Advice on partner visas

jo-ann1984 · #1 (**permalink**) 13th June 2012, 12:01 PM

Hi everyone!

Myself (uk resident) and my husband (Australian citizen) have been living in australia for 3 years. Currently applying for a partner visa for myself in Australia, it's pending at present so I am currently on a bridging visa. We are hoping to come to the uk late next year, and have been looking at visa options.

My husband is under 30 years old and we have a daughter together. My understanding is you can't have any dependents if applying for a working holiday visa for the uk. If I claim our daughter as my dependent for visa purposes would this allow my husband to apply for a working holiday visa, rather than a spouse visa?

This would be dramatically cheaper and a much faster process for us. We only want to visit the uk for 1-2 years and then return to Australia permanently, so is the working holiday visa an option?

Thanks all for any advice!

Jo-Ann

_shel · #2 (**permalink**) 13th June 2012, 12:35 PM

Is your daughter British? Where was she & you born?

Joppa · #3 (**permalink**) 13th June 2012, 04:03 PM

Quote:

Originally Posted by jo-ann1984

Hi everyone!

Myself (uk resident) and my husband (Australian citizen) have been living in australia for 3 years. Currently applying for a partner visa for myself in Australia, it's pending at present so I am currently on a bridging visa. We are hoping to come to the uk late next year, and have been looking at visa options.

My husband is under 30 years old and we have a daughter together. My understanding is you can't have any dependents if applying for a working holiday visa for the uk. If I claim our daughter as my dependent for visa purposes would this allow my husband to apply for a working holiday visa, rather than a spouse visa?

This would be dramatically cheaper and a much faster process for us. We only want to visit the uk for 1-2 years and then return to Australia permanently, so is the working holiday visa an option?

Your husband can't get a Tier 5 Youth Mobility Scheme (YMS) visa if he has a dependant under 18 who is either living with him or is financially dependent on him. As your daughter is obviously living with you and your husband, he isn't eligible. Your daughter's nationality is immaterial.

Does he have a UK-born grandparent for an ancestry visa? The only other options are sponsored work visa under Tier 2 General or Tier 1 exceptionally talented or businessman/entrepreneur.

_shel · #4 (**permalink**) 13th June 2012, 05:05 PM

How odd, I was told by someone who got one it didn't matter if the kids were british, so they were connning the system then naughty!

But it would mean the op wouldn't have to get the child a visa if British if hubby can get one.

jo-ann1984 · #5 (**permalink**) 14th June 2012, 11:57 AM

I was born in the UK, as was my daughter. She is a dual citizen British/australian.

jo-ann1984 · #6 (**permalink**) 14th June 2012, 12:01 PM

My daughter was born in uk, but is now a dual national british/australian, so there are no issues with her getting over there. It is only my husband that needs a visa. I was thinking if I am able to take responsibility for our daughter he would be able to get a tier 5 working visa to cover him to work over there. Myself and my daughter would probably we returning a month or 2 earlier than my husband also. We won't be leaving/arriving together.

Will any of this make a difference?

jo-ann1984 · #7 (**permalink**) 14th June 2012, 12:04 PM

Yes exactly, we have no issues for myself or my daughter, only my hubby needs a visa and as I said we are only looking to come over for a year or so...not permanently. I don't even know if we'd be eligible for a partner visa, as I'm worried it would go on my income, when my husband is currently the sole money maker for our family! So confusing!