tomgolland Posted March 12, 2012 Share Posted March 12, 2012 Hi all, I used this forum several years ago when I was working on my oz visa and now it's time to go take my new aussie family to the U.K. We are planning to move to the U.K later this year, probably August/September time. I have been here for nearly 6 years and have got married and had kids here and now really miss home, my aussie wife is keen for the move so no dramas there and the kids will be too young. We're busy trying to turn our plans into reality and we're making slow progress, it seems that doing everything in the right order is key. I was wondering if anyone could help with any visa advice for my wife, as I understand it as the wife of a U.K citizen who is returning with her she will be initially entitled to a 2 year temporary visa with a view to permanancy being granted after the 2 year period. We will have been married for 2 years and will have 2 children, does that in any way fastrack her to permanancy? Also with the application will she need to do an English test and what kind of documents are needed to prove wealth? We own a property in the U.K but have not much in the way of savings. And of course does anyone know how quickly the applications are moving at the moment? And also, will she need a return ticket to Oz as part of her visa? Cheers, Tom Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted March 12, 2012 Share Posted March 12, 2012 Hi Tom, I have no idea on UK Visas but wanted to wish you all well. Link to comment Share on other sites More sharing options...
yorkiegirl Posted March 12, 2012 Share Posted March 12, 2012 Hi Tom, we have done this recently for my husband, here's the link to the UKBA page for spouse visas. http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/ The site can be a bit difficult to navigate as it contradicts itself and the info is scattered all over the place. There is a thread on this forum just for this topic I think. There are different types of visa depending on how long you have been married, we got the ILE that just needs the KOL test when we get there before he can apply for ILR,(permanent residency) this is because we have been married for more than 4 years, if you haven't you need to wait the full 2 years before you can apply (I'm not sure if living together for 4 years counts too, it may well do) This is the only fast track option. With regard to speed of processing, we applied in September thinking it would take months as we'd heard that was the case. We sent our application on the Tuesday from Brisbane (they go to Manilla for processing) and on the Friday we had an email to say it had been approved. We now just need to sell our house. To be honest, it all looked really daunting when I first looked at the application and what was required, but I spent ages on a couple of forums researching what other people had done, and once you break it down its quite straightforward. I would advise you to really make sure you have dotted the i's and crossed the t's before you submit the application, they are quite picky apparently so make sure you have all your documentation. For finances, you have to send bank statements for at least the 3 months prior to the date you submit your application. We also sent his qualification certs and his contract for the job he has in Aus to show he is employable. Don't send copies of anything, send the originals. She won't need any kind of ticket for the application. Sorry what I've written is a bit jumbled, its hard to sum it up briefly, if you want to know anything specific just ask, hopefully I can help Link to comment Share on other sites More sharing options...
Quoll Posted March 12, 2012 Share Posted March 12, 2012 Dont suppose your wife has any UK ancestry of her own does she? My DH was able to get citizenship by descent through his mother (took 3 months after lodging in UK) - otherwise an ancestry visa (UK born grandparent) might be less onerous than the spouse visa application (looked at that one first before we checked the UKM application) which looked to have lots of assurances of capacity for support. Good luck! Link to comment Share on other sites More sharing options...
Guest Diggerc Posted March 12, 2012 Share Posted March 12, 2012 Hi You need to apply for entry clearance from the British H Comm in Caberra for your wife (spouse of a British Citizen) the costs is above A$1000 or higher. Need proof of funds+accommodation+marriage certificate+bank account and statements. This what they needed 10yrs ago. Things might have changed but I doubt much. When approved the British HC will put a sticker on your wife's passport. Make sure that your wife check her passport after immigration at Heathrow to ensure the correct stamp is used. The correct stamp on her passport should say 'No recourse to public funds. Make sure the word 'EMPLOYMENT IS PROHIBIT' Before the 1 year is up your Mrs need to sent her passport to Home Office to apply for her another sticker ie Given leve to remain in the Uk for and indefinite period. Once she has got that your Mrs can come in & out of the country as many time as she wishes but things to bear I'm mind are 1. Not to be out of the country over a year (if she does that, her PR will be taken away at the airport by immigration. 2. When she renew her Australian passport she needs to carry the old ones when she goes out of the country (as proof that she has got the right to return to the UK). After 3 yrs as PR she is eligible to apply to become a British citizen (there a few criterias she has to fulfilled) this where your Mrs needs to sit for a test. Im not aware of a test that one have to sit to come here as a spouse of a British citizen maybe for those applying to migrate here based upon their profession. Good luck. Link to comment Share on other sites More sharing options...
