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✎ EN Spouse visa australia-uk

Tema en 'Immigration UK' comenzado por jilly, 19 de Marzo de 2006.

  1. jilly

    jilly Member

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    My fiance, who's Australian, and I (British) are planning to get married, probably in Gibraltar, in the next couple of months. Once we're married, how will he go about applying for a spouse visa for the UK? He won't have any visa which will allow him to remain in the UK for over 6 months - does this mean he'll have to go back to Australia to apply? Will I have to go too? Can he apply from anywhere else? How long should we expect the application to take? Should it be straightforward? Once we're married will we need any further evidence of our relationship in applying for the spouse visa?
    Thanks very much,
    jilly
     
  2. Triple H

    Triple H Addicted member

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    Yes.

    You must get a visa before you travel to the UK as a husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or my unmarried or same sex partner.
     
  3. Ness1409

    Ness1409 Member

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    Hi Jilly,

    That depends. Where are you now???

    If you are still in Australia, by far the easiest way to do it is this:
    1) Apply for a fiancee visa from BHC in Canberra. Either in person or by mail/internet
    2) Once this is granted, you have 6 months to marry. You can do this anywhere you like... UK, Gibraltar, wherever.
    3) Once the marriage has taken place, in the UK you can fill in a form for him to switch to Spouse visa. This will be granted, it will be a mere formality to get the sticker in his passport. They've already given you permission to marry, all you need to do now is show them you have done that within the 6 month validity of the fiance visa.
    4) Once this spouse visa is granted he can then start to work.

    If you aren't in Oz anymore, let's just say you're both in the UK and he's in on a 6 month visitor visa...
    1) Marry in Gibraltar, or Malta, or Italy, or Cyprus etc. You cannot marry in the UK.
    2) He must then fly home to Australia. You do not have to go with him. But, he HAS to get the spouse visa from Canberra. He will not be able to get it anywhere else, so don't even bother wasting your time or money to get it elsewhere
    3) Apply for Spouse visa in Canberra, either in person or by mail/internet
    4) This application will be important to have everything presented perfectly.
    - You must fulfil certain requirements about income (to prove he will not revert to public funds) - which will be hard to prove if you don't both have a good amount of savings. I say this, because I assume that you won't be working because you're pregnant (I think I read this in one of your other posts). There is no specific amount of money they require, as all situations are different. Just that you can make payments for rent/mortgage etc. So copies of all bills and copies of bank statements.
    - You must show you have somewhere adequate to live. Photos, mortgage statements, floorplans, valuations, lease etc.
    - You must prove evidence that the relationship is real. EG photos together, letters, postcards, phone bills, emails, IM logs from chatting, etc. This should be easy to prove since I think you two have lived together for a while?

    There are a few other things you need to prove, a search of the archives on this board will no doubt tell you all you need to know.

    Yes, as stated above. Unless of course he enters the UK on a fiance visa, which again he can only get from Oz.


    No and no, as stated above


    If you do Option 1 above, it will be a mere formality and very straightforward.
    If you do Option 2, you need to be aware that you will need to provide abundant proof. As long as you can supply all this proof and set out your application in an orderly manner, then it too will be relatively straightforward.
    If you apply in person in Canberra you will have it same day and can fly to UK that night. However, it'd be a bit risky to book plane tickets for that night just in case the application is denied. I'd give yourself a week just in case anything needs sorting out.
    If you apply by mail it is cheaper, but will take a few weeks, maybe 2 or 3.


    Well, yes, as stated above if you are applying for a spouse visa from Canberra you do need to produce a lot af varied proof and information.

    Please search the archives for this kind of info, or see the following poston another board which is invaluable. Forget about the "failed assylum seeeker" bit and just read the many posts giving suggestions of what they provided as proof and how they set it out. As long as the application has all the information they need and you can prove you fit the criteria for the visa, there is no reason it should be denied.
     
  4. Triple H

    Triple H Addicted member

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    :thumbsup:

    Great info !!!
     
  5. jilly

    jilly Member

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    thank you, that is extremely helpful. Based on the information you've given me, my fiance will now apply for a fiance visa in Canberra and we'll marry in the UK within the next 2 or 3 months.
    Thanks again!
     
  6. Ness1409

    Ness1409 Member

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    Jilly,
    Glad I could help.

