klf11

Hi all,

I've been wanting to move back to the UK for a few years now and the feeling is getting stronger especially now seeing my daughter spending time with her cousins there. My husband is Australian and is entitled to an Italian passport but I think the opportunity to go down that route is no longer a possibility with Brexit. We are currently in the UAE and will have to go back to Australia first to sort our various things there first with property.

In order to apply for a spouse visa I've been reading the regulations but I'm not clear on whether we have to apply outside the country or can we go to the UK with him entering as a tourist and apply from within the UK? If we do this would he be able to work as soon as the visa is approved and if you pay for the priority service how long does this generally take? The financial rules shouldn't be an issue with either the savings amount and if I secure job first given our professions.

Is the only other option for him to be sponsored for work?

Any advice gratefully received

SanDiegogirl

You cannot apply from within the UK I t must be done from your legal place of residence. So you could do it from Australia or UAE
Priority service usually cuts the processing time down to around a couple of months - however there is a long backlog at the moment.
He can work as soon as visa is issued
Getting a work visa instead of spouse visa means finding sponsoring employer
Savings, pensions, non employment income all can be used to qualify
The following document gives all info regarding meeting the financial requirements

https://assets.publishing.service.go...t-v2.0-ext.pdf

spouse of scouse

Hi and welcome to British Expats

Just a few thoughts to add to SanDiegogirl's excellent advice.

I'm not an expert on EU citizens living in the UK during the Brexit transition period, or what happens after Brexit. But if your husband could get his Italian passport and establish that he's living in the UK prior to 31 December 2020 (the end of the transition period) then I believe he could apply for pre-settled status. He would then be entitled to apply for settled status after living in the UK for 5 years. Hopefully Brit in Paris or SanDiegogirl can confirm this. This would be so much cheaper than paying the fees associated with a spouse visa. It's pretty late in the day to get his passport organised and to move to the UK/establish that he's resident there, but I thought it worth mentioning.

Another thought - does your husband have a grandparent who was/is a British citizen? If so, then as a Commonwealth citizen he could apply for an Ancestry visa, again much (much!) cheaper than a spouse visa. An Ancestry visa would allow him to live in the UK for 5 years and then apply to settle permanently. Just a note, the Ancestry visa is a work visa so he'd either have to be working for those 5 years or have been looking for work.

Some links that may be of interest:
If your husband's Italian citizenship has already been determined, the Italian consulates in Sydney and Melbourne (haven't looked up the other cities) will take his passport application - this link is from the Sydney consulate but you can Google the other cities
http://conssydney.esteri.it/consolat...sport_-_en.pdf

UK government advice for EU citizens who wish to remain living in the UK after 31 December 2020
https://www.gov.uk/settled-status-eu-citizens-families

UK Ancestry visa
https://www.gov.uk/ancestry-visa

klf11

Thank you SanDiegogirl. So we'd have to apply from Oz and once granted we can travel together to the UK when upon arrival he could immediately look for work or even start if employment was secured from Oz whether I secure a role in the UK meeting the threshold or we use savings to meet the financial requriements.

Thanks

klf11

Thanks for the welcome spouse of scouse. His Italian passport is not yet finalised but in process and we wouldn't be able to go to the UK before the end of this year so we wouldn't be able to go down that route unfortunately and there's no British ancestry they're all Italian.

We will have to go back to Oz to tie things up and apply from there it looks like.

Thank you!

christmasoompa

If you've got the £62,500 required for the savings route, and have held it long enough, then that would be a much easier way to meet the financial requirements than the employment route. Definitely the way to go if you can IMO.

Best of luck.

BritInParis

If the Italian passport is issued before the end of the year then I would strongly advise travelling to the UK before 31 December to register your husband for pre-settled status even if you both then return to Australia to tie up your affairs there. The cost and inconvenience of the spouse visa process should not be underestimated.

klf11

Thats interesting, do we have to be in the UK to register for pre-settled status? Also are there any other requirements for registering?

Thank you

klf11

Thats interesting, do we have to be in the UK to register for pre-settled status? Also are there any other requirements for registering?

Thank you

spouse of scouse

Yes, you and your husband have to be in the UK when registering for pre-settled status. All information here https://www.gov.uk/settled-status-eu-citizens-families

klf11

just had a quick look but I’m not sure if we’d be able to meet even the document requirements as he’s never lived there. Also we’d literally be making a quick visit to register not ‘live’ there as it’s impossible to move there immediately. I could put his name on my bank account there and we have a prepaid mobile account but other than that there’s only him visiting last summer. So unfortunately is spouse visa our only option now?

SanDiegogirl

..... and you've got to get the Italian passport for the application too......

If not pre-settlement, then, yes, it's the spouse visa...