MrsShields12 Posted January 31, 2018 Share Posted January 31, 2018 Hi I'm looking for advice. I am just about to apply for my 309 visa to move to Australia with my husband and our three children (dual citizens ). We have been married for over two years and have two biological children. With the 40sp form it asks about a job and tax codes etc , My husband has been living with me in Scotland for the last three years so doesn't actually have a job in Australia to go to at the moment. Will this go against us because he is in the UK on a spouse visa just now. Also we have a six bedroom dwelling with 80 acres of property to move to that is outright owned by my husbands parents does this stand in good stead? I'm physically making myself ill with the thought of my family being separated. TIA A very worried wife and momma. Quote Link to comment Share on other sites More sharing options...
Guest Posted January 31, 2018 Share Posted January 31, 2018 It won’t impact that your husband doesn’t have a job in Australia that I am aware of. He is living and working in the UK at present. Most sponsors don’t have jobs in Aus when an application is lodged or approved. My husband didn’t and neither did many sponsors I’ve read about on here. Like most, they seek work once they have arrived in Aus after the partners visa is granted. My husband included the most recent 2 years of salary slips from the UK to show he was the main earner and supported the family. Plus bank statements to reflect it going into an account and then some into our joint account etc. He also in his statement explained his plans for when we arrived in Aus and how he would seek work, stay with family till job was found etc. Basically that we would not be homeless or a burden on the state sort of thing. We planned to stay with husbands family when we first arrived and stated this in my application. It was fine. The small farm and staying with his parents should be viewed the same way i would hope. Try not to stress too much Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted January 31, 2018 Author Share Posted January 31, 2018 Thank you very much for your reply. It looks to me like it's all about Australian employment and not employment he is in at the moment. I actually keep putting off pressing the button as I am scared I miss something out, but I will need to do it soon as it will be pre loaded with police checks and also the medicals. plus my husbands visa for the Uk runs out in August this year so I'm hoping for a medical that I'm one of the luck ones lol. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 1, 2018 Share Posted February 1, 2018 Can he not extend his visa if need be? Please, if it helps put your mind at rest read up in our partner visa thread to see what others have done re the financial obligation. Honestly, how can anyone have a job in Australia when an off shore visa could take a year or more to process? It’s not realistic. My understanding of it when we applied and Inam not aware it’s changed since the. is that it’s more that you won’t be a burden on the state and your husband will support you to prevent this. His assurance as it were. But please, read up more on it Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted February 1, 2018 Author Share Posted February 1, 2018 thank you I will dive into that just now. It is hard to believe I done his full visa coming to Britain without a single problem . I think I'm just getting more worked up this time as the babies are involved. Quote Link to comment Share on other sites More sharing options...
Peach Posted February 1, 2018 Share Posted February 1, 2018 My partner/sponsor was a stay at home mum when we moved to Australia. Even though she had no intention of working it didn’t impact her ability to be my sponsor. Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted February 1, 2018 Author Share Posted February 1, 2018 Thank you kindly for your response. I think I keep reading and reading other peoples posts and scaring myself out of pressing submit. My husband is Australian and lived in Glasgow the last two years , To say he wants home is an understatement. Quote Link to comment Share on other sites More sharing options...
Quoll Posted February 1, 2018 Share Posted February 1, 2018 (edited) It’s a shame but he doesn’t sound like he’s prepared to stay in U.K. long enough to get his citizenship - that certainly, potentially, makes things easier in the long run should you all ever decide to return to UK again. It’s a good investment. Your application for a partner visa should be quite straightforward and your kids just need their Aussie passports. Your third child could be a problem - if they are not your husband’s child. You will need permission from the child’s father for them to leave the country. It was a long long time ago when I got my spouse visa and I can still remember the only question they asked me - “have you ever been in an institution for the criminally insane?” As it happens, I had - as a psychologist. Didn’t stop me getting the visa though. You’ll be fine! Edited February 1, 2018 by Quoll Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 1, 2018 Share Posted February 1, 2018 3 hours ago, Quoll said: It’s a shame but he doesn’t sound like he’s prepared to stay in U.K. long enough to get his citizenship - that certainly, potentially, makes things easier in the long run should you all ever decide to return to UK again. It’s a good investment. Getting citizenship in the UK is a very long haul indeed. The first spouse visa is for two years. Then you have to apply again and you can get a five year visa. Then you can apply for Indefinite Leave to Remain. I'm not sure how long after that you can apply for citizenship, and then of course you have to wait for it to be approved. So the OP's hubby would have to hang out for at least another two years and probably longer. 1 Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted February 2, 2018 Author Share Posted February 2, 2018 Hi there , Thank you for your comments. In relation to him staying here for a further 2,5 years None of us want this , That's why we have chosen to go the other way. Also in relation to my other son, I live in Scotland and I am the only parent with parental responsibility so his other parent doesn't actually have to sign or agree to anything. (not that there is an issue with that anyway but just pointing it out ). Scots law states" any child who was born before May 2006 and their parents were not married, Sole parental responsibility goes to the mother unless the father takes her to court and obtains these rights at any time there after." Quote Link to comment Share on other sites More sharing options...
