Australia Spouse

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Old Jul 6th 2016, 3:54 pm
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Default Australia Spouse

Hi all,

New here and not much time to get around each forum and question. Hoping someone can help ?

Trying to help me I.T illiterate elderly Uncle, who is married to a Phillipeano and they live in Aus. She is also around 70 yrs old and has an Aus passport. My Uncle is British and has come to the UK with her on her Aus passport.

He has a part time job and a pension here and as such she also has an NI number and pension through him, though he wants to bring her here to live after 11 years in Aus.

I am guessing she needs to fly back to Aus to petition for spouse visa ? Or can they do this by heading to Swiss area outside the EU?

Thank you in advance all
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Old Jul 6th 2016, 4:12 pm
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Default Re: Australia Spouse

Does your uncle have gross income (earned, plus investment) of at least 18,600? If not what is the shortfall, and does he have cash savings exceeding £16,000?

If he is short on income, then the cash savings can be used to offset the shortfall - meaning 2.5x the shortfall + £16,000.

If he is short on income and savings, then he would need to find additional work/income for at least six months to support the visa. Bear in mind that he will have to meet the same income/assets threshold (he is allowed to meet it is a different way e.g. increase his savings to offset lower income) when the visa is renewed, though his wife's income and savings can also be included once she has settled in the UK.

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Old Jul 6th 2016, 4:39 pm
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Default Re: Australia Spouse

Thanks for your reply

I actually do not know but I will ask him. I know the UK ask that spouses are sponsored by £18.600 PA threshold. I also know he does have savings in the bank. Will he need to send her back to Australia to gain a spouse visa for the UK ?
As I mentioned, she is currently on a 6 month stay here using her Aus passport, no visa was required there.

I am trying to look in to what to do and how to help him but am short on time. I do apologise for that.

Thank you very much
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Old Jul 6th 2016, 4:46 pm
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Default Re: Australia Spouse

She will certainly have to leave the UK to get a visa, and I think that she would have to go to a country where she is a citizen/ has a right to live, but I am not 100% certain of that.
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Old Jul 6th 2016, 4:51 pm
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Default Re: Australia Spouse

Thank you indeed, if you might have a link to which spouse visa application would be the one I need to give him- I would be awfully grateful. I have absolutely no clue what I am doing here.
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Old Jul 6th 2016, 4:54 pm
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Default Re: Australia Spouse

Originally Posted by Goats Cheese
Thank you indeed, if you might have a link to which spouse visa application would be the one I need to give him- I would be awfully grateful. I have absolutely no clue what I am doing here. .....
Start here, and it takes you through the process.
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Old Jul 6th 2016, 5:01 pm
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Wonderful, thank you kindly. I appreciate that
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Old Jul 6th 2016, 5:06 pm
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You're welcome.
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Old Jul 6th 2016, 9:43 pm
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Default Re: Australia Spouse

Originally Posted by Goats Cheese
Hi all,

New here and not much time to get around each forum and question. Hoping someone can help ?

Trying to help me I.T illiterate elderly Uncle, who is married to a Phillipeano and they live in Aus. She is also around 70 yrs old and has an Aus passport. My Uncle is British and has come to the UK with her on her Aus passport.

He has a part time job and a pension here and as such she also has an NI number and pension through him, though he wants to bring her here to live after 11 years in Aus.

I am guessing she needs to fly back to Aus to petition for spouse visa ? Or can they do this by heading to Swiss area outside the EU?

Thank you in advance all
When did they marry and when did she become an Australian citizen? Depending on the dates she may have Right of Abode in the UK.

If not then your aunt would need to return to Australia to apply for a spouse visa and your uncle would need to meet the usual financial requirements to sponsor her for a spouse visa if their intention is to settle together in the UK.
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