British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Spouse visa - should I apply now? (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/spouse-visa-should-i-apply-now-935403/)

redrosie Oct 23rd 2020 10:58 am

Spouse visa - should I apply now?
 
Hi everyone,

Looking for some advice about spouse visa. My husband is an Australian citizen (also British - he has dual citizenship) We've lived in the UK since getting married (15 years) but are thinking about moving out to Australia. I would be eligible for a Spouse visa, but Aus gov website says it would take 18 - 24 months to go through. Is that about right?

We would like to move asap, but obviously it's on hold right now because of COVID. Assuming the situation has settled by then, our ideal scenario would be to move out at the end of next year (2021) so that our daughter can do Year 6 at primary school out there.

My question is, should I apply for a Spouse visa now? If I do that, do I have to wait in the UK until the visa is granted, or can I travel to Aus on a tourist visa, and then leave the country to get my Spouse visa and return? From what I understand, if I apply outside of Aus, I have to be outside the country to get the visa.

Or, would it be better for us to move out with me on a tourist visa, and apply for a Spouse one when we are out there? I assume that in this case, I couldn't work? Husband will be trying to set up his business over there, so we could really do with me having an income while he does that. I'm over 45, and work in the Charity sector, so not sure there are any working visa options open to me, other than spouse one?

We will only move out if his business seems eligible and works over there as well as it does in the UK. He wants to come out to Australia for a trial run for a couple of months, as soon as he's able to travel there again. Obviously we don't want to spend AUD7000 on a spouse visa if things don't work out, but I'm worried about the idea of me having to wait 12+ months once we get out there before I can get a job.

So, in summary:

Is there any way I could get a working visa, other than a spouse one or should I bite the bullet apply now for a Spouse one? If I apply for a spouse visa while out of the country, am I allowed into Australia while I wait for it to come through?

Sorry for the long post - any insights or advice would be greatly appreciated! Thanks.


moneypenny20 Oct 23rd 2020 1:30 pm

Re: Spouse visa - should I apply now?
 

Originally Posted by redrosie (Post 12925226)
Hi everyone,

Looking for some advice about spouse visa. My husband is an Australian citizen (also British - he has dual citizenship) We've lived in the UK since getting married (15 years) but are thinking about moving out to Australia. I would be eligible for a Spouse visa, but Aus gov website says it would take 18 - 24 months to go through. Is that about right?

We would like to move asap, but obviously it's on hold right now because of COVID. Assuming the situation has settled by then, our ideal scenario would be to move out at the end of next year (2021) so that our daughter can do Year 6 at primary school out there.

My question is, should I apply for a Spouse visa now? If I do that, do I have to wait in the UK until the visa is granted, or can I travel to Aus on a tourist visa, and then leave the country to get my Spouse visa and return? From what I understand, if I apply outside of Aus, I have to be outside the country to get the visa.

Or, would it be better for us to move out with me on a tourist visa, and apply for a Spouse one when we are out there? I assume that in this case, I couldn't work? Husband will be trying to set up his business over there, so we could really do with me having an income while he does that. I'm over 45, and work in the Charity sector, so not sure there are any working visa options open to me, other than spouse one?

We will only move out if his business seems eligible and works over there as well as it does in the UK. He wants to come out to Australia for a trial run for a couple of months, as soon as he's able to travel there again. Obviously we don't want to spend AUD7000 on a spouse visa if things don't work out, but I'm worried about the idea of me having to wait 12+ months once we get out there before I can get a job.

So, in summary:

Is there any way I could get a working visa, other than a spouse one or should I bite the bullet apply now for a Spouse one? If I apply for a spouse visa while out of the country, am I allowed into Australia while I wait for it to come through?

Sorry for the long post - any insights or advice would be greatly appreciated! Thanks.

Simply put if you can afford to apply for the Spouse Visa even if you end up not moving here then do it. The length of time they take to come through and current cost is crazy, I know it's a long time ago but mine cost $500 ish and came through within the week. Yes you can come over in the meantime and yes you have to leave in order to get the visa. If COVID wasn't a thing I would have suggested you all come out for a couple of months (you on a tourist visa) and 'try before you buy', you may all hate it and realise you'd be better off staying in the UK but given you won't be coming over any time soon I'd get the application going.

