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Discussion Starter #1 (Edited)
Hi everyone,

Myself and my partner are currently in her home country of Australia, we are considering a few options for getting us both back into the uk…were struggling to clarify and have a couple of questions.. if anyone can offer any advice / guidance on any of them it would be very much appreciated.

1. applying for a fiancé visa whilst in Australia,

Q>Can do this at a UK embassy)? entering the uk as a fiancé and then marrying in the uk.. would be quite costly having to pay for both spouse and fiancé visas.


2. getting married in Australia and then applying for a spouse visa to the uk…

Q> can we do this??!! will a marriage in australia be acceptable to the uk immigration authority? I have read cases where people have been married in Australia and there have been issues with UK immigration granting a marriage visa……


3. Returning to the uk with my partner on a visitor visa for 6 months and then applying for an unmarried partner visa. ( after 6 months in the uk we would have 2 years of co-habitation however - 3 months of this would be living in astralia in her parents house)

Q>she had been living in the uk on a youth mobility visa for just less than 2 years up until last week and would return with me in august this year, would she be likely to be let back in for the full 6 months? and are the unmarried partner visas safe? I've heard most are refused
Q> would 3 months living together in australia with no bills or official documents in our name be classed as 'living in a relationship a kin to marriage'?



…..Were struggling to get clear answers about each of these options, any advice or guidance would be very much appreciated,

Thank you all very very much for any help you can offer!


(ps I am a british citizen, my partner is australian)
 

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Get married in Australia and then apply for a spouse visa. Simple and much cheaper than other options. Australian marriage certificate perfectly acceptable.

With no skeletons in the cupboard the process should take two to three months, once you have all the documentation.

There are financial requirements which the British citizen must comply with.

Read the following document carefully to see how you qualify:

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf
 

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You don't apply for a visa at an embassy, you apply online. The UK embassy doesn't really have anything to do with immigration.

The country in which your marriage takes place doesn't matter. If people you know were denied a spousal visa, it was because they didn't meet the requirements in some way; it wouldn't have anything to do with the country in which the marriage occurred.

The unmarried partner visa requires you to be living together for two years. Three months would not be nearly long enough to fulfil this.
 

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Discussion Starter #4
Thanks for your help so far guys, I just checked re the embassy on .gov.uk, and as you've said, it seems the UK consulates have nothing to do with visa issues. This was another incorrect piece of information given to us by our previous 'immigration lawyer'... sigh!

Just to clarify- If we return on the visitor visa and have 6 more months living together in the uk, it will add up to 2 years living together. Three months of this would have been living in australia, for which we wont have any joint bills etc.


Thanks again for any further suggestions on our options :)
 

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Living together on a tourist visa will not count towards the 2 year cohabitation required to prove you are unmarried partners. Your best option is to marry in Australia and apply for a spouse visa provided you meet the financial, accommodation and relationship requirements.
 

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Discussion Starter #6
Living together on a tourist visa will not count towards the 2 year cohabitation required to prove you are unmarried partners. Your best option is to marry in Australia and apply for a spouse visa provided you meet the financial, accommodation and relationship requirements.


Thanks @nyclon, can I ask, would the UK visa service accept an australian marriage certificate or would we need to get an Australian authority to legalise it (?apostille/authentication)


We have all our documents over here but Im worried about time, as we have to give a month notice and by that point we will be applying in June.. and my most recent pay slip from work will be dated 27th April. Would the missing May payslip be grounds for refusal? I might be able to get a may slip sent over from the UK but after that (from June-Aug) I will be on unpaid leave.


Thanks again for your advice, its much appreciated
 

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As long as your marriage is legally recognised in Australia, it's fine. There is no need for it to be authenticated by anyone.

You most recent pay slip, bank statement and the letter of employment can be no more than 28 days old at the time of online application. If you apply in June and your most recent pay slip in from April you are pretty much guaranteed refusal.
 