    Just remember to provide ample proof of all the conditions and he will get the fiance visa easily. Without the proof he won't get it. If you have any problems in Canberra getting the fiance visa, feel free to PM me and I will see if I can help you work out how to re-submit it to get a positive answer.

    Also, you might need to look into this but I think it might pay to tell the immig authorities in Canberra that you're getting married in the UK. Because the fiancee visa is issue for the purpose of marrying in the UK, you might fail the criteria if you're getting married in Gibraltar. By all means tell them that you plan to wed in your local registry office within 3 months of him arriving, and once he gets to the UK you're welcome to wed wherever. (This is what I have been told, and I cannot see why this would not be the case).

    Alternately, if you're in the UK go see your CAB (Citizens Advice Bureau) - they have immigration assistance.

    Good luck with it all, and please post on here with your success story to let us all know what you did and how you did it and what proof you gave and how long it all took!

    (We need more success stories :) )
     
  7. jilly

    jilly Member

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    Thanks, that's really helpful. At the moment I'm trying to gather up all the evidence that we'll need for the application. There is a very basic and not very specific list of which documents are required on the Canberra's British High Commission website. On BHC websites in Africa there are more comprehensive and demanding lists of required documents - I wonder whether this is because applicants from Africa are subect to a stricter and possibly more suspicious application process? The rate of rejection for settlement visas from Australia seems to be very low. We just want to get the first application right as we'd like him to come to Britain ASAP.
    In my sponsor's letter I've mentioned that I'm pregnant - I hope they won't want evidence of this, as I wouldn't be sure how to obtain it!
    A major and undeniable reason for why we're getting married is to ensure that he is able to get a visa to live in the UK, although this is so that we can be together and not for any ulterior motive on his part. Do you think that the fact that we're marrying for this reason will impact negatively on their decision? Thanks again, and yes, I do hope that this turns out to be a success story! :)
     
  8. Ness1409

    Ness1409 Member

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    Hi Jilly,

    Do you have a doctor's letter you can give them to say you're preggers? I don't in all honesty think you'll need one.

    Yes, you're right, the list of docs and proof required is a LOT higher from Africa. I suggest this might be so because there is such a change in living conditions between there and here, they likely have a LOT more people wanting to "upgrade" countries. Whereas Aussies to UK there is not much change - some might say we're even moving down a peg :) *winks*

    I think as long as you can provide proof for all the requirements (relationship, financial, housing) and give them some basic plans for your impending nuptuals (e.g. when he arrives we'll go to our registry office and give notice. We think we'll have the ceremony XXX and we think we'll have a small reception for XX people held at XXX) then that will be more than good enough.

    I understand of course the reasons for marriage, we're doing the same thing, but I won't be mentioning that at all :) We're getting married coz we're madly in love and want to become a proper family. You guys especially, it is important to the both of you that you're married before the baby comes so you can be a family in every sense of the word.

    Good luck!
     
  9. brownbonno

    brownbonno Active Member

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    .

    With due respect the reasons why Western embassies demand a LOT of documents for AFRICANS is just that they don`t trust/respect the BLACKS(racially motivated).Sham marriages reports in the UK doesn`t point to Africans as the main source of such practices.Do the world Really care about AFRICA as a continent ?
     
  10. jilly

    jilly Member

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    I agree that it's unfair, no matter what the official reasons are, that Africans (and, I suspect, people from all 'developing' countries) are automatically treated with more suspicion and have to 'prove' themselves to a much higher degree than people from countries such as Australia and the US. I expect the whole process takes a good deal longer in Africa too.
    I'll book a doctor's appointment tomorrow and try and get him to give me a signed letter saying I'm pregnant.
    I'm hoping that immigration will think my fiance's downgrading a bit by leaving Oz for the UK and definitely won't think that he's coming here for a better life!
    Thanks again xxx
     
  11. jilly

    jilly Member

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    I'm just a bit paranoid about them having any grounds to refuse us on, so think I might include a pregnancy letter. But I guess our applicatiion doesn't hinge on the fact that I'm pregnant so maybe I won't need it.
    We're going to have a small legal ceremony in a registry office and then next year have the whole shebang, with a church and a white dress and a honeymoon and everything (basically this is so that I can fit into a size 10 wedding dress - not so easy when you're pregnant to go on a diet!). Should I mention that we're going to have this big wedding? Otherwise I'm worried they'll be suspicious that we're having such a low key registry office wedding.
    Good luck to you too!
    xxx
     
  12. Ness1409

    Ness1409 Member

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    I don't think you have any reason to be paranoid, it should be pretty straightforward. But by the same token I know exactly what you mean, coz I often wonder how our app will go when our time comes!

