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Advice on spouse via for the UK


alimay68

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Hi there

 

Does anyone have any advice to offer on the spouse visa process for the UK? My Aussie husband previously had a spouse visa just after we were married in 1995. We stayed there for just over 2 years. 12 years down the track, with a possibility of returning back to the UK, we thought that maybe, just maybe, we could re-activate that visa, but I don't think that's the case. I think we have to apply for a new visa, which is £585. If we decide to move back to the UK (that's another story), it would be next year, so if we applied and got it, how long is the validation for? 3, 6, 12 months? The whole 'moving back' process is a daunting prospect, given our life here for 12 years; a house, small business, 2 kids who're happy in school and me, only weeks away from total hip replacement surgery ... we're torn ... and I feel like I'm going completely bonkers at the moment!

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Guest proud2beaussie

If you are a British Citizen still and are returning to live in the UK then I don't know why he would need a spouse visa anyway as under the new rules I'm sure that he would only need entry clearance and then he would be entitled to apply for indefinete leave to remain.

Have a look at UK Border Agency | Can my husband, wife or civil partner come to live in the United Kingdom? and if that doesn't answer the question contact them at

UK Border Agency | Contact

HTH

N'OZ

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Guest proud2beaussie

Looking at the website it seems to suggest that you may be able to applty for indefinete leave to remain straight away.

In some cases, we can give your husband, wife or civil partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:

 

 

  • have married or formed a civil partnership four years or more ago;
  • have spent those four years living together outside the United Kingdom;
  • now be returning to the United Kingdom to settle here together; and
  • your spouse/partner must (unless aged 65 or over) have sufficient knowledge of the English language and about life in the United Kingdom.

 

 

which seems to apply to you?

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Guest proud2beaussie

Yes it's on this page.

UK Border Agency | Can my husband, wife or civil partner come to live in the United Kingdom?

In case anyone else is interested this is the whole page.

 

This page explains how your husband, wife or civil partner can join you in the United Kingdom if you are permanent resident in this country.

If this page does not answer all your questions, you can contact us.

Your husband, wife or civil partner may come with you to the United Kingdom, or join you here, if you are aged 21 or over and you:

 

 

  • currently live in the United Kingdom and are settled here; or
  • are returning to the United Kingdom with him/her to live here permanently.

 

He/she must show that:

 

 

  • you are legally married to each other or have registered a civil partnership;
  • you are going to live together permanently as man and wife, or as civil partners;
  • you have met each other;
  • you can support yourselves and any dependants without help from public funds;
  • you have adequate accommodation where you and your dependants can live without help from public funds; and
  • he/she is aged 21or over.

 

If you have more than one husband or wife, only one of them will be allowed to join you here as your husband or wife.

Your husband, wife or civil partner must obtain permission to enter the United Kingdom before travelling here. We call this permission (entry clearance). It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see our visa services website.

When your husband, wife or civil partner arrives in the United Kingdom, he/she will be given permission to live and work here for two years. Near the end of the two years, if you are still married or in a civil partnership and plan to live together, your husband, wife or civil partner may apply to live here permanently. See Settlement for details of how to apply for permanent residence.

In some cases, we can give your husband, wife or civil partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:

 

 

  • have married or formed a civil partnership four years or more ago;
  • have spent those four years living together outside the United Kingdom;
  • now be returning to the United Kingdom to settle here together; and
  • your spouse/partner must (unless aged 65 or over) have sufficient knowledge of the English language and about life in the United Kingdom.

 

See Partners and children for details of how you can be joined by your:

 

 

  • fiance, fiance or proposed civil partner;
  • unmarried or same-sex partner; or
  • children (including adopted children) or your partner's children.

 

 

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Guest zaparri

hi,

Spouse provisional visa generally lasts for 2 years. It is highly feasible that you may have to apply for a new visa as the previous one would be expired by now. There are cases where these visas just drags on for years, and I have seen the worst yet- was 7 years. This is not common, however this problem only happens if Immigration is not satisfied that the relationship is genuine.

 

 

Hi there

 

Does anyone have any advice to offer on the spouse visa process for the UK? My Aussie husband previously had a spouse visa just after we were married in 1995. We stayed there for just over 2 years. 12 years down the track, with a possibility of returning back to the UK, we thought that maybe, just maybe, we could re-activate that visa, but I don't think that's the case. I think we have to apply for a new visa, which is £585. If we decide to move back to the UK (that's another story), it would be next year, so if we applied and got it, how long is the validation for? 3, 6, 12 months? The whole 'moving back' process is a daunting prospect, given our life here for 12 years; a house, small business, 2 kids who're happy in school and me, only weeks away from total hip replacement surgery ... we're torn ... and I feel like I'm going completely bonkers at the moment!

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Guest Gollywobbler

Zaparri

 

Which jurisdiction are you describing? The OP (Original Poster) is seeking advice about migration to the UK, not about migration to Australia.

 

Considering that you have been providing "advice" about migration to Australia in your remaining three posts, but you do not seem to be migrating to anywhere yourself, would you please be good enough to explain your sudden interest in this forum?

 

Thank you

 

Gill

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Guest zaparri
Zaparri

 

Which jurisdiction are you describing? The OP (Original Poster) is seeking advice about migration to the UK, not about migration to Australia.

 

Considering that you have been providing "advice" about migration to Australia in your remaining three posts, but you do not seem to be migrating to anywhere yourself, would you please be good enough to explain your sudden interest in this forum?

 

Thank you

 

Gill

 

Sorry about that, I was a bit too quick to answer, and didn't realise that this was for moving back to the UK at the time.

 

My interest in the forum was brought about by my husband mentioning it, and as I work with Visa applications all day in the Australian Federal Government, I thought I would give some assistance where I could.

 

I will try to avoid this UK section in future, as I know very little about moving to the UK.

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