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Thanks @nyclon, can I ask, would the UK visa service accept an australian marriage certificate or would we need to get an Australian authority to legalise it (?apostille/authentication)


We have all our documents over here but Im worried about time, as we have to give a month notice and by that point we will be applying in June.. and my most recent pay slip from work will be dated 27th April. Would the missing May payslip be grounds for refusal? I might be able to get a may slip sent over from the UK but after that (from June-Aug) I will be on unpaid leave.


Thanks again for your advice, its much appreciated
What category are you applying under A or B? You mention giving notice - are you leaving your current job?
 

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Discussion Starter #9
Thanks for your replies Nyclon and Crawford...

You have raised an issue with which financial category to apply under.

I was planning on applying under category A.. but I am now a bit concerned as to whether this would work. I have not quit my job, but to go with my partner to Australia, I have taken a period of paid annual leave which runs until 22nd June and then a period of unpaid leave from 22nd June until 17th August, I will return to work with my current employer on the 18th August.


I currently have 6 months of payslips and bank statements here with me in australia, the most recent one dated 27th April 2015. We need to serve a month of notice to the actual marriage celebrant before we can get married in australia, meaning the earliest I can apply for our spouse visa will be over a month from now.

I should be able to get a payslip for May (dated 27th May) as I will receive holiday pay at my normal rate, however, after this I am on unpaid leave until i return to work in august. I will struggle to get a bank statement sent across for may though.

I have read all of the guidance notes on .gov and some previous posts on here. However, I am unsure as to whether I should/can apply for Part A or not now. I will most likely be on paid annual leave at the time of application and should be able to get the most recent payslip sent over. That is hoping we can get everything booked, ceremony etc. in time. If it runs later, I will be on unpaid leave and will not receive payslips.

I hope that make sense. Can anyone offer guidance as to the most sensible route to take with the financial option A or B?


Thank you again in advance..the help given on here is literally lifesaving.
 

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Discussion Starter #10
Thanks for your replies Nyclon and Crawford...

You have raised an issue with which financial category to apply under.

I was planning on applying under category A.. but I am now a bit concerned as to whether this would work. I have not quit my job, but to go with my partner to Australia, I have taken a period of paid annual leave which runs until 22nd June and then a period of unpaid leave from 22nd June until 17th August, I will return to work with my current employer on the 18th August.


I currently have 6 months of payslips and bank statements here with me in australia, the most recent one dated 27th April 2015. We need to serve a month of notice to the actual marriage celebrant before we can get married in australia, meaning the earliest I can apply for our spouse visa will be over a month from now.

I should be able to get a payslip for May (dated 27th May) as I will receive holiday pay at my normal rate, however, after this I am on unpaid leave until i return to work in august. I will struggle to get a bank statement sent across for may though.

I have read all of the guidance notes on .gov and some previous posts on here. However, I am unsure as to whether I should/can apply for Part A or not now. I will most likely be on paid annual leave at the time of application and should be able to get the most recent payslip sent over. That is hoping we can get everything booked, ceremony etc. in time. If it runs later, I will be on unpaid leave and will not receive payslips.

I hope that make sense. Can anyone offer guidance as to the most sensible route to take with the financial option A or B?


Thank you again in advance..the help given on here is literally lifesaving.
Ive noticed in other threads when people are on unpaid maternity leave they have been advised to submit the slips for the 6 month prior to their mat leave. My leave is not mat/paternity leave though. it is simply unpaid leave which has been granted to allow me to remain with my partner when she returned to australia
 

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Let's keep your story all in one thread.

Have you read through FM 1.7 which details the financial requirements?

To apply under Category A you have to have earned £1550 each month if you are in salaried employment for the the 6 months immediately preceding your online application and you must still be employed and earning that amount. They take the lowest pay slip and multiply by 12. Your most recent pay slip, bank statement and letter of employment at the time of application can be no more than 28 days old. These are all required documents. You should also include your P60 and contract.

