spouse of scouse

I'm applying for a spouse visa from Australia, using the savings route.

I think I've slipped up before I've even started. This was our tentative plan:

Buy house in UK in joint names (done)
Put house in Perth on the market (happening next week). We're pricing the house low in a high demand area, it'll sell quickly.
Apply for my spouse visa mid-September, giving my intended entry to UK date as mid-October.
House in Perth is in my husband's name only, as he and his first wife (dec) owned it jointly.
Husband remain in Perth to sign house sellers/offer/settlement documents, and to send dog to UK.
In the meantime, me travel to UK to set up house and collect dog from airport.
Husband travel to UK (probably maximum of 4 weeks later)

I understand the 'joining family of a settled person' bit. But for some reason (who knows why) I thought that selling up everything in Australia and having a jointly owned home in the UK would be sufficient evidence that my husband was indeed moving permanently to the UK - thus I would be ok to go a few weeks earlier.

I was wrong, wasn't I

Tr1boy

Yes, I think you are wrong sadly. Unless things have changed, you as the non UK citizen can come later or at the same time as your husband but not before.

michali

I am not sure where the authority is on that but I too feel you cannot enter before your husband.

BritInParis

Quote:

Section E-ECP: Eligibility for entry clearance as a partner

E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met.

Relationship requirements

E-ECP.2.1. The applicant's partner must be-
(a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c);
...

Quote:

GEN.1.3. For the purposes of this Appendix
...
(c) references to a British Citizen in the UK also include a British Citizen who is coming to the UK with the applicant as their partner or parent.

You could argue that 'who is coming to the UK' is not the same as 'accompany to the UK' but I suspect that may not fly at the border.

spouse of scouse

Thanks so much Brit in Paris, Tr1boy and Michali. Also Perth who alerted me to the issue in another section of the forum. I think you've saved me from a very expensive mistake.

This really brings home to me how vital it is to be absolutely clear that you're meeting every requirement of the spouse visa (or any visa) to the letter. I was a bit cocky and thought I was completely across this. I'll be far more careful from now on!

Dorothy

Could you maybe enter as a visitor and when Mr Scouse comes over 4 weeks later you leave and enter again on your spouse visa? You wouldn't have to come back to Australia, but maybe Paris for a weekend or something?

spouse of scouse

Ta Dorothy, I did think of that but I think getting my passport stamped as a visitor would cancel my spouse visa. Does anyone know if that's the case?

BritInParis

It won't cancel your visa as it isn't activated until you are stamped in on it. My other half entered twice on a visitor stamp when she had a valid Tier 2 visa in her passport as you are unable to enter the UK more than a month before your employment start date on a Tier 2 visa. That being said the second time she did it she was given a dressing down at Heathrow but was eventually admitted.

Remember now that you are given a 30 day vignette to enter the UK and collect your BRP so if you wish to go ahead with the visitor stamp idea you may wish to push back your initial entry date to mid-November and show proof you intend to leave the country before those 30 days start and after your husband arrives in the UK, i.e. a return Eurostar ticket for you and a flight confirmation for him.

However the safest option remains travelling to the UK together.

Vadio

It is the case; you can only hold one visa, and a 'visitor visa' would indeed cancel your spouse visa.

Shirtback

Unrelated to the visa conundrum, and you've probably already thought of this, but:

Could your husband give you POA for the house sale etc, and he travel to the UK first while you settle-up affairs in Perth?

spouse of scouse

Agree, safest and less complicated too. We're already well on track with Plan B

spouse of scouse

Snap, Shirtback! That's exactly what Scouse and I decided today. He'll stay in Perth until we accept an offer on the house, then give me the authority to sign settlement papers etc. My only concern now is that he'll be setting up the house over there with furniture etc - he's a lovely man but his taste is in his arse I feel an online shopping frenzy coming on.

Dorothy

Please tell me you'll have time for that long awaited lunch date before you go. I'm off work for the last half of September, so you name the time and I'll be there xx

Shirtback

Fantastic!! Online "wish lists" would be the way to go, + Whatsapp or Viber so he can send pics/prices for your approval prior to purchase!!

Along with only buying the bare minimum necessary until you get there .

spouse of scouse

You're on Dorothy, I'll PM you closer to the time