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Discussion Starter · #1 ·
Hi, and thanks for reading -I'll be brief.

Background - Im a British Citizen, male 34 living in Oz, My Australian partner is female 35. Been together 2 years here, (registered our relationship as "Defacto" under Aus law 4 months ago). I want to take her back to the UK and give her the option of living and working (unrestricted) with me in the UK, we want to leave before the end of the year.

I'm currently employed and earn $60k, luckily this equates to over the 18,600 pounds per annum needed for the financial requirement section of getting her a partner visa But:

Is my Australian current income sufficient proof to grant my partner this visa?

I plan on leaving my Aus job as soon as her visa is granted, am I dreaming? Is this going to happen? Should we be saying I'm staying in Oz and earning to support her in the UK?

I can prove 6months + of payslips and income etc BUT will they want to see evidence of how I'll support her in the UK when we get there? I don't have any work lined up yet...

What would the hurdles be in her/our application?

Your help would be greatly appreciated.

Many thanks.
 

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Hi, and thanks for reading -I'll be brief.

Background - Im a British Citizen, male 34 living in Oz, My Australian partner is female 35. Been together 2 years here, (registered our relationship as "Defacto" under Aus law 4 months ago). I want to take her back to the UK and give her the option of living and working (unrestricted) with me in the UK, we want to leave before the end of the year.

I'm currently employed and earn $60k, luckily this equates to over the 18,600 pounds per annum needed for the financial requirement section of getting her a partner visa But:

Is my Australian current income sufficient proof to grant my partner this visa?
No. In addition to earning £18,600/year whilst abroad you must also have a job lined up in the UK making the same or more which starts within 3 months of your return. If you do, then providing you can meet the accommodation and relationship requirements, she can apply now. If you don't then your option is to return to the UK on your own, secure a job making £18,600/year or more and once you have been working for 6 months she can then apply to join you from Australia. Alternatively, if you have £62,500 that has been sitting in savings untouched for 6 months in a readily accessible account, she can apply now.

I plan on leaving my Aus job as soon as her visa is granted, am I dreaming? Is this going to happen? Should we be saying I'm staying in Oz and earning to support her in the UK?

I can prove 6months + of payslips and income etc BUT will they want to see evidence of how I'll support her in the UK when we get there? I don't have any work lined up yet...
See above. In addition to having work lined up you need to have accommodation arranged.

What would the hurdles be in her/our application?

Your help would be greatly appreciated.

Many thanks.
See above.

See attached for options for meeting the financial requirement:

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary
 

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Discussion Starter · #3 ·
Hi, thanks v much for clearing that up, bit of a blow I must be honest.
Can I clarify quickly though:

" In addition to earning £18,600/year whilst abroad you must also have a job lined up in the UK making the same or more which starts within 3 months of your return. If you do, then providing you can meet the accommodation and relationship requirements, she can apply now."
- Would the job I get lined up HAVE to equate to my current Australian Salary? or does it just have to be more that £18,600?
- If I manage this and pass the accommodation and relationship requirement (could you send a link please, the website is so unclear) she can apply, and come out sooner than than the 6 months?
- Does it make any difference at all if we get married, here, now tomorrow?
- What if I get a job and I get made redundant within a year? - would she have to go home?

Again, thanks so much for your time, so appreciated.
 

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Hi, thanks v much for clearing that up, bit of a blow I must be honest.
Can I clarify quickly though:

" In addition to earning £18,600/year whilst abroad you must also have a job lined up in the UK making the same or more which starts within 3 months of your return. If you do, then providing you can meet the accommodation and relationship requirements, she can apply now."
- Would the job I get lined up HAVE to equate to my current Australian Salary? or does it just have to be more that £18,600?
No. You just need to have a job lined up earning £18,600/ year or more.

- If I manage this and pass the accommodation and relationship requirement (could you send a link please, the website is so unclear) she can apply, and come out sooner than than the 6 months?
If you have a job lined up which starts within 3 month's of your return and you meet the other requirements.

Basically you need to have a place to stay lined up ahead of moving. Staying with family is ok. Supporting documents will vary depending on your situation.

You need to substantiate your relationship. As you've lived together this should be easy but again supporting documents will vary.

UK Border Agency | Applying from outside the UK

- Does it make any difference at all if we get married, here, now tomorrow?
Not really. The requirements are the same with the exception that as a spouse you don't have to have lived together.


- What if I get a job and I get made redundant within a year? - would she have to go home?
The initial visa is good for 2.5 years after which it needs to be renewed for another 2.5 years and the same requirements apply.

Once your partner is in the UK on either an unmarried partner visa or a spouse visa she can work and her income can contribute to the financial requirement.
 

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Discussion Starter · #5 ·
Hi, thanks so much for your reply - I feel like Im finally making some headway - thanks to you!
Question about job offer in the UK - my current Australian company will supply a letter offering/outlining my new role that will be based in the UK. They are a small Australian company and I would be the only one employed by them in the the Uk (they have no office there nor are they registered with the Uk tax authorities etc, I would be paid into an Australian Bank account) - Would this be sufficient? or does the job offer have to be from a UK company?

