kelmac

Hi all,

Long time listener, first time caller here. My husband is an Australian born dual UK citizen. For a long time we've tossed up the idea of whether to move to the UK for a few years, and I recently returned from a month long 'reccy' solo mission to see what I thought of the UK (had never been). Needless to say, I loved it and now we're getting the ball rolling with the relocation.

This forum has been a wealth of information regarding Visas etc and I think I'm across what's required. However, I have a question regarding our initial plans.

We are planning on travelling together to the UK, him on UK passport, me on Aus and spending a few weeks doing the tourist thing before he settles in and looks for work. I don't want to stay behind in Australia and wait until he gets a job and realise I need to apply for the Spouse Visa from Australia and am willing to return once he has a job and we have found somewhere to live long term.

My question is; when I enter the UK on the initial trip over, I'll do so on a Tourist Visa. Is there anything wrong with this, when I have intent to return to Australia and apply for a Spousal Visa? I feel like if I was honest and say we were there for a holiday and then to settle, they may feel the need to question whether or not to grant me a TV upon arrival.

Does anyone have any comments/suggestions/experiences they can share in terms of advice around this or am I just being paranoid?

All advice is appreciated!!

Cheers
Kel

BritInParis

There's nothing wrong with your plan. Always be honest when dealing with immigration matters although I wouldn't volunteer any information other than what you are specifically asked for. If the IO asks you what the purpose of your visit then 'Tourism' or 'Visiting family' is a perfectly adequate response.

SanDiegogirl

I think the OP needs to have plenty of proof that she is going to return to Australia since she is entering the UK with husband who definitely is NOT going to return.

I presume he will have a one way ticket and she will have a return ticket. Therefore they could get questioned as to her intent on returning to Australia and him remaining in the UK.

She is intending to stay until he gets a job - this could take a couple of months or so, AND he needs to be in the job for 6 months before the visa can be applied for. So just saying "visiting" while HE is definitely remaining in the UK may not be sufficient. She COULD be suspected of being a risk of overstay.

I think she needs to have proof of her continuing residence in and ties to Australia until such time as her visa is issued.

Vadio

I concur with SanDiegogirl. It just puts the spouse in a perceived higher 'risk category' for a potential overstay insofar as the IO is concerned.

I would NOT mention 'intent to settle' however unless specifically asked about long-term plans. If that question is raised, state that you are aware of the immigration rules and will be applying for a spousal visa from Australia.

formula

How long are you planning to stay in the UK as a tourist on this second visit?

When are you aiming to make this visit?

The UK (at present) has a rough guide (IOs make that call) of no more than 6 months in any 12 months for a tourist. As SanDiegogirl said, you will need to show ties to Australia and show you have the funds for your entire visit.

The UK visitor rules are going to be tightened up soon. Visitors are usually given a 6 month stamp even if they told the IO they were only staying for a few weeks. However, it seems too many have abused this system and really intended to gain entry to the UK and then change their return ticket and stay for 6 months. The new rules will be that IOs will only be allowed to issue a stamp for the date listed on the return ticket.

I've seen this change mentioned on immigrationboairds.com and here it is again on uk-yankee. This poster (Ksands) knows UK partner and visitor rules
http://talk.uk-yankee.com/index.php?topic=84455.0

You probably know this but in case you don't. In case you need healthcare while on your visit: you will need to bring your valid Australian medicare card with you and present this with your Oz passport if you need treatment so that Australia will pay for you, or have health insurance. Some NHS staff can't be bothered with this (until the new rules come in this year) but make sure they do because using the NHS for free when not allowed, can cause a delay with, or refusal of, a spouse visa. It's one of the questions you are asked on a spouse visa.

formula

Just remembered. Are under aged between 18 and 30? If you are, Australian citizens can get a 2 year work visa to the UK. Numbers are capped, but the numbers the UK and Australia have agreed via their reciprocal agreement, are quite generous.
https://www.gov.uk/tier-5-youth-mobility/overview

It doesn't lead to settlement to the UK, but....your salary can be used to make the financial requirement your UK spouse needs to sponsor you for a spouse visa. Under present rules you could switch (in country) to a spouse visa when you meet the financial requirements and the spouse visa is a settlement visa. Your time on the Tier5 (YMS) visa won't count towards your minimum 5 years to ILR.

kelmac

Hi all,
Sorry for not replying until now! That's some great advice from you all and I really appreciate it.
Unfortunately I'm outside of the age bracket for the 2 year work visa to the UK. I'm an old chook at 35 so that ship has sailed
I'll be entering the UK on the Tourist Visa more than 12 months after the last trip over.
I think we'll be applying under Category B when it comes time to sort my Spouse Visa, so from my understanding he won't have needed to be with the employer for 6 months. He will have met the requirements in both parts as he will have a job higher than the 18.6K in the UK and also in his previous employment, if my understanding of the Cat B is correct.
Thanks everyone for your advice, it's super helpful!!!

Cheers
Kel

SanDiegogirl

Hold on.... I think you have got something wrong here..... in your first post you said you would be entering the UK, doing the touristy thing and then he would start looking for work. Therefore, due to this gap, his work in Australia is immaterial. His work in Australia can only be taken into consideration if he has a job to go to in the UK which starts within 3 months of his returning. ie. he applies for the visa on the basis that he earns the necessary income in Australia AND he has a job waiting for him in the UK which also earns the necessary income.

If he has no work to go to in the UK then he needs to find one, and after 6 months in this job you then apply for the visa, based on his working in the UK for 6 months.

kelmac

Ooh ok! Thanks... that's definitely something I have mis-read!! Cheers for that SanDiegogirl!
So, if he went over there and got a job within 4 weeks, would we still be able to apply under Cat B and his employment in Australia count towards the Financial Requirement?

quoll

Don't suppose you have a UK born grandparent lurking in there anywhere do you? Ancestry visas are a whole lot easier! Or any other European ancestry which might give you an EU passport.

kelmac

Sadly no, quoll. I would love that, but my only links back to the EU are German great-great grandparents. I'm jealous of my husband being a dual citizen! But really excited and looking forward to hopefully giving life in the UK a try.
I work with a few British expats and they all think we're mad for going from Australia to the UK! Coming from wet, soggy monsoonal Cairns, I reckon I'll be ok with the rainy weather of the UK (ignoring the freezing temps), although we did live in Hobart for 5 years, and I've seen some pretty cold weather (by Aussie standards)... so I'm excited about the complete different way of life!