    I think it's a wonderful idea to put in your sponsor's letter that you're planning a registry wedding now and then to renew your vows in a year or so. You could mention that will give you more time to save for a big reception, and also that you'd like your son/daughter to walk down as pageboy/flowergirl. Plus, I think mentioning that you're going to save for a big wedding should help indicate to them that you're planning on hubby getting a job which will not only support your family, but will also have surplus funds to save.

    Another idea which many others have done is to buy the paper on jobs day (which is today up north, dunno where you are) and circle/cut out jobs which your FH is qualified/experienced enough to apply for. This will help the immigration authorities to estimate FH earnings so will help you for the financial proof.

    I wrote a big post earlier but it's disappeared, I had more in there for you but this is all I can remember for now :)

    I'm sure you'll be fine, you sound well prepared so it should be just a formality.

    Is your FH going to apply by post or in person for the Fiance visa?

    Good luck with it all, but you're not gonna need it :)
     
  13. jilly

    jilly Member

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    That's a great idea to send ads for prospective jobs, thanks for the tip!
    My fiance is going to apply by post, they recommend this on the BHC website. They also say that in Canberra the applications are currently taking longer than they should. My FH has a flight booked to the UK for May 9th, although thia can be changed if needs be, but I hope that it can be done in this time!
    It's funny how paranoid you get about these things. I know how serious and genuine our relationship is, but thinking about having to prove it makes me so nervous that I even doubt it sometimes, which is utterly ridiculous!!
    Hopefully I can send my fiance all the stuff tomorrow and he can then post it all off to Canberra. We're hoping they'll only need to do a telephone interview as otherwise it would mean a trip there from Tasmania for him, although he can do this if needs be.
    I don't suppose you know how thorough you have to be when providing documents?
    Should you include bank statements for the past three months or will a recent one do? We'll be living with my parents while we look for a house to buy, will a letter from my parents confirming we have a room in their house suffice?
    Cheers xxx
     
  14. Ness1409

    Ness1409 Member

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    Hi again Jilly,
    Sorry I didn't see this yesterday, or I'd have replied sooner!
    Yes, absolutely perfect to include the letter from your folks about staying in their house rent free until you can get your own place. This is quite common and a good thing to include.
    And I'd do *at least* 3 months. We're inclluding 6 months, but am pedantic. Just prior to me submitting our application I will have been in Turkey and Vegas, so our recent 3 months statements are full of expensive charges to the credit card due to these 2 trips. If I include 6 months, then they will see what my savings history was like before I started to spend :)
     
  15. Ness1409

    Ness1409 Member

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    Ooooh and since he's in Tas and you're in UK, I'd also include phone bills, letters, emails etc. Obviously nothing *too* personal in nature, but evidence of ongoing and frequent contact since the seperation would be good if you have any. If not don't worry!
     
  16. Igebert

    Igebert New Member

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    Applying for a SPouse Visa Second Time Around

    Hi i was very interested and impressed with some of the responces that i have seen given to queries on the web site and was hoping that I may be able to get some great tips and advice to. As me and my husband cant afford to pay for a immigration lawyer.

    I meet my husband in oz in feb 04 when i was on a working hol. Im irish and he is ozy but has dual citizenship for UK and the EU as his mum is english. He is in the defence forces in OZ.

    after my working visa expired in July 04 i returned to ireland then went back to oz in the sept for 3 months holiday visa to live with him and then when that expired he returned to ireland with me taking leave from the defence forces and spent 6 weeks with me and my family in ireland and we spent over 4 weeks touring europe , 2 weeks on a tour and then 2 weeks with his parents as they came over to ireland to meet my parents and trvel around the uk.

    he then went back to oz for work and when we had been together for 12 months i applied for a defacto visa and it failed so lots of expense wasted.I had to work for 7 months to get back to oz and was only again let in on a tourist visa again after a lot of hasstle and was given a crap visa that would not let me stay after it expirxed so i had to leave . We got married in Feb 06 and now i am back alone in irealnd waiting to apply again but am freaking that we wont get it again,

    we just want to be together and it makes me so sad and depressed that 2 people from opposite ends of the world that just meet feel in love and are genuine are treated like this.