Plus, wait for it...

We are getting married! "Yipee"!!!! - even though we've been together for 2 years, we haven't lived together the whole time, nor do we have consistent tenancy agreements or bills in our name (we have had a joint account for 2 years though).

Again, I thank you for your knowledge, If I could pay you I would! (can I?)
 

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That would be fine. Someone on the forum recently got approved for a similar job offer, by the same US employer he is working for at the moment, but this time working remotely from UK. The job offer letter must clearly state that you will be working remotely for them as their sole UK representative, or whatever the circumstance of your appointment.
Marriage will certainly make evidentiary requirement easier, but you still need to show your relationship is genuine, through devotion, love and commitment.
We all offer our services free, and are glad to be of use.
 

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Discussion Starter · #7 ·
Joppa & Nyclon - Thanks you so much, I think I've got this nailed but as ever I just have a few more Q's!:

We registered our relationship already back in June under Australian Law, with an official certificate etc (Called Defacto here I believe) - My question is - Would this be sufficient proof to the Uk authorities that we are in a committed relationship or is Marriage the only sure fire way? - Does the UK even recognise a NSW "Relationship certificate"? Is that certificate the same as her being my "spouse" in their eyes, and does it hold the same weight? Or would we then still have to prove 2 years of continuous tenancy agreements? bank stats, trips, photos, phone logs etc.

We are in a genuine, loving relationship, its just we both moved around so much, didn't have tenancy agreements where we were or joint bills (we have one current one though).

If it is getting married, we are both behind doing that, just wanted to see what you thought.

Again, my most sincere thanks.
:fingerscrossed:
 

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Joppa & Nyclon - Thanks you so much, I think I've got this nailed but as ever I just have a few more Q's!:

We registered our relationship already back in June under Australian Law, with an official certificate etc (Called Defacto here I believe) - My question is - Would this be sufficient proof to the Uk authorities that we are in a committed relationship or is Marriage the only sure fire way? - Does the UK even recognise a NSW "Relationship certificate"? Is that certificate the same as her being my "spouse" in their eyes, and does it hold the same weight? Or would we then still have to prove 2 years of continuous tenancy agreements? bank stats, trips, photos, phone logs etc.

We are in a genuine, loving relationship, its just we both moved around so much, didn't have tenancy agreements where we were or joint bills (we have one current one though).

If it is getting married, we are both behind doing that, just wanted to see what you thought.
For opposite-sex couples, defacto relationship isn't regarded as the same as marriage, and you still have to show 2 years of cohabitation. Marriage will do away with requirement for prior cohabitation, so you only need to show that your relationship is genuine and not a scam.
 

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That would be fine. Someone on the forum recently got approved for a similar job offer, by the same US employer he is working for at the moment, but this time working remotely from UK. The job offer letter must clearly state that you will be working remotely for them as their sole UK representative, or whatever the circumstance of your appointment.
Marriage will certainly make evidentiary requirement easier, but you still need to show your relationship is genuine, through devotion, love and commitment.
We all offer our services free, and are glad to be of use.
This is very interesting, I came about this post and forum while investigating more or less the same problem.

Some background: I am British and currently live in the Dominican Republic with my husband and our three children, I have lived here for 9 years and we have created a successful business. We have been married for 18 months but lived together for 9 years and have three children together all of whom were born here but are british citizens.

However I as I am not a legal resident all the money goes to into the business account of which only my husband is a title holder.

We wanted to all relocate to the UK together but as my husband (the applicant) is the earner and not myself (the sponsor) any earnings were are not taken into consideration.

So on tuesday I am relocating alone with my three children, I will be working remotley for the company doing all the administration for the business in the Dominican Republic.

After reading this post I am unsure however if I can stay here for anoter 6 months making sure I show earnings into my persoal account from the business in excess of 18,600 per annum and then have a letter from the business stating once in the UK I will continue to work remotley for the business earning in excess of 18,600 per year.

or

If I am better returning alone and to be paid by the company (again with no office or tax registration in the uk and money paid into my dominican bank account) then after 6 months applying for my husband to join us. Also i presume this means i will be taxed twice as the dominican republic and uk do not have a double taxation agreement.

Any advice would be greatly received as time is of the essence, I dont want to move there onnly to find out in our situation I would have been better staying for another 6 months and all moving to the UK together. I cant find other employment in the Uk as I have two children under 2 years old.

Thank you

P.S Very good luck to the australina gentleman and his wife!!
 

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This is very interesting, I came about this post and forum while investigating more or less the same problem.

Some background: I am British and currently live in the Dominican Republic with my husband and our three children, I have lived here for 9 years and we have created a successful business. We have been married for 18 months but lived together for 9 years and have three children together all of whom were born here but are british citizens.

However I as I am not a legal resident all the money goes to into the business account of which only my husband is a title holder.