Guest Diggerc Posted March 12, 2012 Share Posted March 12, 2012 Hi Tom This reply superseded my reply to you earlier only in the section whereby for your Mrs to check her passport after immigration at the airport she must ensure the word EMPLOYMENT PROHIBIT is NOT stamped. Sorry, Link to comment Share on other sites More sharing options...
tomgolland Posted March 13, 2012 Author Share Posted March 13, 2012 Cheers, Thanks for your thoughts, fingers crossed all will go smoothly! Tom Link to comment Share on other sites More sharing options...
tomgolland Posted March 13, 2012 Author Share Posted March 13, 2012 Hi Diggerc, Thanks for your help, just a quick question regarding the visa stamp. Am I right in thinking that my wife will be ok to work but can't access all public funds, as for the public funds, what does that include and exclude? Surely she will have access to the NHS and we jointly will be eligible for family payments, childcare etc? Chhers, Tom Link to comment Share on other sites More sharing options...
tomgolland Posted March 13, 2012 Author Share Posted March 13, 2012 Hi yorkiegirl, Thanks for your reply, I've had a look at the website and I agree it is a bit confusing but I think that I've got my head around the basics. I'll let you know how we get on. Cheers, Tom Link to comment Share on other sites More sharing options...
tomgolland Posted March 13, 2012 Author Share Posted March 13, 2012 Hi Quoll, No such luck with the ancestry, so it's the spousal visa for us. Hope it's as straightforward as mine was for Oz, Cheers, Tom Link to comment Share on other sites More sharing options...
Guest Posted March 13, 2012 Share Posted March 13, 2012 My Aus hubby (although we married in the UK and he had been on a temp visa till then) had to sit a Life in the UK test when he applied for permanent residency. Had to travel to Cardiff to sit it iirc. But that is further down the road. Link to comment Share on other sites More sharing options...
Guest Diggerc Posted March 13, 2012 Share Posted March 13, 2012 Hi tom With the entry clearance your Mrs is able to seek employment without restriction, she is also allow to register with a GP and see the doctor, able to be seen at the A&E but not have electric surgery, able to apply for a National insurance number but not allow to get benefits or free housing (lots of people with young children who hasn't got their own house, the council is obliged to provide accommodation or put them up in B&B. Once your Mrs apply for her Indefinite Leave to Remain in the Uk before her 1 yr is up (after arriving). Also she needs to be working in order to be entitled to benefit later on. As for your child benefits I'm not sure about that you need to find out from Jobcentreplus. Normally for British people who has been out of the country for sometime upon their return to the Uk to get registered with a GP you must disclose as to when you Left & Return to the Uk. Good luck Link to comment Share on other sites More sharing options...
Thom Posted March 15, 2012 Share Posted March 15, 2012 An interesting one for you guys. When we move back, will my wife get any extra credit due to her having been born in the UK. She was born in Cardiff to two Aussies who were working there at the time, they moved out 6 weeks after she was born. She was never registered as, nor has since registered as, a UK citizen. Link to comment Share on other sites More sharing options...
Quoll Posted March 15, 2012 Share Posted March 15, 2012 An interesting one for you guys. When we move back, will my wife get any extra credit due to her having been born in the UK. She was born in Cardiff to two Aussies who were working there at the time, they moved out 6 weeks after she was born. She was never registered as, nor has since registered as, a UK citizen. Does she not have a UK birth certificate? If her parents had right of abode at the time they were living and working in UK then I think she MAY be a UK citizen already Link to comment Share on other sites More sharing options...
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