Australian partner working in UK

Hi folks, I am a British Citizen/passport holder, and a Permanent Resident of Australia. My partner is an Australian Citizen/passport holder. I am 36, she is 34.

We have been together as a couple for 18 months, living together for 3 months. We are not married.

Around 12 months from now I wish to return to the UK to work for 1-2 years, and I wish for my partner to join me, also to work and live. Can you tell me what options we have to achieve this?

I could phone the Consulate for $7.10 just to speak to someone but think I should ask here first, as I'll only forget a question and have to ring again!

Many thanks, Steve

stevenaive wrote:Hi folks, I am a British Citizen/passport holder, and a Permanent Resident of Australia. My partner is an Australian Citizen/passport holder. I am 36, she is 34.

We have been together as a couple for 18 months, living together for 3 months. We are not married.

Around 12 months from now I wish to return to the UK to work for 1-2 years, and I wish for my partner to join me, also to work and live. Can you tell me what options we have to achieve this?

I could phone the Consulate for $7.10 just to speak to someone but think I should ask here first, as I'll only forget a question and have to ring again!

Many thanks, Steve

Marriage, unless she qualifies for HSMP or can get a Work Permit.

Or student, if u can afford it.

U need to have had a provable 24 months of living together for a UPV, I think the word is de facto in Oz-speak, so you could wait for that period.

stevenaive wrote:Hi folks, I am a British Citizen/passport holder, and a Permanent Resident of Australia. My partner is an Australian Citizen/passport holder. I am 36, she is 34.

We have been together as a couple for 18 months, living together for 3 months. We are not married.

Around 12 months from now I wish to return to the UK to work for 1-2 years, and I wish for my partner to join me, also to work and live. Can you tell me what options we have to achieve this?

Based on the relationship you have, you either need to get married or clock up 2 years together.

Or she needs to qualify for a visa on her own merits.

It would also be recommended to get your Australian citizenship before you think about leaving.

Hi Guys - wondering if you can help. I'm a UK citizen living with my Australian gf in London. She's got a two-year visa but can only work for one year of it, and it'll run out in a few months. She'd like to extend the working preiod on it. We've lived together for almost 3 years (in oz, germany and the UK), and would like to continue doing so! Does anyone know what our options are?
thanks!

Can you produce a documentary trail of evidence of your 3-year relationship? If so your best bet is for her to apply as an "unmarried partner". This is the relevant part of the Immigration Rules:

"295D. The requirements to be met by a person seeking leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to remain in the United Kingdom which was given in accordance with any of the provisions of these Rules; and

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(iii) the applicant is the unmarried or same-sex partner of a person who is present and settled in the United Kingdom; and

(iv) the applicant has not remained in breach of the immigration laws; and

(v) the parties are not involved in a consanguineous relationship with one another; and

(vi) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and

(vii) the parties' relationship pre-dates any decision to deport the applicant, recommend him for deportation, give him notice under Section 6(2) of the Immigration Act 1971, or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

(viii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(ix) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(x) the parties intend to live together permanently."

What visa does she have at the moment. Rules for switching to Unmarried Partner within the UK have recently been tightened.

thanks...rusty, we can do that I think. casa, it's a two-year working holiday visa which expires in June 2010. The problem is that only 12 months of it can be 'worked', and that is almost up (she's worked 9 already)- although she can stay longer, she wants to work until the end of the year

Then unfortunately, I believe you will be unable to switch from WHV to UPV. Regulations regarding switching to UPV from visas that have not
been extended (or extendable as with WHV) have recently been tightend and applications are being refused. ECO's have received instructions regarding this, although at PEO's there have been cases where the fee has been taken, and then the application refused!

hmmm..thanks....great news! anyone know of anyone with first hand experience recently?

There have been refusals posted recently on another forum...but maybe someone will chip in with personal experience here.
The other option would be for her to return to her own country and apply for the UPV from there.