale of a property, the 12 months requirement is waived. You do have to provide evidence of having held the property for more than a year (which could be a land registry document, if you don't have it then your mortgage provider will), and then you provide a letter from the solicitor who handled the sale and proof that the money is in an Aussie bank account. So basically, you'd need to complete the sale, put the money in the bank and move into rented accommodation for a few months while she applies. Link to comment Share on other sites More sharing options...
steve 111 Posted November 4, 2015 Author Share Posted November 4, 2015 Very helpful every one but do I need to fill in Appendix2 as I am not settled just returning,I cant seem to find any info on that Link to comment Share on other sites More sharing options...
Marisawright Posted November 4, 2015 Share Posted November 4, 2015 Very helpful every one but do I need to fill in Appendix2 as I am not settled just returning,I cant seem to find any info on that Yes you do. I know the wording is confusing but they do treat you (the British citizen) as if you are already settled in the UK, even though you'll both be arriving at the same time. Link to comment Share on other sites More sharing options...
steve 111 Posted November 6, 2015 Author Share Posted November 6, 2015 Can your uk ancestor be a forth generation or just grand father Link to comment Share on other sites More sharing options...
Quoll Posted November 6, 2015 Share Posted November 6, 2015 Can your uk ancestor be a forth generation or just grand father Parent or grandparent Link to comment Share on other sites More sharing options...
steve 111 Posted November 16, 2015 Author Share Posted November 16, 2015 Hi guys I do not see a problem but how long before I go can I apply for my wife's visa does it have to be within so many days of going, or intended going Link to comment Share on other sites More sharing options...
Marisawright Posted November 16, 2015 Share Posted November 16, 2015 Hi guys I do not see a problem but how long before I go can I apply for my wife's visa does it have to be within so many days of going, or intended going It can be as far in the future as you like. She'll get a stamp in her passport allowing her "multiple entries" for a period of 2 years - so she can arrive at any time during those two years. At the end of the two years, she'll need to apply all over again for indefinite right to remain. Link to comment Share on other sites More sharing options...
steve 111 Posted November 24, 2015 Author Share Posted November 24, 2015 Can some one tell me what part I will in on the financial form to say I have enough funding in my super fund,yes I have been told I can use this and I thought it would go under pension/benefits but im not sure Link to comment Share on other sites More sharing options...
Marisawright Posted November 24, 2015 Share Posted November 24, 2015 Can some one tell me what part I will in on the financial form to say I have enough funding in my super fund,yes I have been told I can use this and I thought it would go under pension/benefits but im not sure Who told you that would be sufficient? Are you already taking a pension from it, or is it still sitting in super? If you are already taking a pension from it, and that plus your Australian state pension meets the annual income criteria, then put it under pensions/benefits. If it's the lump sum you are using to satisfy the savings criteria, then you put it under savings, and then you will need to get a statement from the super fund on their letterhead, showing that the money has been in the account for at least twelve months. I would also get a letter confirming that you can access the funds at any time without penalty, since it's not the bank account they would normally want to see. Have you thought about what you're going to do with your super? If you leave it in the fund and then withdraw your lump sum AFTER you arrive in the UK, it will attract a hefty tax penalty from the UK government - so if you want to take a lump sum, you must cash it in now and put it in the bank, then transfer it to your UK bank when you move. If you're planning to take it as a pension, then you'll need to declare it as income on your UK tax return and it'll be taxed as income (but of course, you'll get your tax free threshold just like in Australia). Link to comment Share on other sites More sharing options...
steve 111 Posted November 30, 2015 Author Share Posted November 30, 2015 You are a wealth of knowledge Marisawright Thank you from me, my wife and German Shepherd that is costing me a fortune to take back Link to comment Share on other sites More sharing options...
steve 111 Posted December 29, 2015 Author Share Posted December 29, 2015 I have done my wifes visa app problem is she knows what year her mother was born but not the date is this critical Link to comment Share on other sites More sharing options...
Marisawright Posted December 29, 2015 Share Posted December 29, 2015 I have done my wifes visa app problem is she knows what year her mother was born but not the date is this critical Is there any way she can find out? I don't think it matters - there was some dispute about my oh's mother's DOB and he just put down the one they celebrated. No one questioned it. Link to comment Share on other sites More sharing options...
steve 111 Posted December 30, 2015 Author Share Posted December 30, 2015 Thankyou once agai Link to comment Share on other sites More sharing options...
steve 111 Posted January 18, 2016 Author Share Posted January 18, 2016 My wife has been to Brisbane and put her visa app in we done it on the 8 jan and got an email today saying the decision has been made documents are to be returned to Brisbane but did not say yey or nay,seems very short time Link to comment Share on other sites More sharing options...
steve 111 Posted January 20, 2016 Author Share Posted January 20, 2016 How soon can i reply if we are refused Link to comment Share on other sites More sharing options...
Marisawright Posted January 20, 2016 Share Posted January 20, 2016 How soon can i reply if we are refused Don't panic - my oh got his visa approved in a couple of weeks, his letter also didn't say yay or nay but it was an acceptance. Link to comment Share on other sites More sharing options...
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