Guest Posted February 2, 2018 Share Posted February 2, 2018 I can understand not wanting to wait a few more years before making the move. Citizenship would be the ideal to allow you to come and go as a family but if it’s not something that is realistically attainable then that’s ok You know the negatives of the UK spouse visa should you all wish to return so no surprises for you later on at least. Its not always possible to hang on for citizenship whichever way you go and honestly, if you and he both want to make the move, then fair enough, go for it. Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted February 2, 2018 Author Share Posted February 2, 2018 I'm not sure where you are based but we are in Scotland just now. Scotland has given me more than it has ever taken away BUT it is going to the dogs and with all this brexit stuff going on, I just don't want to bring my kids up here. Me and the kids are all British Citizens so that's ok lol. On a side note and I won't double questions up in future and if I'm not allowed then I apologise in advance, but do all sponsors have to fill in a Form 80? It isn't a issue but I didn't know if it was compulsory. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 2, 2018 Share Posted February 2, 2018 The sponsor requirements have changed a bit in the last year or two since I got my visa. I don't remember we had to submit one. Back then it was if asked. Does it say its a required piece in the checklist? Hopefully someone from a more recent application will be along. If not, post and ask in the main partner visa thread perhaps. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 3, 2018 Share Posted February 3, 2018 (edited) My Australian husband didn't have a job to go to either when we applied. I just wrote how we had been working x amount of years and the jobs we had been employed in. I also submitted our CV's so the case officer (CO) could see we were employable (although this in no way meant we would secure roles in Australia (or anywhere else for that matter) - just to show we were professional people). We also wrote in our documents how we fully supported each other not only emotionally and physically but shared savings/bills/etc.. together and the times either of us was out of work the working person supported the other person - we wrote we had the intention of not doing anything different when we moved. This seemed to help as we didn't receive any questions when ours was approved. You'll be fine. Just take a deep breath and write down everything you need to do. Start ticking things off the list as you go, if you did this already for the UK spouse visa you can do this again for the Australian one. Don't forget, you can press the submit and do what we, and many others did, by then uploading more documents as we went along. It's not like once you press submit and pay the fees you can't go into your application ever again. Obviously you want to have as much as you can uploaded when you press submit and you don't want to wait too long until you have it complete as you'll never know when the CO starts on your application. We front loaded he police clearance and undertook the medical before the CO requested either. We didn't fill in form 80. Every case is different however. Feel free to ask as many questions as you like on here. I've always found someone will have the answer and it's such a helpful site. Good luck! By the way, how cool is this to go to ! " six bedroom dwelling with 80 acres of property to move to that is outright owned by my husbands parents" Ps I miss Scotland ! Edited February 3, 2018 by Guest Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted February 3, 2018 Author Share Posted February 3, 2018 Hi Ozzie , Thank you so much for the reply , I must admit it was certainly a little confidence boost reading it. Yes we got my husbands parents to fill out a 888 form stating we will live there and they will cover our financial aspects till we secure jobs. Also regarding the work situation although I work in a contact centre, I have done for 10 years now dealing with Traffic Scotland. Are you Scottish if you don't mind me asking ? Scotland has given me more than it will ever take away , I think the farm and the lifestyle is better for the kids though. The Uk in general is going right downhill just now it is depressing. I'm filling out my relationship history just now and I feel like I'm adding too much. We've been together since 2014, have three kids (two biological ) We were married in 2015 in Aus but had a blessing in Scotland also. There has been sooo much happen I feel like I'm writing scrolls but I don't know what to trim out. I know I have got this , It is just because it is going the opposite way I don't know why I'm extra nervous lol. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 4, 2018 Share Posted February 4, 2018 I wrote a few pages, typed when I did my supporting statement but that was when postal applications were still ok and so it was fine. Other people bullet pointed their relationship and broke it down that way. Do what is right for you but keep it clear. Don't get lost in waffling and missing out important things. Answer the things they are asking and be honest. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 4, 2018 Share Posted February 4, 2018 5 hours ago, MrsShields12 said: Hi Ozzie , Thank you so much for the reply , I must admit it was certainly a little confidence boost reading it. Yes we got my husbands parents to fill out a 888 form stating we will live there and they will cover our financial aspects till we secure jobs. Also regarding the work situation although I work in a contact centre, I have done for 10 years now dealing with Traffic Scotland. Are you Scottish if you don't mind me asking ? Scotland has given me more than it will ever take away , I think the farm and the lifestyle is better for the kids though. The Uk in general is going right downhill just now it is depressing. I'm filling out my relationship history just now and I feel like I'm adding too much. We've been together since 2014, have three kids (two biological ) We were married in 2015 in Aus but had a blessing in Scotland also. There has been sooo much happen I feel like I'm writing scrolls but I don't know what to trim out. I know I have got this , It is just because it is going the opposite way I don't know why I'm extra nervous lol. Pleasure, you'll be fine! x Quote Link to comment Share on other sites More sharing options...
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