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✎ EN Australian having to leave the UK to apply for spouse visa?

Discussion in 'Immigration UK' started by jennifer23, Oct 10, 2006.

  1. jennifer23

    jennifer23 New Member

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    Hi, stressed Australian wife to UK citizen here.........

    apologies for the lengthy post, but this is causing me some distress(!!)

    I have been here nearly 2 years on a working holiday visa which runs out very soon. We married in April after having been a couple for 10 months and living together for 8 (all of which we have strong evidence for) and have now been living together for a year and a couple for 15 months.

    We were originally planning on applying from the UK but were told recently (counter to the advice we recieved from the HO just after we married) that I would have to return to to Australia to apply for my settlement visa. I think it may have to do with the fact that we left the country after we got married (on our honeymoon!!) and then for another 2 week holiday a couple of months ago and I rentered with less than 6 months left on my WH visa.

    I wasn't even allowed to book an appointment for an interview in the UK on the Fast track and was told by several immigration advisors that the rules have changed in the last few months and I would have to apply from Australia.

    This has proved expensive and stressfull as I have had to book an expensive trip I didn't want to make after having already visited Australia with my husband recently. I have bitten the bullet however as my WH visa runs out in a few weeks and I want to get this resolved asap so am leaving for Australia tomorrow.

    I've got all the relevant documentation ready (an enormous 3inch thick folder of evidence) and am confident in our case (we are currently living rent free in my Australian based parents UK flat, husband earns a good wage etc etc) but have just had a panic about something I read on the australian BHC website.

    I've applied from here online as online applications take priority so I can enter Australia as quickly as possible and return to my life with my husband in the UK. I've just noticed however that the website says that:

    Persons who apply for a visa at the British High Commission, Canberra must be residing in Australia at the time of application. Those currently outside of Australia must contact their nearest British High Commission / Embassy.

    This is particularily aggravating as this is exactly what I wanted to do and I do not currently reside in Australia. What worries me is that I have put my address down on my application as my London address and not an Australian one (I don't have a Australian address!! I will stay in hotels and with my parents during my hopefully brief stay in Oz)

    I was wondering if this will slow things down when they see the English address on my application. I'm happy to fill out the application form again using my parents address as my australian residence but would rather not as it's 1) creating 2 applications on the BHC files from me and 2) is very longwinded.

    The other thing that I find a bit worrying is that when I get to the canberra BHC apparently all i can do is drop off my application and go to my hotel and hope for the best. I can't schedule an appointment to see them face to face and whilst ther website states 5 days processing when I phoned them up they said at least 10. Anyone have any experience of how long this can take?

    Do they normally process these applications without seeing the applicant?

    My dream would be a scenario to walk into the office, have to wait for a couple of hours to see someone who would check my documents and tell me to return in a couple of hours to pick up my fully visa'd up passport...........

    bit unrealistic I know but i feel like I've been messed around by the HO, I asked them just before I got married over 6 months ago if I'd be able to process my application from the UK before my WH ran out and they told it would be fine, so this has all been unplanned and a bit last minute.

    apologies again for the very long post, any advice gratefully recieved............[/b]
     
  2. Triple H

    Triple H Addicted member

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  3. jennifer23

    jennifer23 New Member

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    thanks, i read that, lots of good info

    it does seem tho that the rules were changed subsequent to that thread, so that back then (only a short few months ago) as long as your visa was issued for over 6 months (i.e. not a simple visitors/ tourist visa) then you could switch status in the UK. This seemingly has changed and now I have to leave.

    Someone in the thread also said they could book an appointment in the BHC in canberra and do it all same day (if no complications with the application)

    BHC tells me there is no way this is at all possible
     
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