partner visa Aus to UK

[xlornax]

Hi, i am (dual citizen - UK/Aus) getting married to an Australian later this month and then we want to apply for the partner visa so we can return to UK to live/work. I have a written conditional job offer earning enough to cover requirements - is this enough to apply for visa or do i need to wait for police check/references to return? Also i applied for 189 visa myself and found it easy without any help, is the partner visa straight forward too or do you think we should pay someone to help us? Any idea on time frames for visa and can we return to UK before his visa is issued on a visitor visa? Any info appreciated.

Thanks

[Marisawright]

They want evidence of your last six months' employment, even if that was in Australia - they know you can't continue that job, but it's indicative of your employability.  It's your Australian salary that will be used to meet the requirement. Then you'd include your job offer as proof that you can continue that in the UK.

When we applied for our UK partner visa, we weren't asked for any police checks or references - are you sure they're necessary?

The UK partner visa is easy to do yourself.   There's only one little quirk to watch out for  - at the time we applied, the main application was done online, but there was an extra form that had to be printed off and filled in.  There was no mention of this form anywhere in the online section so we nearly missed it, and our application would've been rejected without it!  Here it is:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/733638/VAF4A-Appendix2-08-18.pdf

Note that you have to give an accommodation address in the UK.  This is really important and can't be just a hotel.   They want to be assured that you have a place where you can stay comfortably for a reasonable length of time.   We gave my sister's address because she has a a large house with plenty of room (even though we had no intention of living there, in fact we weren't planning to live in the same town!).  I talked to her so she'd be aware if anyone rang to check, but no one did - however I've heard of people being refused because the accommodation was deemed inadequate, so it's something to consider.    

Once you've submitted the online form, you have to print it all off and then book a face-to-face appointment.  Your partner will have to take all the forms and all your original documents to that appointment and hand them in - including his passport. He won't get any of it back until the visa is granted.  At the time we applied, we were told it would take six weeks but it only took three. 

Obviously since he has to hand in his passport, you won't be able to go to the UK until he gets it back.

 

[xlornax]

Hi thank you, i mean that my job offer is conditional on police checks/references so do i need to wait for these to be cleared or is the conditional job offer enough to attach to visa application.

I didn't know about the Aus salary, will my payslips for 6 months be what they are looking for? And will they want my partners pay slips too or just mine?

And i didn't know about the interview either and handing in passport! Thanks for that, very helpful!

[Marisawright]

9 minutes ago, xlornax said:

Hi thank you, i mean that my job offer is conditional on police checks/references so do i need to wait for these to be cleared or is the conditional job offer enough to attach to visa application.

I didn't know about the Aus salary, will my payslips for 6 months be what they are looking for? And will they want my partners pay slips too or just mine?

And i didn't know about the interview either and handing in passport! Thanks for that, very helpful!

Partner's income is irrelevant.  They want your payslips for the last six months.  

I suggest double-checking that though, as we used our savings so we didn't have to jump through that hoop.   It still seems weird to me that they'd accept an Australian salary as proof of income when you're obviously about to leave your job!

If doing the police checks means you can get a signed contract of employment to attach to the application, then yes, I'd wait for that.  

By the way, we didn't attach anything about our accommodation but that was a few years ago.  It seems as though things have got a lot stricter since then.   It would be worth Googling to find out what they require now.  I found this site:

https://www.migrate.org.uk/spouse-visa-uk-2018/#1544387795449-9764f0f2-cf40fc0b-8dc2ba60-1504

I've never heard of the site before but their DIY pack sounds like it might be worth getting for that price, for peace of mind.  

[xlornax]

Wow that is alot of information on that site, it looks really complicated! 

Thank you, we have a better idea of what we are doing now.

 

[Marisawright]

3 minutes ago, xlornax said:

Wow that is alot of information on that site, it looks really complicated! 

 

It is complicated but I think that site is going out of its way to make it look worse than it really is - after all, they want you to pay them to do the application!

Basically, all you've got to do is fill in two forms, one online and one printed.  It's true that they take a long time to fill them in (and don't, whatever you do, submit the online form till it's 100% complete and you've checked it ten times!), but it's doable if you take it slow.

 

[xlornax]

yeah i was thinking that too, they want to make it look hard! Thank you for your help, i will take my time and give it a go!

[Quoll]

I suppose you've checked out your partner's family history? If he had a British born grandparent lurking in there then an ancestry visa is the way to go rather than the spouse visa which has several little irritating issues - like your inability to access some benefits because you accessing a benefit would indirectly benefit him and the application is specific that he will receive no government benefits for the duration of the visa. Also, there are periodic evaluative of your funds to make sure you still comply with the financial requirements. At this point, too, even if he doesn't have a UK born grandparent does he have any other European ancestry which works entitle him to a EU passport which might be enough in the first instance for a move.

