phillips_75

Hi, my OH is Aussie and we're planning on moving out there, so I'm working on my visa. We live together in the UK and have done for approx. a decade, have a daughter together, own a home together and have plenty of evidence that it's a real relationship, so I hope it'll be an open and shut case.

We are working on the 309 Partner Visa on the basis of our De Facto relationship. We are also engaged (haven't set a date but will get married at some point after we move out there). One thing we've been wondering is, would the fact that we're engaged weaken our De Facto status?

It might sound strange but it could be argued that we're effectively saying we don't see it as equal to a marriage, otherwise we wouldn't be planning on marrying.

Thanks for your help :-)

Pollyana

Absolutely not, makes no difference at all. If anything it gives you a stronger case, as it is additional proof of your commitment to each other

phillips_75

That's great, thanks Pollyana

That's what I was hoping you'd say :-)

BritInParis

Sounds like you'll be granted a 100 visa from the off but bear in mind the waiting times are 10-14 months at the moment.

phillips_75

Yeah, we were hoping for 5 months based on this, but it sounds like that's not the reality:

Family Visa Processing Times

BritInParis

All those times are based on priority processing groups which you are unlikely to qualify for.

Pollyana

Nope, not the reality for ordinary Spouse Visas I'm afraid

phillips_75

Never mind, it is what it is. We'll be submitting and paying tonight, then it's just the (long) waiting game I guess...

Will our CO usually give us an estimated timescale?

Pollyana

Yep, and at present its 10-14 months.

phillips_75

Ok thanks Pollyana

JAJ

Is your partner also a British citizen? And if not, is there any plan to become a British citizen by naturalisation before you leave the United Kingdom? And has your daughter been registered as an Australian citizen by descent?

phillips_75

Hi JAJ, we are going to get onto my OH's British citizenship now that we've got my Aussie application submitted.

Our daughter does have her Aussie citizenship by descent already in place - that was actually pretty pain free to organize. Just drove up to Edinburgh and got it sorted there and then.

JAJ

You should investigate the requirements for naturalisation. Including the fact that those not legally married to a British citizen must normally declare an intent to remain resident in the U.K. after naturalisation. (However, no-one usually cares if a newly naturalised British citizen then moves outside the country).

She now needs an Australian passport to enter and leave Australia. Presumably, she already has a British passport?

phillips_75

Thanks for info re British citizenship, we'll get onto that this week.

Our daughter's all sorted - she has two passports, and has already traveled to Australia and back once with no issues.