gemmacoggins

HI all,

We are planning on moving back to the UK this year. I am a British citizen and my partner of 4 years is Brazilian. We have a one year old child together and another on the way. Currently living in Australia. Which visa do i need to apply for ? and will it be difficult for me to apply as I won't have a job lined up as I'll be late on in my pregnancy then. Will I still be able to bring my partner and under what conditions? Also, would I be eligible for any benefits? I've used the calculator which brings up no results. I guess this just means a phone call.

Any advice would be awesome!

Gemma

mikelincs

Have a careful look and read here,

Citizenship/Passports and Spouse/Family Visas (UK) - British Expats

formula

Were you born in the UK?

It's your partner who has to apply for a visa, not you. You can only bring your partner if he has a visa and for that he has to show you have the means to sponsor him as your partner (and children too if they aren't British). Unless he has the skills to get a company to sponsor him on a work visa to the UK.

There are a few catagories for you to be able to sponsor him under and this is mainly done through savings/selling your property and having 62.5K; or by you having a job earning at least 18.6 to sponsor your partner but more if your children aren't British. If you want to sponsor him under the earnings catagory and haven't earned this 18.6k financial requirement in Australia over the last 12 months and have a job in the UK earning that amount within 3 months of your return, you will need to earn 18.6pa for 6 months in the UK to be able to sponsor him to the UK.

If you aren't married then he will need to provide evidence that you have lived together akin to marriage, the 2 years before he applied for his partner visa.

Income based benefits - not for at least 3 months it seems from what we discussed on this site recently. Because you have to prove you can afford to sponsor your partner, this will then rule you out of some benefits and reduce others. Contribution based benefits aren't reduced, but as you have been in Australia for 4 years you won't have made the contributions for these benefits.

SanDiegogirl

[QUOTE=gemmacoggins;11540145]HI all,

We are planning on moving back to the UK this year. I am a British citizen and my partner of 4 years is Brazilian. We have a one year old child together and another on the way. Currently living in Australia. Which visa do i need to apply for ? and will it be difficult for me to apply as I won't have a job lined up as I'll be late on in my pregnancy then. Will I still be able to bring my partner and under what conditions? Also, would I be eligible for any benefits? I've used the calculator which brings up no results. I guess this just means a phone call.

Any advice would be awesome!

Gemma[/QUOTE

YOU need to sponsor him for partner visa. Since you are not married you will need to show that you have cohabited for at least two years.

More importantly, considering your situation, is whether YOU have the financial requirements to sponsor him. You say you won't have a job lined up due to your pregnancy - in which case you are going to need 62,500 GBP in savings to make up the lack of income. If no savings either then you will not be able to sponsor him. His only other route then is for HIM to get a company to sponsor him for a work visa.

Read the following document carefully to see what financial requirements are needed to sponsor for a spouse visa:

https://www.gov.uk/government/upload...equirement.pdf

Benefits will only be obtained after you have been assessed for such.

gemmacoggins

yes, I was born in the UK.

formula

If you were born British and born in the UK, then your child is British (someone correct me if I'm wrong). Therefore you won't need to sponsor your child. It might be best if you got your child/ren their UK passports before you move to the UK.

For your partner, you will need to sponsor him. Or if he has skills that are in demand in the UK he could try to find a company to sponsor him, but they are not easy visas to get and are capped. Look at the link SanDiegogirl gave to see what catagory you will need to sponsor him, but you will need to be working. I'm assuming that because you are asking about benefits on your return and therefore won't have savings

As said, for benefits there are residency rules before you can put in a claim and that wait includes benefits for housing, yourself and for your children. Some benefits require proof of you residing in the UK for 3 months before you claim and others require proof of residency of 104 weeks in the previous 156 weeks.

Habitual Residence Test (HRT) - Turn2us
You won't be able to use the money from these benefits to sponsor your partner for a visa.

gemmacoggins

Yes, I wasn't hoping to use benefits to spnsor my partner, I was asking for the reasons you have mentioned... I am pregnant. so can't go straight into paid work. yes, our child has a british passport and yes, I think we will have to go the savings way.... will it really be the 62000 route or is there another way? thanks

mikelincs

If it's savings, then it's £62,500 in an account accessible to you, and it must have been there for 6 months, it's all in the links you have been given.

formula

Savings will/might rule you out of benefits away. That's why I assumed you didn't have savings, because you were asking about what benefits you could have.

You can claim Child Benefit after 3 months as that is based on the earned income of you or your partner. Child Benefit is something like £20 a week for the first child and £13 a week for the second child. If one of you earns over 50k, that benefit will reduce/stop, but you can use pension contributions to reduce the net salary and still be able to claim child benefit. If you or your partner earns over 60k and the other one isn't working, there are different rules so come back and ask if that is the case. Child Benefit must only be in your name as those subject to immigration control, can't claim it.

You might be able to claim Child Tax Credits (must be in both names or it's benefit fraud) after 3 months, but that benefit is ending. If you are in an area where the new one income based welfare payment called Universal Credit has started, then your savings will be too high to claim.

In addition to what Mike has just told you, if you are using the savings catagory and are using the money from the sale of your property, you don't have to hold that in a savings account for 6 months.

For your partner's second spouse visa, you will have to meet the financial requirement again but for that visa, both salaries can be used.