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Guest Matilda

Confused re spouse visas, selling house, timing of flights! Any advice appreciated!

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Guest Matilda

Hello everyone,

New to the forum but amazed at how friendly and supportive the posts I have read are! Really hoping some of you kind people may be able to help clear up some of our confusion.

 

We are planning to move to Australia as soon as we conceivably can, until last night we had thought this would be FEB/march 12. New information I discovered through this into question, hence the confusion.

 

Forgive me for what might be a long winded explanation of our situation!

 

I am Australian (Newcastle born and bred), but have been living in uk for last seven years on various visas, the most recent being my marriage visa to my lovely British husband. We have a beautiful 10 month old daughter born here in the uk (uk passport only at this stage). My limited leave to remain marriage visa is due to expire 2nd dec 11, and would cost us 975 pounds to renew into the indefinite leave to remain visa. We had been planning to pay this, thinking that it would allow me to come back into Britain if we ever need to return. However last night I discovered that indefinite leave to remain is only valid if you do not live outside Britain for two years+, and we are obviously planning a long term move to oz. In short, my visa expires in December and we are reluctant to fork out a grand for what will only be a couple of months if we don't have to. With me so far? Sorry for any muddle.

 

Anyway we are now thinking we might try to move before my visa expires. This introduces a whole new range of issues. I have been reading forum and I think it seems as though the absolute best result we can hope for my husband to get a spouse visa for Australia approved is 5 months (which obviously takes us past my uk visa expiring). I think I am also right in assuming I need a visa for my uk born daughter? Not sure if she can go on same form as her dad?

We also have a house to sell (will be putting it on market in next fortnight). Whilst we don't necessarily need it sold to move, it would be better for us financially and certainly we could only manage a few months cross over! Am nervous about the market and would think we would be incredibly lucky to have it sold before december!

 

Basically my questions are a) has anyone been in a similar situation or b) does anyone have and insight into our options?

 

I believe I am right in saying that in order to avoid paying the thousand pounds to get my visa renewed, I need to leave the uk before it expires on 2nd dec. My husbands visa will more than likely not be back by then, and we won't travel separately because of our daughter.

 

I know this is an essay so will be surprised if anyone has made it through it let alone made sense of it, but if anyone has any info or thoughts on our options they would be hugely appreciated! I am guessing copping the visa fee here might be the only clear cut way but if anyone has any other ideas...am desperate to get home!

 

Many thanks in advance

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Guest Matilda

Not until I have been married and living in country for three years on that basis (previous visas were whm and student, none of which count towards citizenship requirements)... Wish it were that easy!

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Can you not apply for australian passport for your daughter, as your australian.

 

Im British and my husband is french, When my daughter was born in UK we had to register her birth with the French Consulate.

 

My daughter has UK passport but as my husband is french she also has french birth certificate so she could also apply for french passport.

 

Is this not the same case for Australia?

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Guest Matilda

We didn't need to register my daughter at the Australian consulate (at least I hope not!), but you are right, she is eligible for an Australian passport. I am not too concerned about that at this stage, as we can apply for that onshore in oz if need be. It's more the visa issue we are concerned about, and I don't want to tie up any of our passports sending off for her Aussie one in case we need them for the visa applications. She is automatically entitled, but we still have to apply for citizenship for her as I understand it, and pay the fee. I could be wrong though!

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You can simply get your daughter citizenship by decent which is really easy, she then can get an Australian passport. Its an easy process - 2 weeks tops. There is no need to send off passports, just a trip to London to get her Oz passport.

I think when your Husband applies for his partner visa they expect you to have done this for your daughter, she doesn't need to be included in his application as she is technically going home..

The only option I can see is that you submit the partner application then head to OZ with your husband on a tourist visa or one that your CO suggests for you before your UK visa runs out. At the end of the day you would have to weigh up the £1000 or so if its worth it as your husband may not be able to work in OZ for a couple of months depending on his visa. Maybe its worth it so you can both stay here, get the visa and take your time to get really organised to go.. just a thought.

Also he would have to leave OZ to activate the visa incurring another cost

 

best of luck in any case


made the move, living the dream, happy families and happy days ....

