Settlement or Remain visa for UK
Aug 30th 2016, 11:51 pm
#1
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Joined: Aug 2016
Posts: 4
Settlement or Remain visa for UK
I am UK citizen returning to UK soon. Can my partner (Aussie passport) come as a visitor then apply for visa to remain/settle from within the UK? Its not quite clear to me from the .Gov website information...one page seems to imply that you can apply to remain in the UK but then in another part is seems to say that you are not eligible to apply for the 5 or 10 year route if you are "a visitor".
Thanks for any advice.
Thanks for any advice.
Aug 31st 2016, 12:12 am
#2
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,648
Re: Settlement or Remain visa for UK
If you enter the UK as a visitor, you cannot apply or switch to any other visa.
You must return to your home country to apply for a settlement visa.
If you are in the UK under say, a student visa, a work visa, an investment visa etc then you can apply for a visa to remain in the UK once your initial visa ends.
You must return to your home country to apply for a settlement visa.
If you are in the UK under say, a student visa, a work visa, an investment visa etc then you can apply for a visa to remain in the UK once your initial visa ends.
Aug 31st 2016, 12:17 am
#3
Joined: Feb 2012
Location: Not in Paris
Posts: 18,188
Re: Settlement or Remain visa for UK
No, you cannot switch from leave to remain as a visitor to any other type of visa from within the UK. Your partner would need to lodge any application from Australia. An application for a spouse/civil partner visa would require you, as the British sponsor, to meet the necessary financial requirements. This is usually the biggest potential stumbling block for most people. There is more information available on the wiki.
If your partner has any recent European ancestry then it is worth exploring their eligibility for a British, Irish or other EEA passport or an ancestry visa to negate the need for a spouse/CP visa.
If that's not an option then if they are under 30 then a Tier 5 (Youth Mobility Scheme) visa would allow them to live and work in the UK for up to two years. Once in the UK and working then you can combine your incomes to meet the financial requirement if you do not currently do so.
If your partner has any recent European ancestry then it is worth exploring their eligibility for a British, Irish or other EEA passport or an ancestry visa to negate the need for a spouse/CP visa.
If that's not an option then if they are under 30 then a Tier 5 (Youth Mobility Scheme) visa would allow them to live and work in the UK for up to two years. Once in the UK and working then you can combine your incomes to meet the financial requirement if you do not currently do so.
Last edited by BritInParis; Aug 31st 2016 at 12:20 am.
Aug 31st 2016, 12:58 am
#4
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Joined: Aug 2016
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Re: Settlement or Remain visa for UK
Thanks SanDiegogirl and BritInParis
Just a clarification. Does he have to go to Australia (country of passport) to apply? We have both lived in USA for 20+ years and are permanent residents.
Just a clarification. Does he have to go to Australia (country of passport) to apply? We have both lived in USA for 20+ years and are permanent residents.
Aug 31st 2016, 1:00 am
#5
Joined: Feb 2012
Location: Not in Paris
Posts: 18,188
Re: Settlement or Remain visa for UK
He would need to apply from a country in which he is a legal resident. Normally this is your country of citizenship. If he holds PR in the US then he can also apply from there.
