Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 7 of 7 Posts

·
Registered
Joined
·
61 Posts
Discussion Starter · #1 ·
Hi again everyone,

I posted a thread a while back seeking some visa advice (he's Scottish living in Scotland, I'm Australian living in Australia, we just got engaged and are now looking at our visa options - we don't qualify as defacto). I've since done loads more research and talked with a migration lawyer and these seem to be our options (we are still deciding which place we will make home for the next little while - UK or Australia). Can one of the wonderful experts confirm if I have this correct, and if there is anything else I need to consider?


OPTION 1 - we get married in the UK and live in the UK
  • I apply UK fiance visa (£1,464/$2478) while in Australia and wait ~12 weeks for approval. He needs to be earning at least £18,600.
  • I travel to the UK and we have ~6 months to get married (need to give 28 days notice). I cannot work in this time.
  • Can do just registry marriage (costs around £150) if we want and have a celebration later.
  • Once married, I apply for spouse visa FLR(M) (Further Leave to Remain) (£993/$1681 from within UK).
  • I wait ~8 weeks for approval and I cannot work in this time.
  • Once granted, I can work and can then stay for 2 years and 6 months, at which point I renew for another 2 years and 6 months
  • I pay £200/$338 every year to access NHS, so £200 x 2.5 = £500/$846.
  • After 5 years' continuous residence in the UK, I can apply for Indefinite Leave to Remain (ILR). As the spouse of a British citizen, I can apply for citizenship as soon as I have ILR and have passed the Life in the UK test. Cannot be absent for more than three months in every year.


OPTION 2 - we get married in Australia and live in Australia
  • He applies for Australian Prospective Marriage Visa (£4134/$7000)
  • He waits in the UK between 3-5 months for approval.
  • He moves to Australia and can work immediately on the PMV.
  • We have ~9 months to get married.
  • He can then apply for the 820 temporary partner visa (£676/$1145) - can take anywhere from a few days to a few months. On the 820, he can work and access Medicare.
  • After two years, you can apply for a permanent partner visa.
  • You need to be on partner visas for four years before you can then apply for citizenship.


OPTION 3 - we get married in the UK and live in Australia
  • Get married in Scotland on a marriage visitor visa (£87)
  • He applies for a 309 visa while I go back to Australia.
  • When 309 visa is approved, he moves to Australia.


OPTION 4 - we get married in Australia and live in the UK
  • He comes to Australia on tourist visa in August. Visa musty not have “no further stay” conditions. He can't work on this visa, but can stay up to 12 months, at three month intervals (must leave Australia every three months, even just to go to NZ)
  • We get married (We have to give 28 days notice/he doesn't need to be present to give notice).
  • He goes back to UK.
  • I apply for the spouse visa and wait ~12 weeks for approval, then move to the UK.
  • I can work as soon as I arrive on the spouse visa.


***I think what we are looking for is an option to get married officially (registry or very small celebration style) in one place and then move to the other place where we'd have a bigger celebration in 12 months or so.

***I am also potentially trying to find a way for us to both be able to live and work in Australia for a year (I'd like one more year with family/elderly relatives), then move to Scotland. However, the only way to really do that is for him to get the PMV and come to Australia and work, we get married within nine months and then we move back to the UK. But at £4134/$7000 that seems a really expensive way of going about things. Quite obviously, both country's visa streams are aimed at marrying and then staying in that country - and I think I read Australia used to have it the other way around (PMV was the cheaper visa).

***Can anyone offer any more suggestions or things I might have overlooked? We're basing our decisions on the above, so it would be great to know if I have anything wrong at this point, or if someone thinks one option far outweighs the others...Particularly in light of the recent UK election/Brexit etc etc.

***Having a baby is on the horizon in the near future - so any comments on having a baby in the UK v Australia also very much appreciated.

***He's also concerned about being out of the UK for a while (for example, a year while we live in Australia) and then having to go back and meet the £18,600 requirement. Would he still need to do that if we were married, and had been living together in Australia a year? Does he have to be working at that salary for a certain amount of time? Is this a risky move?