Taking unpaid leave is not the same as being on maternity leave. If apply when you are unpaid leave you will be refused as your most recent pay slip will indicate that you are not earning the required amount.
 

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Discussion Starter #13
Understood, will keep it all in here. thanks for your response @nyclon, its much appreciated

I have read through the FM 1.7 and FM-SE, I read the required18,600 pre tax annual income/ 1550 p/month and I'm fortunate to have that level for the 6 months prior to my application, the last month will be all holiday pay but will still be the required amount. I can get the letter of employment, payslip and hopefully bank statement for may and submit before the end of june whilst they are still under 28 days old.

I will still be employed and earning the required amount at the time of my application and until June 22nd by which we are hoping to have used the priority service to get our response. However, after that I have this period of unpaid leave for just over a month before i return to work on my regular pay in august. Could this be an issue? Slightly worried now,

thank you again for your help
 

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I think the key thing along with the documents being no more than 28 days old at the time of online application is that you are still employed and still earning at least £18,600/year. If your employer is contacted will they confirm that? If so, I think it should be ok.
 

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Discussion Starter #15
Thanks again @nyclon for your reply,

Yes, my employer will be able to confirm i am still employed and even with the unpaid leave my annual income will be above the threshold.

I will just have to make sure we get all this done in the next month then to keep the documents under 28 days old. Is there any option at all if we cant get our ceremony and appointment at the visa centre all sorted before the 28 days passes? slightly tight deadline.

Thank you so much again
 

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Unfortunately, no. Documents can be no more than 28 days old at the time of online application not when you submit things at the VAC. So, you just have to submit the online application when the documents are still within the 28 day timeframe.
 

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Discussion Starter #17
I see, online submission, that makes a difference. So as long as we get the application done online whilst our documents are still under 28 days old, the VAC will accept them, even if they are over 28 days by the time we get to submitting the actual papers in person?

are there any hidden rules about how quickly post application online that you have to get yourself to the VAC?

Thank you genuinely again, sending you a virtual beverage
 

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It needs to be within a reasonable period. When you apply online you should be prompted with a list of available dates to submit your documents and biometrics. Also, don't forget you need to register on the IHS site for a reference number to prove that you are not liable for the NHS Surcharge.

https://www.gov.uk/healthcare-immigration-application/when-you-need-to-pay
 

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Discussion Starter #19
Thanks again, we had seen re the health surcharges and worked out that she wouldnt have to pay but haven't yet registered on the site etc.

Our plan now for marriage in the aus then a return to the uk, which were hoping might work is...

1. meet with marriage celebrant asap to complete notification to marry - birth certificates, passports, drivers license all ready

2. wait for the 1 month period required before the ceremony (though we will be discussing an option to shorten this which can be granted by certain persons in australia for certain very limited reasons eg. illness, legal procedures, travel plans, errors in processing made by the marriage celebrant).. I dont think we will qualify

3. hold the marriage ceremony just over one month later, with her family all present as witnesses, unfortunately with this being a bit of a last minute change of plan.. my family will only be present via skype.. :(

4. Obtain the marriage certificate and apply online straight away for the UK spouse visa, under financial category A. book in at a Visa centre in Australia and request priority, then hopefully be granted the spouse visa.

5. return home to the uk, happily ever after etc!


.... I just wanted to ask if there are any obvious holes in that plan? I am compiling a documents list to see if we have everything. hopefully we will as this has already been collected and brought to Australia for or original plan of a uk fiance visa

My main concerns:
1. is there a rule about how soon after the marriage ceremony that you can apply for the spouse visa?
2. will there be a legal issue with my family members not being present at the ceremony?
3. what on earth happens at the visa application centre? do you just hand in the documents and leave? or should we expect an interview?


Thank you all so much again for your advice..
 

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You can apply as soon as you have all the required documents. Obviously you'll need the marriage certificate either an original or certified as original by the issuing authority.

There is no requirement to have family at your wedding.

You turn in your documents and you have biometrics taken which is fingerprints and a photo.
 
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