UK citizen, partner is Aussie citizen
 

Hi,

I currently live in Sydney and have done for about 4 years.

My partner is an Australian citizen and we have been together for over 4 years. We are on a de-facto visa here in Australia.

My question is can we apply for a visa and have this granted for my partner should we decide to move back to the UK?

I know the rules have changed the the length to gain any sort of permanent residency has increased hugely so was wondering if there is anything we can do over here and whilst living here the clock starts ticking on the time frames. (hope this makes sense)

Cheers

Re: UK citizen, partner is Aussie citizen
 

Are you a UK citizen? Just in case you can't afford to sponsor him: is your Australian partner aged between 18 and 30?

Not sure what you are asking with your last bit. It takes 5 years minumum to get ILR (Indefinate Leave to Remain) in the UK. Are you asking if you can start your partners ILR clock while still in Australia? If that is what you are asking, then the answer is no. His ILR clock will start when he is in the UK on visa that leads to settlement.

Re: UK citizen, partner is Aussie citizen
 

Hi,

Yes I am a UK citizen and correct thats what I was asking so thank you for clarifying. What are the work rights? She is currently studying and will complete medicine at the end of this year.

The initial visa for ILR does that include work rights and can we apply out of the UK?

Cheers

Re: UK citizen, partner is Aussie citizen
 

You have choices as to how she enters the UK:

YOU, as British citizen can sponsor her for spouse/partnership visa. For this you have to fulfill financial requirements. This visa can lead to permanent residency and naturalisation, after 5 years.

Financial requirements are below:

https://www.gov.uk/government/upload...equirement.pdf She can work with this visa

SHE can get her own work visa. Difficult to get as you need a sponsoring prospective employer and her work needs to be on shortage skill list.

As an Aussie is she eligible for an Ancestry visa? She can work on this visa. It is for 5 years only but she could switch to spouse/partner visa during this period.

She could get study visa - must be on recognised course with monies to fund course and to support her during first year. Work is limited and only long term courses (over 6 months) make her eligible to switch to say, spouse/partner visa for permanent residency


All these options are on the UKBA website:

https://www.gov.uk/government/organi...nd-immigration

Re: UK citizen, partner is Aussie citizen
 

The requirements for UK and Australian partner visas are very different. Briefly, the processing times for a UK partner visa is weeks rather than months as there is no quota to worry about. However there is a financial requirement the sponsor needs to meet in order for their spouse or partner to be eligible. This is where most people fall down.

If you have been working in Australia for at least six months prior to lodging your application and earning over £18,600 pa (~AUS$34800) and you have a job offer in the UK also earning over £18,600 pa then you can move back together as soon as the visa is granted which usually takes around 2-6 weeks. If not then you may need to move back first, find a job and wait six months before you can apply.

To avoid this requirement (and the fees associated with a partner visa) you should investigate whether your partner has any recent British, Irish or other European-born ancestry (parents, grandparents or even great-grandparents in limited circumstances) that would entitle her to an EU/EEA passport or ancestry visa that would bypass the need for a partner visa.

Whichever path you take your partner will need to reside in the UK for five years before becoming eligible for Indefinite Leave to Remain/Permanent Residency. After this there is an extra year to wait before she can apply to naturalise as a British citizen. If you were married by this point then that extra year is waived and she can apply immediately upon receiving her ILR/PR status.

I would also recommend considering applying for your Australian citizenship before you depart to keep that door open to you.