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Settlement Visas- Help Please!!

Settlement Visas- Help Please!!

Old Feb 14th 2008, 10:55 am
  #16  
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Default Re: Settlement Visas- Help Please!!

Originally Posted by mississippi
-[SNIP]-
2. When you say the visa is valid for two years, does that mean you've got two years to take it up, so you can stay in Australia (as in our case) and not move for up to two years - or am I misinterpreting this?

Thanx
This is the point that I am interested in too. My understanding from various sources, boards and my interpretation of the UKVISA website, was that you could only apply three months before your intended date of arrival in the UK and it allowed you to stay in the UK for two years past the issue date.

I didn't think it was that you could apply now and then delay your entry into the UK for up to two years.

I think this is correct. Though I would love to be proved wrong as then I could just apply for the visa now and then not worry about it, as I expect that we will be moving back to the UK within the two year time frame.

Can anyone tell us definitively?

Thanks.
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Old Feb 14th 2008, 11:31 am
  #17  
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Default Re: Settlement Visas- Help Please!!

Originally Posted by Dave_Was
This is the point that I am interested in too. My understanding from various sources, boards and my interpretation of the UKVISA website, was that you could only apply three months before your intended date of arrival in the UK and it allowed you to stay in the UK for two years past the issue date.

I didn't think it was that you could apply now and then delay your entry into the UK for up to two years.

I think this is correct. Though I would love to be proved wrong as then I could just apply for the visa now and then not worry about it, as I expect that we will be moving back to the UK within the two year time frame.

Can anyone tell us definitively?

Thanks.
You should ask on http://www.immigrationboards.com
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Old Feb 14th 2008, 11:33 am
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Default Re: Settlement Visas- Help Please!!

Originally Posted by donsp10
JAJ, what are my partners options re: Australian citizenship. He is sitting the test start of March, but we have flights booked first week of April. He is a permanent resident of Australia (British passport) Can he come back to Australia in a couple of years on his Permanent Residency visa?
He can if he gets a Resident Return Visa (has he got one) but why not pursue his citizenship application?
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Old Feb 14th 2008, 12:38 pm
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Default Re: Settlement Visas- Help Please!!

Originally Posted by JAJ
He can if he gets a Resident Return Visa (has he got one) but why not pursue his citizenship application?
No he doesn't have a Resident Return Visa.
The problem with his citizenship application was that he sits the test on the 27th march. If he passes that according to the website he must wait till the local council contacts him to let him know when the ceremony will be.

Problem is we have one way tickets on the 9th of April to the UK and I didn't think he would get his certificate in time.
This is information I wasn't aware of before I booked the flights or I would have waited.
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Old Feb 14th 2008, 1:47 pm
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Smile Re: Settlement Visas- Help Please!!

Thanks "donsp10" you have clarified it for me completely. I will wait until we have a month in mind (which at this stage is still end of May) and so I will apply at the end of this month - given that I need to be in the UK for 2 years to apply for residency.

Did you find the on-line form questions a little bizzare? I printed off the old form, once mid-2007, before you had to do it on-line and some of the questions seemed to be for people who had just met, and I found them difficult to answer given that we've been married for over 10 years.

I just found this forum a couple of days ago, and have found out so much information already - things I needed to know but was going to wait until I got to the UK to find out - like council tax, cost of living, car rego & insurance etc.

Great site everyone - it's hard to make the decision to move back because it's been a long time for my OH, but we are so excited about it - and can't wait for some decent English tele (yes I know there is more to life, but when you have two pre-schoolers who leave you exhausted - and you have no family to baby-sit, t.v. becomes important in the evenings!!!!) and bring on daylight savings and English pub lunches - and access to Europe, USA, Canada for holidays - instead of nowhere except possible NZ.

Gotta go - thanks again for your advice.
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Old Feb 14th 2008, 2:32 pm
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Default Re: Settlement Visas- Help Please!!

Originally Posted by JAJ
Jaj,

I did ask on that forum and didn't get a conclusive answer. I did get pointed to some good documents and it seems that my understanding above is correct, i.e. you can't apply till 3 months before your expected entry date into the UK.

Thanks as always for takingthe time to reply.
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Old Feb 14th 2008, 3:15 pm
  #22  
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Default Re: Settlement Visas- Help Please!!

Originally Posted by Dave_Was
Jaj,

I did ask on that forum and didn't get a conclusive answer. I did get pointed to some good documents and it seems that my understanding above is correct, i.e. you can't apply till 3 months before your expected entry date into the UK.

