debbie7155

Hi my husband is australian, our 3yr old son was born in australia & has UK & australian passport.
I am UK english born,
we would like to go back to australia to live (weve been in the UK for 2 1/2 yrs, what kind of visa would i need to apply for myself?
weve been married for 3yrs, lived together for 4 yrs.

thank you.

Pollyana

Hi, and welcome to BE

You need to get a Spouse Visa for yourself, see http://www.immi.gov.au/Visas/Pages/309-100.aspx for more information.
Processing time in the UK at present is 8-9 months

debbie7155

ty so much for the quick reply, Is it very expensive? or any medicals for me etc?

Pollyana

$3085 at present
http://www.immi.gov.au/Help/Pages/fe...rges/visa.aspx
and yes, you will need to do a medical. Costs for that vary but there is a thread here with some of the fees around the country.

Have a good read of the info on the first link, especially the Partner Migration Booklet that you can download

debbie7155

It says $3085 for sub 100 first stage, Does the $3085 include the 2nd stage too or is there more fees for that stage?

It also says to be lodged in the UK, which is where we are now, but the 2nd stage says we can either be in UK or aus, if i've read that right? & says it takes 2yrs, so are we allowed to move back to australia after the 1st stage?, sorry for all the questions, just making sure im reading it right before we put it in x

roaringmouse

Does you husband have British citizenship? If not, seriously consider waiting until he does before leaving as it would make things easier in the future. You may be aware that the UK spouse visa rules changed in July 2012, which became a lot more strict regarding income (especially of the British spouse if living abroad). You never know what the future may hold.

roaringmouse

The spouse visa for Australia is a 2-stage process. The fee you pay at the beginning is the only fee - there is no additional visa fee for the 2nd stage.

However in your case you may be granted a 100 (permanent) visa straight away due to being in a partner relationship for more than 2 years with a child. That would mean no second stage for you.

debbie7155

his halfway through doing his UK visa one, he has to put in the 2nd one may 2015, think they said it takes 7 yrs? he put his 1st one in 2011 i believe

I came back to UK cos i was in aus on tourist visa, but fell pregnant & had baby in oz, i was home sick so we came back UK & hubby (who wasnt hubby at the time) came to UK on tourist visa, they said out of gesture good will cos we had 4 month old baby he could stay, & then we were allowed to get married & now he works full time here with national insurnce number etc, hope this helps?.. I want to go back to oz for good, want to bring our son up there & miss hubbys family a lot etc.

roaringmouse

I'm a bit confused on your husbands UK visa status, and I'm asking as it's generally better for all members of a family to have same citizenship(s) if possible - we really don't know what the future might hold even with current intentions of permanently living in one country.

Did your husband obtain a UK settlement visa based on marriage (aka spouse visa) before entering the UK approx. October 2011? If he did, then that visa, being under the old rules, would normally have a validity period of 27 months from date of issue. That would mean it expired late 2013 or very early 2014 and ILR (permanent residency) could have been applied from 28 days before the 2 year anniversary of arrival on that visa.

debbie7155

He applied for UK permanent residency 6 months after arriving in the UK with me, he has done it through a solicitor to make sure we were doing it all right.

we got told the 1st step is 3yrs he has a stamp in his passport for that bit, then 2nd stage is another 3yrs & then he will be granted permanently residency
They wrote in a letter every case is difference & because of the circumstances he entered the country this was the best option for him.

debbie7155

we married in UK 2012

roaringmouse

I'm still a bit confused here, but it seems you got an OISC registered migration adviser to assist you.

I think I'm not sure if the dates you mentioned make sense. You said he entered the UK as a tourist when the baby was 4 months old (so about 2½ years ago) and he wasn't your husband at the time, however you also said that you've been married for 3 years.

debbie7155

sorry yes will be 3yrs when his first part of his visa runs out

we came over from aus in may 2011, our baby was born jan 2011

we went to C.A.B they put us in touch with solicitor, they told my (boyfriend) then he had to wait 6 months before he could apply for residency because he came over on a 6 month tourist visa, we left australia because of the 2010 floods in QLD, we lost everything so i wanted to come home, we didnt have time to sort out his visa over there as i just wanted to get home away from the floods

we then married in 2012 & hubby now works full time with a proper national insurance number etc

then in 2015 we have to go back to the solicitors who then does the 2nd part of the residency, then 3yrs later he should then be granted permenantly.

hope this makes sense?

debbie7155

just looked in his passport, he has a 3yr residency permit runs out feb 2015

Just read his solicitor letter, we then go back to them before it runs out & re apply for another 3yrs to give him permanently residency.

roaringmouse

Yeah, just thought I would see if it was possible for him to get British citizenship before you originally thought, but it doesn't seem so. It's certainly not a "normal" visa situation, and I'm sure the solicitor knows what they are doing. Just be aware that the rules for the UK spouse visa changed in 2012 and became quite a bit tougher, in case your circumstances change again in the future.

Hope the Aus visa application goes well - as I said before, they may well give you permanent residency straight away.