Caz Rooney Posted May 6, 2016 Share Posted May 6, 2016 Hi all, Wondering if anyone can help at all..I'm moving back to the UK a month before my wedding with my Australian fiance. Does anyone have any idea what the visa situation might be for him for this? What type he would need? Any help would be massively appreciated! Thanks, Caroline Link to comment Share on other sites More sharing options...
Bungo Posted May 6, 2016 Share Posted May 6, 2016 Hi all, Wondering if anyone can help at all..I'm moving back to the UK a month before my wedding with my Australian fiance. Does anyone have any idea what the visa situation might be for him for this? What type he would need? Any help would be massively appreciated! Thanks, Caroline So the fiancé visa is not applicable as you would need to be "settled" in the UK for your fiancé to apply for that and clearly you are not. He could come on a tourist visa for the wedding but he will not be able to stay, he would have to go offshore again in order to apply for a spouse visa. There are financial hurdles for you to meet in order for him to appply for the spouse visa, you would need a job paying at least £18k or savings of £62k. Link to comment Share on other sites More sharing options...
Bungo Posted May 6, 2016 Share Posted May 6, 2016 So the fiancé visa is not applicable as you would need to be "settled" in the UK for your fiancé to apply for that and clearly you are not. He could come on a tourist visa for the wedding but he will not be able to stay, he would have to go offshore again in order to apply for a spouse visa. There are financial hurdles for you to meet in order for him to appply for the spouse visa, you would need a job paying at least £18k or savings of £62k. Just been thinking about this further, whilst he could come as a tourist for the wedding, if immigration suspect he is not a tourist (which could be the case if travelling with you on a one way ticket and you announce you are moving back) well he could be denied entry. Which would be a bit of a blow to wedding plans.. When is the wedding?n is it all booked? Link to comment Share on other sites More sharing options...
Quoll Posted May 6, 2016 Share Posted May 6, 2016 Is he planning on staying after the wedding? He can get a tourist visa if he's intending to leave again but if he wants to stay then the best bet is to check his family history and see if he can rustle up a UK born parent or grandparent, then an Ancestry visa is the one to go for. If no UK ancestry then does he have any European ancestry which might get an EU visa. Failing that you're going to negotiate the spouse visa route. Link to comment Share on other sites More sharing options...
Marisawright Posted May 6, 2016 Share Posted May 6, 2016 Wondering if anyone can help at all..I'm moving back to the UK a month before my wedding with my Australian fiance. Does anyone have any idea what the visa situation might be for him for this? What type he would need? Any help would be massively appreciated! This may come as a shock, but the visa situation is potentially grim! What you need is a spouse visa, but he's not your spouse yet, so he can't apply for that. Also, you can't apply for the spouse visa in the UK, so he'll have to go back to Australia to apply for it, then it takes about three months to be processed. In order to be granted the spouse visa, you either need £62,500 in savings between you (which must have been in the bank for at least 12 months, unless it's the proceeds of a house sale), OR you need a job lined up in the UK that pays at least £18,000 a year. If you can't satisfy one or other of those financial requirements, he can't get a visa. I know it's a shock that a British citizen can't bring their husband to live in the country, but that's the reality for thousands of people. Fingers crossed that he has some kind of ancestry that will let him qualify for his own British or European passport so he can gain entry in his own right. Link to comment Share on other sites More sharing options...
Caz Rooney Posted May 6, 2016 Author Share Posted May 6, 2016 Thanks all. So me, the Brit, not being settled in the UK yet seems to be the issue! How frustrating that as a British citizen I cannot bring my partner who I am marrying within a month of being home with me...so complicated! Does anyone know whether he would need to be out of the EU entirely to apply for the visa...I'm thinking if we got married in the UK on a tourist visa/marriage visa then he could head to another european country while we apply for the spousal visa and then come back in the meantime while we await the decision....might that work? Or could we just apply for a normal partner defacto visa if there is such thing rather than a marriage/spousal one? Worst case scenario looks like we'd have to get married in the UK on a tourist visa then he'd have to head back to Aus after our honeymoon in order to apply for the visa and have proof of flights back out of the UK so they could see he wouldn't be staying without a visa and border control wouldn't get their knickers in a twist. Thanks so much for all your help! Link to comment Share on other sites More sharing options...
