Spouse Visa Questions

Reply

Old Oct 13th 2018, 12:46 pm
  #1  
Just Joined
Thread Starter
 
Joined: Oct 2018
Posts: 4
LB93 is an unknown quantity at this point
Default Spouse Visa Questions

Hi everyone,

I am looking for some advice on applying for a spouse visa. Im sure this question has been answered 1000 times but im struggling to find answers and the UK gov website isnt very clear.

The situation is that i am a UK Citizen with Australian PR, living with my Aussie Fiance, and we are looking at moving back to the UK.

The problem im having is understanding what actual visa is best for us to apply for?

Is it better to get married before we apply for a visa or apply for a marriage visa then get married in the UK and then apply for a settlement visa afterwards??

Also is it easier to look for a job offer stating that the salary will be more than 18.600 per year?

They really dont make it easy for you do they!

Little bit of info:
I have been working in the same job for the past 4 years here making more than the equivalent of 18.600GBP, we dont have the 60k+ worth in savings.
Have been together for 5+ years


Thanks for any help its much appreciated!
LB93 is offline  
Reply With Quote
Old Oct 13th 2018, 3:08 pm
  #2  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 12,367
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Spouse Visa Questions

Unless you have a strong desire to wed in the UK then it’s easy and cheaper to marry before you apply as you can skip the fiancé visa. Being married or not won’t make a difference to the financial requirements however. You should also seriously consider applying for your Australian citizenship if you are eligible as your PR will eventually expire whereas citizenship is for life.
BritInParis is offline  
Reply With Quote
Old Oct 13th 2018, 10:43 pm
  #3  
Just Joined
Thread Starter
 
Joined: Oct 2018
Posts: 4
LB93 is an unknown quantity at this point
Default Re: Spouse Visa Questions

Hi there BritInParis

Thanks for the reply!

Yeah i have looked into getting my citizenship, but im not eligible for it until May next year and apparently its a long drawn out process due to back log of applicants, and we were planning on heading back to the UK before then (after xmas)

So is easier to get married and then apply for a spouse visa? From what ive gathered, if we got a fiance visa, we would need to get married then she would need to leave the UK and apply for a spouse visa as you cant extend your stay on a fiance visa, is this correct?

Is there any visas that would allow my fiance to come to the UK then apply with in the UK to stay there permanently or is best to just apply here in Australia?

Sorry for all the questions its just difficult to understand, we applied for my PR visas here in aus by ourselves and it was so much easier than the UK one lol
LB93 is offline  
Reply With Quote
Old Oct 14th 2018, 12:25 am
  #4  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 12,367
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Spouse Visa Questions

Originally Posted by LB93 View Post
Hi there BritInParis

Thanks for the reply!

Yeah i have looked into getting my citizenship, but im not eligible for it until May next year and apparently its a long drawn out process due to back log of applicants, and we were planning on heading back to the UK before then (after xmas)
Might be worth hanging on. If you really can’t then you can apply for your citizenship from the UK and get any shortfall potentially waived if you are moving abroad with your Australian spouse. I would seriously look into it. Emigrating to Australia is only going to get harder and more expensive as time goes on. An Australian passport would future proof you against that.

So is easier to get married and then apply for a spouse visa? From what ive gathered, if we got a fiance visa, we would need to get married then she would need to leave the UK and apply for a spouse visa as you cant extend your stay on a fiance visa, is this correct?
That’s a Marriage Visitor visa. A fiancé visa does allow you to marry and apply to stay but you effectively end up applying and paying for two settlement visas in the space of six months. Easier to simply marry in Australia and apply for a spouse visa from there.

Is there any visas that would allow my fiance to come to the UK then apply with in the UK to stay there permanently or is best to just apply here in Australia?
If you mean applying from within the UK after arriving as a visitor with no visa then no. It’s not permitted from switch from leave to enter as a visitor to any other category from within the UK.

Sorry for all the questions its just difficult to understand, we applied for my PR visas here in aus by ourselves and it was so much easier than the UK one lol
No worries.
BritInParis is offline  
Reply With Quote
Old Oct 14th 2018, 7:36 am
  #5  
Just Joined
Thread Starter
 
Joined: Oct 2018
Posts: 4
LB93 is an unknown quantity at this point
Default Re: Spouse Visa Questions

Originally Posted by BritInParis View Post
Might be worth hanging on. If you really can’t then you can apply for your citizenship from the UK and get any shortfall potentially waived if you are moving abroad with your Australian spouse. I would seriously look into it. Emigrating to Australia is only going to get harder and more expensive as time goes on. An Australian passport would future proof you against that.
I had it explained to me that i couldn't apply for it unless i was in Australia, and that while they made a decision i would not be able to leave? Because i was going to wait and then apply, then leave for the UK then fly back for the ceremony but apparently it doesn't work like that.


Originally Posted by BritInParis View Post
That’s a Marriage Visitor visa. A fiancé visa does allow you to marry and apply to stay but you effectively end up applying and paying for two settlement visas in the space of six months. Easier to simply marry in Australia and apply for a spouse visa from there.
Ah i see, very easy to get them mixed up with each other as pretty similar sounding visas. Either way do i have to have a job lined up before i apply for the visa making more than 18.600? Or does the fact ive made more than that the past couple years in AUD change things? The financial requirements is the bit in the application that truly confuses me, the rest makes sense.

Again, thanks very much for taking the time to reply to me as i'm sure you get asked the same stuff constantly lol
LB93 is offline  
Reply With Quote
Old Oct 14th 2018, 11:42 am
  #6  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 12,367
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Spouse Visa Questions

Originally Posted by LB93 View Post
I had it explained to me that i couldn't apply for it unless i was in Australia, and that while they made a decision i would not be able to leave? Because i was going to wait and then apply, then leave for the UK then fly back for the ceremony but apparently it doesn't work like that.
That’s potentially correct for a non-spouse. Things will change when you marry an Australian citizen. You are able to sit your citizenship test and attend a citizenship ceremony at Australia House in London.

https://www.homeaffairs.gov.au/trav/...partner-spouse

Ah i see, very easy to get them mixed up with each other as pretty similar sounding visas. Either way do i have to have a job lined up before i apply for the visa making more than 18.600? Or does the fact ive made more than that the past couple years in AUD change things? The financial requirements is the bit in the application that truly confuses me, the rest makes sense.
You will need to have both in order to apply from Australia and for you both to be able to move to the UK together.

Again, thanks very much for taking the time to reply to me as i'm sure you get asked the same stuff constantly lol
Not a problem
BritInParis is offline  
Reply With Quote
Old Today, 1:02 pm
  #7  
Just Joined
Thread Starter
 
Joined: Oct 2018
Posts: 4
LB93 is an unknown quantity at this point
Default Re: Spouse Visa Questions

Originally Posted by BritInParis View Post
That’s potentially correct for a non-spouse. Things will change when you marry an Australian citizen. You are able to sit your citizenship test and attend a citizenship ceremony at Australia House in London.
Thanks very much for this information, i had no idea about this! Will definitely look into this in the coming months so thanks again.


Originally Posted by BritInParis View Post
You will need to have both in order to apply from Australia and for you both to be able to move to the UK together.

God this is becoming a nightmare, we have decided its too much hassle to get married here in such a rush as Australian law doesnt let you get eloped so we would have to have a proper ceremony, which we are going to hold off for till were back home.

So my question is whats the best way to apply for this fiance visa? Is there a guide/checklist that someone has written to use as a self help guide? I've had a look through forums but struggling to find one.

Thanks again!
LB93 is offline  
Reply With Quote

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service