***I'm also curious to know if the UK marriage visa + 309 is even a viable option, given I've read you need a fair bit of evidence for the 309. We'd be married, yes, but don't classify as defacto and wouldn't have any joint finances/bills etc together if I am just going to Scotland to get married and then come back and wait for him to get the 309.

Thank you, in advance, for all your help so far. This is such a wonderful resource! :)

Almost there!
 

·
Super Moderator
Joined
·
18,071 Posts
Hi again everyone,

I posted a thread a while back seeking some visa advice (he's Scottish living in Scotland, I'm Australian living in Australia, we just got engaged and are now looking at our visa options - we don't qualify as defacto). I've since done loads more research and talked with a migration lawyer and these seem to be our options (we are still deciding which place we will make home for the next little while - UK or Australia). Can one of the wonderful experts confirm if I have this correct, and if there is anything else I need to consider?


OPTION 1 - we get married in the UK and live in the UK
  • I apply UK fiance visa (£1,464/$2478) while in Australia and wait ~12 weeks for approval. He needs to be earning at least £18,600.
  • I travel to the UK and we have ~6 months to get married (need to give 28 days notice). I cannot work in this time.
  • Can do just registry marriage (costs around £150) if we want and have a celebration later.
  • Once married, I apply for spouse visa FLR(M) (Further Leave to Remain) (£993/$1681 from within UK).
  • I wait ~8 weeks for approval and I cannot work in this time.
  • Once granted, I can work and can then stay for 2 years and 6 months, at which point I renew for another 2 years and 6 months
  • I pay £200/$338 every year to access NHS, so £200 x 2.5 = £500/$846.
  • After 5 years' continuous residence in the UK, I can apply for Indefinite Leave to Remain (ILR). As the spouse of a British citizen, I can apply for citizenship as soon as I have ILR and have passed the Life in the UK test. Cannot be absent for more than three months in every year.
You don't pay the NHS surcharge every year. It's paid up front.

After 2.5 years you apply for FLR (M) which is good for another 2.5 years. After 5 years you apply for ILR. There are no restrictions on how much time you can be out of the UK whilst on a spouse visa/FLR(M).


OPTION 2 - we get married in Australia and live in Australia
  • He applies for Australian Prospective Marriage Visa (£4134/$7000)
  • He waits in the UK between 3-5 months for approval.
  • He moves to Australia and can work immediately on the PMV.
  • We have ~9 months to get married.
  • He can then apply for the 820 temporary partner visa (£676/$1145) - can take anywhere from a few days to a few months. On the 820, he can work and access Medicare.
  • After two years, you can apply for a permanent partner visa.
  • You need to be on partner visas for four years before you can then apply for citizenship.


OPTION 3 - we get married in the UK and live in Australia
  • Get married in Scotland on a marriage visitor visa (£87)
  • He applies for a 309 visa while I go back to Australia.
  • When 309 visa is approved, he moves to Australia.
Ask these questions on the Australian forum.


OPTION 4 - we get married in Australia and live in the UK
  • He comes to Australia on tourist visa in August. Visa musty not have “no further stay” conditions. He can't work on this visa, but can stay up to 12 months, at three month intervals (must leave Australia every three months, even just to go to NZ)
  • We get married (We have to give 28 days notice/he doesn't need to be present to give notice).
  • He goes back to UK.
  • I apply for the spouse visa and wait ~12 weeks for approval, then move to the UK.
  • I can work as soon as I arrive on the spouse visa.
Will he still be employed in the UK earning at least £18,600/year?

***I think what we are looking for is an option to get married officially (registry or very small celebration style) in one place and then move to the other place where we'd have a bigger celebration in 12 months or so.
ok

***I am also potentially trying to find a way for us to both be able to live and work in Australia for a year (I'd like one more year with family/elderly relatives), then move to Scotland. However, the only way to really do that is for him to get the PMV and come to Australia and work, we get married within nine months and then we move back to the UK. But at £4134/$7000 that seems a really expensive way of going about things. Quite obviously, both country's visa streams are aimed at marrying and then staying in that country - and I think I read Australia used to have it the other way around (PMV was the cheaper visa).
Ask on the Australia forum.