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Guest Matilda

Many thanks Belaroy, that's really helpful. I think we will plan for that option...my husband going in on tourist visa, then leaving to activate his spouse visa. I might cost more than the 1000 pounds, but at least we would get a holiday out of it rather than it just being dead money! Think we might look into letting our house rather than selling.

 

Appreciate the advice re my daughter, we will have to plan a trip to London!

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Hi matilda

Can't help with all your queries but.........

there have been quite a few of us getting spouse visa's in 4 months recently (although they still quote 5/6 months)

As for your baby - no visa required if you get Citizenship by descent and then an Oz passport.

 

Hope this helps a bit


Application sent 24/3/11. CO appointed 1/4/11. Meds 21/4/11 Visa granted 26/7/11

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We've just been through the 309/100 process. Took just under 5 months. We also have a child who is now an aussie citizen by descent. I personally wouldnt be prepared to pay an extra £1K to wait, but everyone is different. IMO you could...

 

1. Apply for 309/100 asap. (we paid £1150 but I think its gone up again). You go to australia with your little one in december, hubby follows as soon as visa is granted (probably end of jan)

 

2. Apply for 309/100 asap. You go to australia in december with baby and your husband (on a tourist visa). Means hubby wont be able to work, but bridges the gap. You'll just need to let your CO officer know your intentions.

 

Not sure re selling the house, but if you went with option 1, it would give you a chance to get settled in aus and hubby to tie up loose ends here.

 

You do not need to include the baby on your visa application if she already is an aussie citizen. As soon as she is a citizen, you can apply for her aussie passport. You need to go an have an interview with the consulate to get her passport....make sure you get the aussie sized passport photos (different to uk standard).

 

Good luck :wubclub:


I'm packing your extra pair of shoes, and your angry eyes, just in case!

309/100 app 05-03-11, Received/Money 08-03-11, CO & Meds/Police Request 15-03-11, Med done 01-4-11, Police sent 06-04-11- VISA GRANTED 29/07/11

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Guest Matilda

Thanks very much for your suggestions, very much appreciate your insight given your similar situation! Think we are going to go with entering on a tourist visa, I know my husband wouldn't want to be apart from our daughter (and hopefully me too! ;) ) for the Christmas period.

We will be looking into letting our property if that is possible in order to be a bit more certain about booking etc.

Need to get our daughter citizenship as first step by looks of it!

Many thanks again. When are you off to oz?

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Thanks very much for your suggestions, very much appreciate your insight given your similar situation! Think we are going to go with entering on a tourist visa, I know my husband wouldn't want to be apart from our daughter (and hopefully me too! ;) ) for the Christmas period.

We will be looking into letting our property if that is possible in order to be a bit more certain about booking etc.

Need to get our daughter citizenship as first step by looks of it!

Many thanks again. When are you off to oz?

 

we're off in October or November, havent booked flights yet, too busy attempting to 'clear-out' all the junk in our house!! :twitcy:


I'm packing your extra pair of shoes, and your angry eyes, just in case!

309/100 app 05-03-11, Received/Money 08-03-11, CO & Meds/Police Request 15-03-11, Med done 01-4-11, Police sent 06-04-11- VISA GRANTED 29/07/11

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Guest jtrd

Hi, We are in an incredibly similar situation and maybe this may help you. It is much easier and quicker to make your hubbys visa application as uncomplicated as possible which is why we got our little girl citizenship - she could have gone on Dad's visa application but you (as the Australian) would also need to include in the application a police check from the UK and also one from Australia (really tricky and long winded to get hold of) as you would not only be sponsoring your hubby but also a minor. The citizenship by decent form is easy to find on the web site and just gets posted to the embasy and we had it back in just over a week, directly we had this we made an appointment to submit both kids (I have an Aussie born and a British born) passport applications - you'll have this appointment within 6 weeks of your phone call.

As for hubbys application, we posted it last Friday, heard back from our case officer yesterday. Sent off the extra bits today and hubby has his medical booked for Tuesday. The longest bit so far has been waiting for hubbys police check to come back as we wanted to send this with the application. You could always put a covering letter explaining your situation with your application - you just never know...

Best of luck to you

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