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Colombian partner to get a spouse or student visa. Thoughts?

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Holaa1
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Joined: Sun Feb 12, 2017 8:11 pm

Colombian partner to get a spouse or student visa. Thoughts?

Post by Holaa1 » Sun Feb 12, 2017 11:05 pm

Hi there

Long-time reader, first time poster.

I am looking for some advice on getting a visa for my partner.

I am a dual British and Australia citizen currently residing and working in the UK. My partner is a Colombian national studying in Australia on a student visa, he is in year two of a three year degree.

I have known my partner since the 2013. We entered into a "relationship" during December 2015 while I was in Colombia with him and his family for Christmas. He returned to Australia in January 2016 where he lived with me before I relocated to the UK in march for work on the understanding I would return after a year. During this time I have travelled back to Australia and his has travelled to the UK twice (on a tourist visa) to see each other.

During my visit to Australia in August we registered our relationship, this is the best we could do as same sex marriage is not permitted in Australia. This was done to formalize our relationship in case we needed flexibility in the future.

Due to a change in my circumstance we would like to see about having my partner join me in the UK at the end of this year rather than me returning to Australia in Q2. This would mean getting a visa for my partner and finishing his final year of university here in the UK. This change of circumstance has come about by way of my employer not wanting me to return, so much so that they're tabling ideas of them paying me for my partners university fees.

I think there are three options and I would like to understand what's the best route.

1. A student visa. I transfer whatever the fees are in GBP to our joint Australia account and he applies for the university showing those funds as proof of affordability, if accepted by the university then apply for a student visa. My concern with this is that given he is in his last year his visa would only be for one year, is that enough time together in the UK to permit the student visa to be converted to a spouse visa? Luckily here in the UK it is possible to marry so would that be an option? Also I understand that this would only allow 10 hours of work per week which is a little bit of a shame

2. A spouse visa (preferred option). We never shared a home for a year in Australia, Colombia or otherwise. We do however share finances, have met each other's families, and have a genuine register relationship. I worry that not sharing a house together would rule this out? Although I have read a lot of stories whereby evidence by way of photos and conversations are enough and a relationship certificate from a similar country are accepted. My income exceeds £19,000p.a which I believe means I can support him.

3. Return to Australia.

I hope someone on the board can offer up their advice on this matter before I engage an immigration agency/lawyer.

Many thanks :?
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