***Can anyone offer any more suggestions or things I might have overlooked? We're basing our decisions on the above, so it would be great to know if I have anything wrong at this point, or if someone thinks one option far outweighs the others...Particularly in light of the recent UK election/Brexit etc etc.
You have the 2 UK options. Ask on the Australia forum about the others.

The Tories have suggested that they will raise the cost of the NHS surcharge.

***Having a baby is on the horizon in the near future - so any comments on having a baby in the UK v Australia also very much appreciated.
A baby born in the UK to at least one UK parent is British otherwise than by descent.

***He's also concerned about being out of the UK for a while (for example, a year while we live in Australia) and then having to go back and meet the £18,600 requirement. Would he still need to do that if we were married, and had been living together in Australia a year? Does he have to be working at that salary for a certain amount of time? Is this a risky move?
If he won't be working in Australia then he would need to return to the UK, find a job earning at least £18,600/year and once he's been in that job for at least 6 months, then you can apply for a spouse visa.

***I'm also curious to know if the UK marriage visa + 309 is even a viable option, given I've read you need a fair bit of evidence for the 309. We'd be married, yes, but don't classify as defacto and wouldn't have any joint finances/bills etc together if I am just going to Scotland to get married and then come back and wait for him to get the 309.
Ask on the Australia forum.
 

·
Registered
Joined
·
61 Posts
Discussion Starter · #3 ·
You don't pay the NHS surcharge every year. It's paid up front.

After 2.5 years you apply for FLR (M) which is good for another 2.5 years. After 5 years you apply for ILR. There are no restrictions on how much time you can be out of the UK whilst on a spouse visa/FLR(M)....


Thanks for the answers nyclon.
 

·
Super Moderator
Joined
·
18,071 Posts
Thanks for the answers nyclon.
I will clarify that while there are no restrictions to how much time you can be out of the UK if it's excessive you may have to apply for an extra visa in order to meet the 5 year residency requirement for ILR. Also, there is a restriction on how much time you can be out of the UK to qualify for citizenship.
 

·
Registered
Joined
·
61 Posts
Discussion Starter · #5 ·
I will clarify that while there are no restrictions to how much time you can be out of the UK if it's excessive you may have to apply for an extra visa in order to meet the 5 year residency requirement for ILR. Also, there is a restriction on how much time you can be out of the UK to qualify for citizenship.
Great, thanks nyclon!
 

·
Registered
Joined
·
61 Posts
Discussion Starter · #6 ·
.

After 2.5 years you apply for FLR (M) which is good for another 2.5 years. After 5 years you apply for ILR. There are no restrictions on how much time you can be out of the UK whilst on a spouse visa/FLR(M).

One question nyclon - you have said after 2.5 years you apply for the FLR(M) - but I thought the FLR(M) was the spouse visa, that that gave you 2.5 years, then applied for again for another 2.5 years, at which point you can apply for ILR. Apologies if I have misunderstood.
 

·
Super Moderator
Joined
·
18,071 Posts
One question nyclon - you have said after 2.5 years you apply for the FLR(M) - but I thought the FLR(M) was the spouse visa, that that gave you 2.5 years, then applied for again for another 2.5 years, at which point you can apply for ILR. Apologies if I have misunderstood.
If you marry in the UK on a fiance visa after marriage you apply for FLR (M) which is good for 2.5 years. After 2.5 years you must apply for FLR (M) again (basically renewing your visa) which is good for another 2.5 years. After 5 years and passing the Life in the UK test you can apply for ILR.

If marry outside of the UK you apply for a spouse visa ( apply to join family) which is good for 33 months. After you have been in the UK for 2.5 years you apply for FLR (M) (again, basically a renewal) which is good for 2.5 years. After 5 years and passing the Life in the UK test you can apply for ILR.
 
1 - 7 of 7 Posts
Status
Not open for further replies.
Top