Marisawright Posted May 6, 2016 Share Posted May 6, 2016 Thanks all. So me, the Brit, not being settled in the UK yet seems to be the issue! No, it isn't. He would have to meet exactly the same financial requirements whether you are already living in the UK or not. If you mean the fact that you need to have a job - it's OK if you haven't actually started work yet, if you can get a job offer and provide written evidence that you've secured the job and have a start date, that's enough. The rules say he has to submit the application in his home country. He could fill out the online application form from anywhere, but he will have to attend a face-to-face interview to submit some paperwork to complete the application, and then he'll have to return to the consulate to pick up his visa after it's approved. So unless he wants to make two visits to Australia within a few weeks of each other, he'll need to be back in Oz. Your "worst case scenario" is exactly what you'll have to do. There isn't an alternative partner/de facto visa. Link to comment Share on other sites More sharing options...
calNgary Posted May 6, 2016 Share Posted May 6, 2016 Posts have been removed. This is not CTF so back on track please Cal x Link to comment Share on other sites More sharing options...
beach pig Posted May 6, 2016 Share Posted May 6, 2016 Thanks all. So me, the Brit, not being settled in the UK yet seems to be the issue! How frustrating that as a British citizen I cannot bring my partner who I am marrying within a month of being home with me...so complicated! Does anyone know whether he would need to be out of the EU entirely to apply for the visa...I'm thinking if we got married in the UK on a tourist visa/marriage visa then he could head to another european country while we apply for the spousal visa and then come back in the meantime while we await the decision....might that work? Or could we just apply for a normal partner defacto visa if there is such thing rather than a marriage/spousal one? Worst case scenario looks like we'd have to get married in the UK on a tourist visa then he'd have to head back to Aus after our honeymoon in order to apply for the visa and have proof of flights back out of the UK so they could see he wouldn't be staying without a visa and border control wouldn't get their knickers in a twist. Thanks so much for all your help! I'm not sure on the legalities of your predicament. But for sure it stinks.like others have said trace his ancestry or have the money or the job that qualifies him good luck. my post earlier was about the absurdity of the system when economic migrants /asylum seekers can just rock up from Europe ,Africa Asia,and get helped out.last time I looked the Aussie flag still had the Union Jack.hope it all works out for you. Link to comment Share on other sites More sharing options...
CiderDrinkingCoder Posted May 6, 2016 Share Posted May 6, 2016 Yes, well, the Hawaiian flag has the Union Flag incorporated into it as well. Last I checked, we had pretty stringent migration rules for Americans, as well. Your argument's really very futile. Link to comment Share on other sites More sharing options...
snufkin Posted May 6, 2016 Share Posted May 6, 2016 Thanks all. So me, the Brit, not being settled in the UK yet seems to be the issue! How frustrating that as a British citizen I cannot bring my partner who I am marrying within a month of being home with me...so complicated! Does anyone know whether he would need to be out of the EU entirely to apply for the visa...I'm thinking if we got married in the UK on a tourist visa/marriage visa then he could head to another european country while we apply for the spousal visa and then come back in the meantime while we await the decision....might that work? Or could we just apply for a normal partner defacto visa if there is such thing rather than a marriage/spousal one? Worst case scenario looks like we'd have to get married in the UK on a tourist visa then he'd have to head back to Aus after our honeymoon in order to apply for the visa and have proof of flights back out of the UK so they could see he wouldn't be staying without a visa and border control wouldn't get their knickers in a twist. Thanks so much for all your help! We applied from Australia - i had to have a job starting within 3 months paying over £18 600 or something, proof of our relationship and evidence of where we would live in the uk! I think we looked at if he could apply from an EU country also but he would need a visa in that country entitling him to stay there for at least 6 months, so wasn't going to work for us. If you have a job lined up and have been together for a while I am sure you can apply from Australia for a non-married spouse visa. Link to comment Share on other sites More sharing options...
Marisawright Posted May 6, 2016 Share Posted May 6, 2016 If you have a job lined up and have been together for a while I am sure you can apply from Australia for a non-married spouse visa. The snag for the OP is that there isn't enough time left for that, as I'm sure they don't want to postpone their wedding! Link to comment Share on other sites More sharing options...
