Confused as to which visa for spouse?
 

I've been reading posts here and information at gov.uk for hours, and now i'm thoroughly confused.

In a nut shell: Me, British by birth, her, Australian Citizen, both currently in Australia. Been together in a defacto/civil partnership for 12 years, in Australia. She wants us to go live in the UK. She must be obeyed.

Am I correct in thinking that first she would need a ‘family of a settled person’ visa and need to meet the £18,600 p/a income test. Is that just her income, or mine/hers combined? And that would be income earned in Australia prior to applying for the visa? We don't have enough capital to go down the savings route.

If granted, that gets her to the UK with me. As I understand it, she could then stay for 2 years and 6 months (leave to remain?), and be able to apply to extend again towards the end of that. She would also have the right to work in the UK.

To settle permanently she would have to apply for settlement (indefinite leave to remain) after 5 years. Again there is an income test of £18,600 p/a income test that needs to be met. Once again, is that just her income, or mine/hers combined?

I've also read about the ‘Surinder Singh’ route. It seems that the only benefit going down that path is to skip the income test, and allow your spouse to join you in the UK, on the same 'leave to remain' rights as the ‘family of a settled person’ visa. Correct? You don't get indefinite leave to remain rights using the ‘Surinder Singh’ route do you?

Thanks for reading, any advice appreciated.

-Mr C.

Re: Confused as to which visa for spouse?
 

It's you, as the British Citizen that has to fulfil the financial requirements. If you had a job in Australia earning over the limit, AND a job in the UK starting within 3 months of arrival and earning above the limits, then she can come with you, otherwise you may have to come to the UK alone and get a job and, after 6 months, apply for the visa. Savings can be used to top up the income shortfall, and in this case joint savings may be used.

The SS way gives you, and her, the right to move to the UK and live, there are, AFAIK, but others will be able to give you defoinitive answers, no other hoops to jump through.

Re: Confused as to which visa for spouse?
 

Read the following document carefully to see how you can qualify using income and/or savings investments.

There are several options under which you can qualify. For income it is YOUR income as the British citizen which counts:

https://www.gov.uk/government/upload...ugust_2015.pdf

The initial spouse visa is for 2.5 years, then you apply for another one again for 2.5 years and THEN you can appy for Indefinite Leave to Remain (permanent settlement). At all stages the financial requirements have to be met and additional visa paid for.

For the SS route you have to move with partner to another EU state, remain there for at least 6 months and have job, accommodation etc there i.e your centre of life has to be in this other country.

Then you apply for an EEA family permit.

If you partner has British/European ancestors then getting a European passport for her or having some British heritage might open other options.

Re: Confused as to which visa for spouse?
 

Does "she" have any recent British ancestry, as that might open up other easier and cheaper options. Also a right to a passport of a European country might also help. Ireland and Italy are often mentioned.

Re: Confused as to which visa for spouse?
 

Thanks for the replies. No, she has no european heritage.

I currently have no income. I took a redundancy and had some time off, and have not worked over the past year.

I might have to come to the UK and get a job while she accompanies me on a tourist visa, and once I've met the income test apply for a 'family of a settled person' visa for her. Otherwise attempt the SS route.

Re: Confused as to which visa for spouse?
 

She'll have to go back to go through the visa process, it cannot be completed in the UK.

Re: Confused as to which visa for spouse?
 

She'll have to return to Australia to apply for the spouse visa. You can't switch to any other visa while on a visitor visa in the UK.

Re: Confused as to which visa for spouse?
 

Mr C

You can also use your savings to satisfy the financial requirement. You will need to have £62500 in the bank for at lease 6 months to qualify.

Re: Confused as to which visa for spouse?
 

https://www.gov.uk/remain-in-uk-family/overview

This says she/we can apply for a ‘family of a settled person’ if we (or she) are already in the UK and/or(?) from outside the EEA.

How would a spouse already be in the UK if not on another visa? Doesn't mention about having to leave the UK to apply. It seems to be a specific visa for spouses that are already in the UK.

:confused:

Re: Confused as to which visa for spouse?
 

If you go that link and click on 'eligible' you will see that a spouse can apply except when having permission to be in the UK as a visitor.

Re: Confused as to which visa for spouse?
 

Plenty of people are in the UK as visitors - either with a visitor visa or (as you wife would be eligible for) no visa as they are allowed into the UK on the basis of their particular passport.

No-one in the UK as a visitor can switch to any other visa.