British girlfriend.. unsure about VISAS. Daunted.

Old Jan 7th 2019, 3:29 pm
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Default British girlfriend.. unsure about VISAS. Daunted.

Hi there. I haven't been able to find an area to post that is most appropriate so I'm hoping here is okay. My girlfriend is from London and I'm in Australia and we are in the process of figuring out who will move where in order to close the gap. We are both clueless and stressed about it because we don't know where to start with the visa stuff or which visa would even be appropriate and can't afford to pay someone to even give us good advice. Ideally I would live in London with her but visa wise maybe it would be way easier for her to move here.. we don't know how it works and what the differences are. To give you more information she is 26 and I'm 36. I work for myself freelance but she is still studying. We spent six months together recently I stayed in London with her and had to leave because that was the longest time I could stay. In this time I proposed to her so we are now engaged and want to get married but I'm back in Australia now working and saving money.

We just want to be together but really have no idea what the options are or where to start or what the best VISA to apply for for our situation is. If there's a better place or forum anyone knows about where I can ask UK specific VISA questions that would also be very helpful. We need to know things like.. does it matter what country we get married in.. is one more advisable than another or doesn't it matter? Does being married entitle us to anything specific visawise?

Anyway thanks for reading this if you have. I have a lot of questions I know but the whole thing is really just stressing us both out. It feels impossible.
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Old Jan 7th 2019, 3:45 pm
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Do you have any recent British or European ancestry?
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Old Jan 7th 2019, 6:59 pm
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

If you want to settle in the UK then your girfriend has to sponsor you. There are financial requirements; basically she need to be earning 18,600 GBP per annum.If no income savings can be used.
The following website gives info regarding how to apply for a visa:
https://www.gov.uk/uk-family-visa
The financial requirements are below:
https://assets.publishing.service.go...ment_Final.pdf

You can either apply for a fiance visa, marry in the UK then switch to spouse visa - expensive as you pay for 2 sets of visas.

Alternatively you marry somewhere else and just apply for the spouse visa when married.

OR you marry and YOU sponsor her to live in Australia. Sorry, don't know the Australian requirements. Post again in the Australian forum

If you have British or European ancestry there might be other options.
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Old Jan 9th 2019, 12:20 pm
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

another short term option could be she goes to live in Aus on a working holiday visa as she is under 30
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Old Jan 9th 2019, 1:58 pm
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Originally Posted by bookerw100 View Post
another short term option could be she goes to live in Aus on a working holiday visa as she is under 30
She cannot live in Aus on a WHV as it only lasts for a year, with a possible second year if requirements are met.
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Old Jan 9th 2019, 1:59 pm
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Originally Posted by SanDiegogirl View Post
If you want to settle in the UK then your girfriend has to sponsor you. There are financial requirements; basically she need to be earning 18,600 GBP per annum.If no income savings can be used.
The following website gives info regarding how to apply for a visa:
https://www.gov.uk/uk-family-visa
The financial requirements are below:
https://assets.publishing.service.go...ment_Final.pdf

You can either apply for a fiance visa, marry in the UK then switch to spouse visa - expensive as you pay for 2 sets of visas.

Alternatively you marry somewhere else and just apply for the spouse visa when married.

OR you marry and YOU sponsor her to live in Australia. Sorry, don't know the Australian requirements. Post again in the Australian forum

If you have British or European ancestry there might be other options.
The main advantage to moving to Aus rather than to the UK is that for an Aus Spouse visa there is currently no financial requirement.
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Old Jan 9th 2019, 2:09 pm
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Originally Posted by Pollyana View Post
She cannot live in Aus on a WHV as it only lasts for a year, with a possible second year if requirements are met.
Polly, is it still possible for a WHV holder to live in Oz with their Australian partner for 2 years and then apply for a spouse visa onshore?
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Old Jan 10th 2019, 4:37 am
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Originally Posted by spouse of scouse View Post
Polly, is it still possible for a WHV holder to live in Oz with their Australian partner for 2 years and then apply for a spouse visa onshore?
yes, but the WHV holder would need to do the relevant work that allows them to get the secind year on the WHV.They would then need to apply for the SpousecVisa before the expiry of the WHV. Thats why they would ideally need the secind year, as they have to provide proof of at least 12 months cohabiting.
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Old Jan 10th 2019, 12:55 pm
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Depending on the state/territory, registering their relationship is a useful way to get around the 12 months of de facto relationship evidence.