    Does anyone have an positive advise for me please
    xxxx
     
  17. jilly

    jilly Member

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    Just an update to let you know that my fiance has just found out that his fiance visa has been granted. It's such a relief.
    We were really pushed for time, as he has a flight booked to the UK next week!
    I prepared the application from here in the UK, then sent it off to my fiance in Tasmania, who added a few things to it and then sent it to the BHC in Canberra. All this postage ate up a lot of time, and they only received it last week. This put us in a real panic as applications are taking between 15 and 20 days at the moment, and currently you can't go to Canberra to pick it up yourself and therefore speed up the process.
    So my fiance has been ringing up the BHC and badgering them with questions, which seems to have worked as when he called up today they said it was in the post! We're just worried now that it might have been a failed application, but from what he can gather it's good news!
    So these people at the BHC must have hearts, and even thought the official line was that applications are taking a minimum of 15 days, there are ways you can get around them! :D
     
  18. Rosie23

    Rosie23 New Member

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    Uk fiance visa

    im a 21 year old student living in london. i ama british citizen. my girlfriend is australian and i got with her in January 2005 while we were working together in a store on Oxford Street. she was on a working visa for two years and on April 29th this year that visa ran out. she has returned to Australia but we still want to be together and have decided that we will get married. we talked it over a lot and this is what we want to do. we are really serious about each other. now that civil partnership is legal we know this available to us. she is going to apply for a fiance visa as soon as i send her all the required documents. my questions are simply,
    1. can i send photocopys of my passport and birth certificate?
    2. if i put a couple of grand into a seperate savings account and get the bank to print me a balance is this proof of savings?
    3. we will be staying in my parents house until we are married and she can work and we can move out into a flat. is this ok?
    4. will me being a student have a bad effect on things? do they still class me as being stable?
    5. other than passport, birth certificate, letter of explanation and saving statements, is there anything else i will need to send to her?

    Thanks for helping. This whole thing is becoming a nightmare. I love my girlfriend and just want her back with me.

    Thanks again,
    Rosie
     
  19. jilly

    jilly Member

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    Hi Rosie,
    I think it should be straightforward enough.

    1. You can send a copy of either your passport or birth certificate, but it needs to be a certified copy (I think your bank will be able to certify it for you for a charge - otherwise you coud send the original if you can).

    2. A couple of grand would probably do very nicely, but you need to provide statements for an account for the last 3 - 6 months, so you would need to explain why this was a new account.
    If you will be getting the money from someone else, ie your parents, that's OK too, but they need to provide evidence of their income (ie bank statements), and include a signed letter from them saying that they will support your fiancee financially.

    3. That's exactly what me and my fiance are doing. I got my parents to write a letter confirming that we had our own room in their house and that they were happy with this. It might be a good idea to include photos of the bedroom too. I also included clippings from the property section of the newspaper and highlighted the type of place we would get for ourselves once we moved out.

    4. I wouldn't worry about being a student. I was unemployed at the time of my application! the only worry would be that because you aren't employed you can't support your fiancee. But if you show enough evidence of savings this shouldn't matter. Even though fiances can't work until they've married you, it's a good idea to cut out job ads which demonstrate the kind of work your fiancee will take on once she's able to, just to show that she's keen to work.

    5. I sent a whole load of stuff the my fiance when he was preparing the application. You can't send too much really. Letters, phone bills showing that you've been in contact, e-mails, photographs etc. Anything to prove your relationship is for real. I found it useful to think of the application in 3 categories:

    a) proving the relationship is genuine
    b) proving you can support your fiance financially
    c) proving you have somewhere decent to live

    I sent so much stuff, it cost a fortune in postage, and I'm pretty sure they didn't look at most of it, but I think that providing them with a whole weath of stuff shows that you've got nothing to hide.

    When my fiance sent off the application, they phoned him and asked him to send a letter stating that he understood that he couldn't work before the marriage, so it would be worth your fiancee including a statement to this effect in her covering letter.

    Good luck with your application and I'd be more than happy to help you out if you have any more questions.
    x
     
  20. Rosie23

    Rosie23 New Member

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    hey jilly thanks for your help. we are going to try everything we can and just hope that it goes through ok. i just hope it doesnt take so long you know? thanks
     
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