Anth0ny

Hi, we need some help and advice ...so a quick paragraph of details.

Myself (UK Citizen) 38, and Kylie (Australian Citizen) age withheld , met and lived together in Australia 2006 when I worked there on a temp visa, we then returned to the UK (Kylie on a WHV) in 2007 and have since then been successful getting Kylie onto a UK unmarried partner visa. We are now expecting our first child due 1st May. Kylie has always wanted us to return but now even more so, to the point that she does not want the baby born here, but in Tasmania where all her family are and where she would like to remain...obviously with me too

We have looked at visa 309/100 and will be applying, but is there anything we can do to speed up the process (ie, lodge the forms at the Australian High Commission in London)? Obviously a 5/6month precessing time is too long for our situation. We have a straight forward application and we have sufficient savings as not to be a burden.

Finally, can I apply for this visa offshore then apply for a ETA so I can fly to Tasmania with Kylie for the birth, I/we would not be entering Australia on false pretenses as we plan to return before the 3 month ETA is up to end our commitment to the UK ie rental property, ship all our possessions, etc.

Just to re-cap, we need to be in Australia in April/May for the birth, yet I still need to gain a visa to allow me to remain indefinately, preferably within the next 6 months.

Any advice would be very much appreciated.


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Bermudashorts

I am almost certain that you are not going to be able to expediate your processing. Visas are not processed on the basis of a subjective appraisal of who needs it sooonest.

I am sure that you would be able to go over to Australia once your visa is lodged, have seen people do that. Just keep your CO informed of your plans.

SillyOldBag

Yes you can submit your application for a spouse visa in UK and then travel to Australia on an ETA provided of course that you keep your CO informed of your plans. Whilst you do have to be offshore when the visa is granted, you don't necessarily have to return to the UK, many hop over to NZ for a couple of days or so. The important thing is to keep DIAC aware of your plans and whereabouts.

The other issue I would raise is the plan to do with having the baby in Australia. I'm sure I read on here somewhere the other day that an Australian citizen returning to Australia after a few years absence is not automatically entitled to Medicare and need to prove that they have permanently moved back to Australia. You might need to look into this aspect further. I may be wrong though as I can't remember the detail, I just remember being surprised!

Good luck with your application

Anth0ny

Thanks for your replies

I've checked with Medicare and they say an Australian citizen, no matter what their tax/resident status, can be overseas for 5 years before any questions are asked. It appears many women return after being away less than 5 years to have children and this is no problem.

Good news about the ETA!

Although immigration don't give any special considerations with Visa application such as this, does it help any, even if it just shortens processing by a little bit, to submit the application in person to the High Commission in London? (eg: will it 'jump the que' ahead of postal applicaitons? How long do postal applications take to enter the processing que?)

Thanks again...all help is much appreciated

moneypenny20

If you're living in the UK currently you would only be submitting your application to AHC in London. The current advertised time scale in London is 5 months (give or take). You won't be able to get it through much faster than that unless they suddenly get back to 2005/6 days when a straightforward Spouse was turned round in a week or less - that's unlikely sadly. Get your application in asap, front load it - which means include the PCC and Medical - not generally advised at the moment because of the length of time but in your case I would.

Dorothy

No, it will not "jump the queue". Sorry to say, but your application is not any more special than anyone else's. Every applicant wants their application processed faster, but that's not how it works.

Shellyj

Nobody jumps the que, spouse visas are processed in th order they are recieved. Same goes for child visas.
Applications enter the que as soon as they are recieved but might not been worked on until there is a CO available to look at it. Handing it in in person would save you the 24hrs it would take to get there by special delivery only.

George Lombard

Hi Anthony,

Whether you decide to apply for a spouse visa in London and then come over on a visitor visa for the birth, or alternatively come here on a visitor visa and then apply for a spouse visa in Australia, it's all going to depend on what you do for a living, how much time you need to leave your current job and find work here, where and how you're going to live here.

There are some useful agents in the UK, people who've dealt with processing culture there and here, and for peace of mind I'd suggest you talk it over with one of them. Ian Harrop, Anthony Coates, etc.

Cheers,

George Lombard

Anth0ny

Thanks for the replies. We have large enough savings to support ourselves for a year, possibly 2 so work is not an issue.

We are currently waiting on the stat decs from Kylie's family to lodge with our application. I am planning on front loading the med and police check, but I don't know what med check I need, where the info is for this, or how to get the required police check done for this visa.

Your help is very much appreciated



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moneypenny20

PCC info here and Med info here.

Anth0ny

Thankyou moneypenny, I have now emigrated over to the Spouse Visa Circle, so I will leave this thread to gather dust.