Bungo Posted May 6, 2016 Share Posted May 6, 2016 Thanks all. So me, the Brit, not being settled in the UK yet seems to be the issue! How frustrating that as a British citizen I cannot bring my partner who I am marrying within a month of being home with me...so complicated! Does anyone know whether he would need to be out of the EU entirely to apply for the visa...I'm thinking if we got married in the UK on a tourist visa/marriage visa then he could head to another european country while we apply for the spousal visa and then come back in the meantime while we await the decision....might that work? Or could we just apply for a normal partner defacto visa if there is such thing rather than a marriage/spousal one? Worst case scenario looks like we'd have to get married in the UK on a tourist visa then he'd have to head back to Aus after our honeymoon in order to apply for the visa and have proof of flights back out of the UK so they could see he wouldn't be staying without a visa and border control wouldn't get their knickers in a twist. Thanks so much for all your help! Is the ancestry visa not an option? You wouldn't need to be outside Europe to apply for the spouse visa, just the UK. I do not believe the UK has a defacto partner visa, it has the fiancé visa but he is not eligible for that as you are not settled in the UK. The other issue is whether he would even be admitted to the UK for the wedding, whilst accompanying you who intends to move back. If you were both just coming over for a holiday and to get married in the brides homeland that would be fine. But if you arrive on a one way ticket and with all your worldly goods with you, then he could look like a risk of overstaying and it could be highly problematic. We applied from Australia - i had to have a job starting within 3 months paying over £18 600 or something, proof of our relationship and evidence of where we would live in the uk! I think we looked at if he could apply from an EU country also but he would need a visa in that country entitling him to stay there for at least 6 months, so wasn't going to work for us. If you have a job lined up and have been together for a while I am sure you can apply from Australia for a non-married spouse visa. You were presumably married though? There is no such thing as a "non married spouse". It is normal to apply for the spouse visa from overseas indeed it is the only way, but OP is not married and therefore the situation is completely different. Link to comment Share on other sites More sharing options...
Guest Posted May 6, 2016 Share Posted May 6, 2016 Is the ancestry visa not an option? You wouldn't need to be outside Europe to apply for the spouse visa, just the UK. I do not believe the UK has a defacto partner visa, it has the fiancé visa but he is not eligible for that as you are not settled in the Uk You were presumably married though? There is no such thing as a "non married spouse". It is normal to apply for the spouse visa from overseas indeed it is the only way, but OP is not married and therefore the situation is completely different. There is a non-married partner visa (also known as a defacto visa) in the UK but it doesn't help the OP as the requirements are essentially the same as a spouse visa with the U.K. Partner needing to be ordinarily resident in the UK plus the financial requirements Link to comment Share on other sites More sharing options...
Marisawright Posted May 6, 2016 Share Posted May 6, 2016 All the Above posts are correct and that is what is wrong with the system regarding the ops dilemma when anyone from Europe or the world can just walk in Scott free.Now why are my posts regarding this being deleted is there a referendum on voting in or out soon I wonder. No, they're being deleted because they are not helpful to the OP. She didn't ask for a discussion about whether it was fair, and she certainly didn't ask for a slanging match between two people about it. She wants to know what her options are. You want to have a discussion about the fairness of it, start your own thread. Link to comment Share on other sites More sharing options...
CiderDrinkingCoder Posted May 6, 2016 Share Posted May 6, 2016 Cleared. Link to comment Share on other sites More sharing options...
bristolman Posted May 6, 2016 Share Posted May 6, 2016 No, they're being deleted because they are not helpful to the OP. She didn't ask for a discussion about whether it was fair, and she certainly didn't ask for a slanging match between two people about it. She wants to know what her options are. You want to have a discussion about the fairness of it, start your own thread. Marisa, can you not clean this post up and get rid of the nonsense ? Sorry for some reason I thought you were a moderator. Link to comment Share on other sites More sharing options...
CiderDrinkingCoder Posted May 6, 2016 Share Posted May 6, 2016 I quite agree. No point feeding the troll, I'll clear out my posts. If a mod could delete the ref, I'd be grateful. Link to comment Share on other sites More sharing options...
Marisawright Posted May 6, 2016 Share Posted May 6, 2016 Marisa, can you not clean this post up and get rid of the nonsense ? Sorry for some reason I thought you were a moderator. I was for a short time, I asked to be removed because I decided I needed to pull myself together and stop hiding on the internet, instead of trying to get out and make a success of my life in So'ton. Being a mod gave me an excuse to stay on this site for far too long every day! Not that it seems to have made much difference... Link to comment Share on other sites More sharing options...
beach pig Posted May 6, 2016 Share Posted May 6, 2016 Yes, well, the Hawaiian flag has the Union Flag incorporated into it as well. Last I checked, we had pretty stringent migration rules for Americans, as well. Your argument's really very futile. Last time I checked the Union Jack wasn't on the USA flag ... Futile lol try again! Link to comment Share on other sites More sharing options...
Bungo Posted May 6, 2016 Share Posted May 6, 2016 There is a non-married partner visa (also known as a defacto visa) in the UK but it doesn't help the OP as the requirements are essentially the same as a spouse visa with the U.K. Partner needing to be ordinarily resident in the UK plus the financial requirements Apologies, my bad. Link to comment Share on other sites More sharing options...
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