That being said the OP needs to come back and answer Pulaski’s question.
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Old Dec 9th 2019, 3:38 am
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Sorry I didn't come back I'd lost my password. Thank you all for your replies though I read them. I have no English ancestry unfortunately. A lot has happened since. My girlfriend couldn't get a WH visa as she didn't have any money in the bank (I was going to be paying for her) Without going too far into it.. she was from a VERY abusive family background in the worst ways you can imagine. In the end I paid for her with essentially my last dollar to come back to Australia with me on a regular subclass 651 eVisitor visa which is as I understand it valid for a year as long as the person exits the country every 3 months. The plan was to come back to Australia and take care of her here for 3 months and then send her on a plane overseas so she could legally come back but I had a serious car accident with ongoing injuries in my job (Delivery Driver) and was without work very suddenly. At the same time she had a complete mental breakdown and her date to be due out of the country was fast approaching. Already far far in debt at this stage I spent my last dollars on her plane ticket, knowing full well she was very mentally unstable at this point and would find it very difficult to travel alone. We had no choice though and she assured me she could go for a few days and could do it. There's no way I could afford to come with her. On the day of her flight she had another mental breakdown due to the stress of it all setting her off. There was no way she was fit to travel and couldn't go. This is obviously non refundable and a complete nightmare. At this point she is technically an illegal overstayer by almost four days including today. I don't know what to do. I just don't have the money. I pay my rent barely with centrelink and most nights we don't eat to get by as it is. Packet noodles keep us alive basically. She needs serious mental and physical healthcare support she can't legally get here.. she has no friends or family back home in the UK. She has a psychopathic abusive ex trying to hunt her down back there. (Part of the reason to leave the country) and she would be on the street suffering her mental episodes alone if the government were to send her back to the UK alone. Despite my own injuries I am attempting to find other work I can do since I can no longer drive and sort this all out but we are all out of time. She doesn't want to be an illegal overstayer, none of us want that so what are our options here? We were supposed to get married this month but everything went wrong. With both of us flying back and forth we have lived together almost 3 years collectively now. I love this girl and I'm really afraid for her. I know 100% if she has to go back to the UK by herself she will attempt to commit suicide again. The only reason she hasn't here is because I've been here to care for her and my background in psychology has helped. But it's all thin ice. I don't think the system allows for people like us or cares. No bloody idea what the right thing to do is anymore.
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Old Dec 10th 2019, 8:14 am
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Oh my God, I have no advice, can only say my heart goes out to you...

.I am wondering what resources might be in Australia to help...
anything like Citizens Advice Bureau? Help from British embassy? Doctor's statement that she is unfit to travel and therefore cannot leave, not overstaying intentionally? Get married in registry office--though maybe if she is already overstaying that isn't possible....Do any churches or charities there help people who find themselves staying illegally but unintentionally through this kind of mishap?
Any pro bono mental health agencies???

I do hope some help or solution materialises soon...
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Old Dec 10th 2019, 10:12 am
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

Originally Posted by between two worlds View Post
Oh my God, I have no advice, can only say my heart goes out to you...

.I am wondering what resources might be in Australia to help...
anything like Citizens Advice Bureau? Help from British embassy? Doctor's statement that she is unfit to travel and therefore cannot leave, not overstaying intentionally? Get married in registry office--though maybe if she is already overstaying that isn't possible....Do any churches or charities there help people who find themselves staying illegally but unintentionally through this kind of mishap?
Any pro bono mental health agencies???

I do hope some help or solution materialises soon...
Churches and charities cannot help with this kind of visa mess.

There is a medical visa which might be accessible if she is genuinely too ill to travel home, but the first port of call really needs to be a registered migration agent, as soon as possible. Every day that she is here with no visa makes the problem worse, so I would urge the couple to get professional advice at once.
If she is in really serious need of emergency medical help then that should be covered by medicare via the reciprocal arrangement with the NHS, but it would only be emergency care that would be covered. I am assuming that she did not get any travel insrance.
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Old Dec 10th 2019, 10:34 am
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Default Re: British girlfriend.. unsure about VISAS. Daunted.

You could also look into getting pro bono legal advice about this situation. AFAIK, each state has its own Law Society and you'll be able to find their contact details online. Just call them and ask if they can help you to find a pro bono lawyer. Alternatively, start here: https://www.probonocentre.org.au.

All the best.
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