[xlornax]

Hi another question, we have completed the form and have bio metrics thing to do in Sydney tomorrow, but we are wondering if we need to submit proof of relationship such as photos, texts, letters from people who know us or is the marriage certificate enough? The checklist just asked us to provide proof of relationship so we thought marriage cert would be enough but now we are second guessing everything as it costs so much money!

Thanks

[Marisawright]

14 minutes ago, xlornax said:

Hi another question, we have completed the form and have bio metrics thing to do in Sydney tomorrow, but we are wondering if we need to submit proof of relationship such as photos, texts, letters from people who know us or is the marriage certificate enough? The checklist just asked us to provide proof of relationship so we thought marriage cert would be enough but now we are second guessing everything as it costs so much money!

Thanks

We didn't submit any proof of relationship except our marriage certificate.  Don't forget your passport photos, proof that you meet the financial requirements, and that extra form!

Edited January 2, 2020 by Marisawright

[xlornax]

excellent, thanks very much, you have been a great help

[MacGyver]

We used an agent/lawyer to help us prepare our application. The application itself is fairly straightforward but we wanted someone to basically tell us it was ok, after a stupid mistake caused issued with an Aus visa application at the time.

They issued this advice to us (unmarried visa):

"below is an initial list of the documents that you need to pull together in support of your application.  Please note that none of the financial documents should be dated more than 28 days prior to the date that your application is submitted

The document list is as follows:

1. Financial Documents

Current Employment (Australia):

• Sponsors bank statements dating back six months from the date of your application showing receipt of salary;

(You can print these from banking service provider’s website or ask the bank to print them.  If, however, they are not on original headed bank notepaper, the bank MUST certify (stamp) every page or provide a signed letter on bank headed notepaper confirming that they are genuine and authentic.)

• Sponsors original signed and dated employment contract;
• Sponsors payslips for the six months immediately prior to your application being submitted;

(These payslips must be either (a) original formal payslips issued by his employer and showing the employer’s name  or (b) accompanied by a letter from his employer, on their headed paper and signed by a senior official confirming the payslips are authentic.)

• a letter from Sponsors employer confirming their employment and gross annual salary, the length of employment, the period over which they have been paid the level of salary relied on in the application and the type of employment.

New Employment (UK):

• a letter from the new employer which confirms the job offer, the gross annual salary and the starting date of the employment which must be within three months of Sponsors return to the UK; or
• a signed contract of employment, which must have a starting date within three months of sponsors return to the UK.

2.  Accommodation

• a recent Council Tax letter for the property that the Sponsor owns in the UK;
• either a copy of the Title Register from the Land Registry for the property (which can be downloaded online for £3), or a recent mortgage statement to prove ownership of the property; and
• a property inspection report. 

 [the above can be replaced with a letter from eg a family member with whom you will stay, plus the above documents showing they occupy the property, plus a property report showing it does not exceed occupancy limits]

3.  Relationship

• photos of the couple together over the course of the relationship;
• six items of correspondence addressed to applicant and sponsor at the same address as evidence that you have been living together from the date you first started living together up to a maximum of two years*;
• evidence of communication between applicant and sponsor over the course of your relationship;
• a letter from the applicant regarding your relationship and a letter from the sponsor confirming that he/she will support you when you are here as his/her partner; and
• statements from friends and family to support the fact that you are in a genuine relationship. 

*I understand that you might struggle to find six items of correspondence addressed jointly but that you can evidence multiple official documents from individual accounts at the same address.  This is fine.  For example – you can submit four items of correspondence in joint names to the same address and two items addressed to each of you at the same address so that, in total, eight items would need to be submitted.  Or, as another example, you could submit two items of correspondence in joint names to the same address and five items addressed to each of you at the same address so that, in total, twelve items would need to be submitted.  Note that the dates of the items of correspondence should be spread evenly over the whole period you are relying on and should be from at least three different sources.

4. Additional Documents

• Applicants current passport;
• Applicants previous passport(s) if any;
• Sponsors passport;
• two recent and identical passport-sized colour photographs of applicant with your full name written on the back of each;
• one recent passport-sized colour photograph of the sponsor with his/her full name written on the back.

5. Appendix 2

• A completed Appendix 2.

 

I hope this is helpful as we found it a very stressful experience and less clear than the Australian application (although much quicker). I would add that your partner cannot visit the UK while the application is being processed.

[xlornax]

On 02/01/2020 at 15:54, MacGyver said:

Thank you for that! We submitted last week and had biometrics appointment on Friday, just an anxious wait now!