I have no idea if you'd have any success in getting decent paid work in the charity world here but obviously if you come over on a Tourist Visa you won't be working, not even volunteering. As for applying for a working visa you'd have to go through the official website to see if there's anything for you. https://immi.homeaffairs.gov.au/visa...g-in-australia .

redrosie Oct 23rd 2020 3:10 pm

Re: Spouse visa - should I apply now?
 

Originally Posted by moneypenny20 (Post 12925271)
If COVID wasn't a thing I would have suggested you all come out for a couple of months (you on a tourist visa) and 'try before you buy', you may all hate it and realise you'd be better off staying in the UK but given you won't be coming over any time soon I'd get the application going.

Thanks for swift response! I would like to try it for a couple of months, but it's not really practical or affordable for us. Idea is to come for a couple of years as a 'trial run' and then make a decision about where to settle down.

It's hard to spend that much on a visa without knowing if we will actually use it, but your advice does make sense!


quoll Oct 23rd 2020 7:28 pm

Re: Spouse visa - should I apply now?
 
The cost of the visa is but a drop in the ocean of the total cost of a move to the other side of the world. Apply for it now, offshore and see what floats. You'd still have a while to make up your mind as long as you activate within the year, you'd have up to 5 years to make up your mind. If the visa hasnt arrived by the time you want to leave, yes, you can go on a tourist visa but you have to leave the country before the partner visa is issued. A holiday to suss things out would probably be cheaper!!!

Only word of warning - read the Hague Convention before you go. Should the absolute worst happen, you hate it, your DH wont leave and wont allow your child to leave then you will be stuck there until your child is old enough to be left or chooses to leave of their own accord - Australia just doesnt let kids leave if one parent says no. Also, dont sweat the yr 6 primary school thing - kids move schools all the time, there's nothing magical about having them do yr 6 in an Aus school (some states dont finish primary until after yr 7).

As for working in the charity sector - you'd probably have as good a chance there and a bonus of working in the NFP sector is that you can salary sacrifice a good deal of your salary which makes it go just a little bit further although charity salaries tend not to be great.

BritInParis Oct 24th 2020 2:05 am

Re: Spouse visa - should I apply now?
 
When and how did your husband become a British citizen?

TeeTMI Oct 26th 2020 10:51 pm

Re: Spouse visa - should I apply now?
 

Originally Posted by redrosie (Post 12925226)
Hi everyone,
So, in summary:
Is there any way I could get a working visa, other than a spouse one or should I bite the bullet apply now for a Spouse one?.

Depending upon your circumstances there is potentially a work around that may enable you to work in Australia whilst waiting for your spouse visa.

Be aware that in the October budget the government announced that it is their intention to make changes to the Partner visa application process next year (exact date not provided yet - Nov 2021 suggested).

redrosie Nov 8th 2020 7:25 pm

Re: Spouse visa - should I apply now?
 

Originally Posted by BritInParis (Post 12925587)
When and how did your husband become a British citizen?

His grandparents were born here and his dad born in former British territory.

redrosie Nov 8th 2020 7:28 pm

Re: Spouse visa - should I apply now?
 

Originally Posted by TeeTMI (Post 12926670)
Depending upon your circumstances there is potentially a work around that may enable you to work in Australia whilst waiting for your spouse visa.

Be aware that in the October budget the government announced that it is their intention to make changes to the Partner visa application process next year (exact date not provided yet - Nov 2021 suggested).


Can you tell me more about your work comment? I thought there were only certain types of jobs that would make me eligible for a work visa?

Good info about the changes coming next year- do you know if that’s likely to make the process easier or harder?

TeeTMI Nov 9th 2020 1:28 am

Re: Spouse visa - should I apply now?
 

Originally Posted by redrosie (Post 12932988)
Can you tell me more about your work comment? I thought there were only certain types of jobs that would make me eligible for a work visa?

Good info about the changes coming next year- do you know if that’s likely to make the process easier or harder?

Please feel free to contact me at my business email (in signature) and I can go through more details.

The changes next year may make the process longer, or more complicated for people lodging from within Australia? It will depend somewhat on policy and how the legislation is written?



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