Thanks as always for takingthe time to reply.
You may wish to peruse the Entry Clearance Manual at http://www.ukvisas.gov.uk

That said, if you are granted a visa and don't activate it soon enough, you'll have to spend further money (later on, in the U.K.) obtaining Further Leave to Remain to bridge the gap between the spouse visa expiring and eligibility for Indefinite Leave to Remain.
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Old Feb 14th 2008, 3:22 pm
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Default Re: Settlement Visas- Help Please!!

Originally Posted by donsp10
No he doesn't have a Resident Return Visa.
If he has 2 years physical presence in Australia as a PR in the last 5 years, he can get one over the counter at a DIAC office. Cost A$120.

The problem with his citizenship application was that he sits the test on the 27th march. If he passes that according to the website he must wait till the local council contacts him to let him know when the ceremony will be.

Problem is we have one way tickets on the 9th of April to the UK and I didn't think he would get his certificate in time.
It may take longer than that. After he does his test he has to apply for citizenship (up to 3 months processing time) and then there's another wait - usually a few months - for the local council citizenship ceremony.

However, he may be in luck under the new laws. Because of the new section 22(9) of the Citizenship Act, spouses of Australian citizens may be able to complete the citizenship process overseas (and do a ceremony in London).

An Australian spouse normally constitutes a "close and continuing association with Australia" for citizenship purposes.

Be prepared for a lot of hassle, as it's quite likely the people on the helpline don't know about these rules.
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Old Feb 14th 2008, 9:34 pm
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Default Re: Settlement Visas- Help Please!!

quote: "Did you find the on-line form questions a little bizzare? I printed off the old form, once mid-2007, before you had to do it on-line and some of the questions seemed to be for people who had just met, and I found them difficult to answer given that we've been married for over 10 years."

Yes they were a bit odd, ended up filling out the same answer to different questions!!


"Great site everyone - it's hard to make the decision to move back because it's been a long time for my OH, but we are so excited about it - and can't wait for some decent English tele (yes I know there is more to life, but when you have two pre-schoolers who leave you exhausted - and you have no family to baby-sit, t.v. becomes important in the evenings!!!!) and bring on daylight savings and English pub lunches - and access to Europe, USA, Canada for holidays - instead of nowhere except possible NZ."

I know what you mean, I have a 21 month old and a 6 week old. You can only watch so much Hi-5!!!!

Good luck with it all
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Old Feb 14th 2008, 9:41 pm
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Default Re: Settlement Visas- Help Please!!

Originally Posted by JAJ
If he has 2 years physical presence in Australia as a PR in the last 5 years, he can get one over the counter at a DIAC office. Cost A$120.



It may take longer than that. After he does his test he has to apply for citizenship (up to 3 months processing time) and then there's another wait - usually a few months - for the local council citizenship ceremony.

However, he may be in luck under the new laws. Because of the new section 22(9) of the Citizenship Act, spouses of Australian citizens may be able to complete the citizenship process overseas (and do a ceremony in London).

An Australian spouse normally constitutes a "close and continuing association with Australia" for citizenship purposes.

Be prepared for a lot of hassle, as it's quite likely the people on the helpline don't know about these rules.
Ok thats good info. Will have to get the Resident return Visa as I cant see the citizenship coming through in time. He will still sit the test though, cant hurt can it?
We are not married, would it be the same rules for de-facto? We have 2 kids together also

Thanks, Donna
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Old Feb 14th 2008, 11:45 pm
  #26  
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Default Re: Settlement Visas- Help Please!!

Originally Posted by donsp10
Ok thats good info. Will have to get the Resident return Visa as I cant see the citizenship coming through in time. He will still sit the test though, cant hurt can it?
We are not married, would it be the same rules for de-facto? We have 2 kids together also

Thanks, Donna
Section 22(10) of the Act extends the definition of "spouse" (for s22(9) purposes) to de-facto partners. And Australian citizen children are also a "close and continuing association" with Australia

He needs to sit the test if he wants to become a citizen and it will be easier to do this in Australia.

So is he planning to continue his citizenship application using s22(9) or is the plan just to abandon it?
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Old Feb 16th 2008, 1:02 pm
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Default Re: Settlement Visas- Help Please!!

Originally Posted by JAJ
Section 22(10) of the Act extends the definition of "spouse" (for s22(9) purposes) to de-facto partners. And Australian citizen children are also a "close and continuing association" with Australia

He needs to sit the test if he wants to become a citizen and it will be easier to do this in Australia.

So is he planning to continue his citizenship application using s22(9) or is the plan just to abandon it?
We will definately go ahead with the application and hopefully he can complete it in London.

Thanks for you help JAJ

Donna
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