Marriage Visa

[chameleon_95]

Ok here is the story...

My partner has Permanent Residence in the UK.

We were married in Hong Kong on October 25, 05.

I have entered the UK on a 6 month Tourist Visa.

I hold an Australian Passport.

Is there any way I can change my Visa status to Marriage Visa in UK without returning to Australia.

[Smit]

The short answer to your question is no. You are required to apply for entry clearance as a spouse of ILR holder at the relevant British Mission in Oz.

[chameleon_95]

OK...

Question 2....

What is the risk if I send my passport by courier to Australia and have a family member send my passport and application locally by Australia Post to British High Commission in Canberra as a postal application.

Do they carry out any checks with Australian Immigration to make sure I am in the country?

What would the penalty be if they find I am in Britian and my passport is in Australia?

For the initial 2 year marriage visa do they ask you to attend an interview?

..

[bbdivo]

Biggest problem of that is what proof will you have that you entered the country using the marriage visa, currently the immigration computer systems will have you entering on a visitors visa. If you were to subsequently apply for ILR there would be no proof in your passport that you entered on a particular day using your marriage visa. And in fact if you didnt get the marriage visa it would (more than likely) eventually expire.

Not a risk worth taking IMHO.

[John]

As inconvenient as it will be, you really do need to make your application for a spouse visa outside the UK. The UK Government got totally fed up with the numbers switching from visitors visas into spouse visas in the UK and so, from 01.04.03, totally stopped the possibility (except in very exceptional circumstances).

You were living in Hong Kong? If so it was a great shame that following the marriage on the 25th you did not apply for and get a spouse visa before making your journey to the UK. If you were living in Hong Kong and can resume your residence there, your spouse visa application could be made in Hong Kong rather than Australia. Still a long journey but I think not quite so far.

Didn't either you or your husband check this out before coming to the UK?