We wanted to all relocate to the UK together but as my husband (the applicant) is the earner and not myself (the sponsor) any earnings were are not taken into consideration.

So on tuesday I am relocating alone with my three children, I will be working remotley for the company doing all the administration for the business in the Dominican Republic.

After reading this post I am unsure however if I can stay here for anoter 6 months making sure I show earnings into my persoal account from the business in excess of 18,600 per annum and then have a letter from the business stating once in the UK I will continue to work remotley for the business earning in excess of 18,600 per year.

or

If I am better returning alone and to be paid by the company (again with no office or tax registration in the uk and money paid into my dominican bank account) then after 6 months applying for my husband to join us. Also i presume this means i will be taxed twice as the dominican republic and uk do not have a double taxation agreement.

Any advice would be greatly received as time is of the essence, I dont want to move there onnly to find out in our situation I would have been better staying for another 6 months and all moving to the UK together. I cant find other employment in the Uk as I have two children under 2 years old.

Thank you

P.S Very good luck to the australina gentleman and his wife!!
Alternativley Can my husband send me my "wages" as a maintenece payment as I still cant be taxed in the Dominican Republic. Is this considered an income? Do I pay taxes on Maintenence payments....Soooo confused.
 

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Alternativley Can my husband send me my "wages" as a maintenece payment as I still cant be taxed in the Dominican Republic. Is this considered an income? Do I pay taxes on Maintenence payments....Soooo confused.
What do you mean a maintenance payment? You get maintenance from a former spouse, not your current spouse. Him sending you money would not count and would not be considered maintenance.
 

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It was just a thought but yes from my current husband, but obviously wouldnt count.

Am so frustrated as my husband earns more then the 18,600 but we dont have 16,000 in savings.

I have been up and down and round and round and unsure how we can all live in the UK together.

At this point i feel our family will be seperated for good.
 

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It was just a thought but yes from my current husband, but obviously wouldnt count.

Am so frustrated as my husband earns more then the 18,600 but we dont have 16,000 in savings.

I have been up and down and round and round and unsure how we can all live in the UK together.

At this point i feel our family will be seperated for good.
You would need £62,500 in savings.
 

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Discussion Starter · #14 ·
Hi Nyclon & Joppa,

The story continues as ever! This time its about time frames.

Q. If myself (and my new wife) would like to be in the Uk from the start of June, would it be too early to apply now? My company will be very flexible and provide whatever paperwork I need, they are happy for me to start my job whenever I want it too.

Q. I know it takes up to 3months (applying from inside Australia) processing time then the UK job would have to start no more than 3 months after our entry into the UK - Giving me 6 months from now?
- Can we just apply now, get approved hopefully on my current income and relationship requirements, Can I then say our entry to the UK will be e.g in June with new job starting in July for example? or will this raise eyebrows..

Many thanks.
 

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Hi Nyclon & Joppa,

The story continues as ever! This time its about time frames.

Q. If myself (and my new wife) would like to be in the Uk from the start of June, would it be too early to apply now? My company will be very flexible and provide whatever paperwork I need, they are happy for me to start my job whenever I want it too.
Too early, as visa start date can only be delayed by up to 3 months. So if your intended travel date is June, you can't apply until March.

Q. I know it takes up to 3months (applying from inside Australia) processing time then the UK job would have to start no more than 3 months after our entry into the UK - Giving me 6 months from now?
- Can we just apply now, get approved hopefully on my current income and relationship requirements, Can I then say our entry to the UK will be e.g in June with new job starting in July for example? or will this raise eyebrows.
You can't. So the earliest you can apply is three months before your intended travel date, and your job can start up to 3 months after that. I think you are getting things confused.
 

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Discussion Starter · #17 ·
Hi, and thanks so much for your help here. Can I pick your brain on the below please?

1. What sort of conditions will be put on my partner when she is granted a partner visa? – Will she/we be able come and go freely in and out of the UK on holiday and extended trips? Is there a certain amount of time she would have to spend in the Uk during that 4 year period to maintain this visa and qualify for PR? I understand that after 2 years they do an income assessment on us – What if we are living back in Australia? Will we still be eligible and is it ok to provide proof of income from my Australian job at that time?

2. Basically we want to come and go between Australia and the UK freely for the next few years with no eyebrows raised at the border – what do we have to be mindful of?

3. What if my new job in the UK falls through 2 weeks before my start date? Will it be fine because my partners visa has already been approved?
Will immigration be contacting me for any proof that I’ve started my new job or will the next time we hear from them be in 2 years time to do an income assessment on us?

I'm super close and as ever am so grateful to have found you guys!
Wishing Trapezelady the best also.
 

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Discussion Starter · #19 ·
Hi,

A partner/spouce visa with unrestricted work rights. (A partner of a British citizen) with a view to obtaining citizenship down the line.

Thank you.
 

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Discussion Starter · #20 ·
Hi Nyclon,

Would you have any idea about the questions above? I'm so grateful of yours (and anyone elses) advice on this, really appreciate it.

Massive thanks.
 
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