an aussie and a pom were in a bar. looking for a spouse visa

Hi guys. I am an aussie who has just wed a UK citizen here in the uk. we have been together for 7yrs and been here for 2 years. The home office granted us permission to wed here.(great party) I have been on visitor visas and have dutifuly bounced in and out to keep inside the rules.(never overstayed.)
I was given 3 months from the date of the party to get out and apply for a spouse visa. I am told i have to go back to sunny OZ to apply. Naturaly the expense is a pain and the missus is worried that i wont be allowed back in.( i am halfway through the reno on the flat) she makes 24k a year and we have bought a flat in scotland which we live in. she is contracted for 6 months(second contract) to a gov department.
My question is. is there a way we can do it from here. We were told we couldnt wed here but managed that so we are hoping there is a way to change my visa status without me going all the way to oz. maybe going into the aussie embassy?
many thanks. cheers steve

neritan wrote:Hi guys. I am an aussie who has just wed a UK citizen here in the uk. we have been together for 7yrs and been here for 2 years. The home office granted us permission to wed here.(great party) I have been on visitor visas and have dutifuly bounced in and out to keep inside the rules.(never overstayed.)
I was given 3 months from the date of the party to get out and apply for a spouse visa. I am told i have to go back to sunny OZ to apply. Naturaly the expense is a pain and the missus is worried that i wont be allowed back in.( i am halfway through the reno on the flat) she makes 24k a year and we have bought a flat in scotland which we live in. she is contracted for 6 months(second contract) to a gov department.
My question is. is there a way we can do it from here. We were told we couldnt wed here but managed that so we are hoping there is a way to change my visa status without me going all the way to oz. maybe going into the aussie embassy?
many thanks. cheers steve

No mate, only in exceptional circumstances can you switch in-country from a VV.

Hi. thanks for that reply(even though its not what i wanted to hear). how about if i go sit in the sun somewhere in europe? or even turkey? I could drink some fosters and pretend i was in oz.
cheers steve

Unfortunately, you can only make the application from the consulate in the country you have residency...so, that means Australia.

Victoria

Hi victoria. thanks for the advice. I guess that i just have to go sit in the sun for a month(i heard it takes 2 weeks but am i better off booking for a month?). what are the chances of it being refused? bearing in mind the home office let us marry in the uk. my wife has a job and we own a house./ is her wage of 24k enough? cheers steve

If £24k is clearly enough to support you both, then there is no reason at all it should be refused.

Enjoy the sun!

Victoria

Thanks victoria and co. i must admit the thought of a bit of sun away from the draich scottish winter wont be a hardship. Ill ring ahead and get em to throw another slab in the esky and a prawn on the barbi. cheers steve
((edited bit)))
just a thought. we were told that its impossible to get married in the UK. but there is an amnesty on(i think its still on) so it is possible with the appropriate hoop jumping. If anyone needs more info (though I am certain that Victoria an co. have it covered)then dont hesitate to ask. cheers
(((another edit))
If/when i get the rubber stamp to enter. Will we have any problems with working in the EU? i assume i will get a 2 year visa rather than ILR but whats the scenario with say...spain. can i work? thanks again

They changed the rules on COA, after the courts ruled it unlawful, so now anyone in a genuine relationship can get one...though if you are an overstayer it can take months and months.

I am afraid that the UK visa won't allow you to work throughout the EU. If you want to work in Spain, you'd still need a Spanish work permit.

Victoria

VictoriaS wrote:Unfortunately, you can only make the application from the consulate in the country you have residency...so, that means Australia.

Victoria

Hi

Sorry to but in....

But is this the case? I didn't realise. It really has to be the country in which you're resident...... Bugger......

Why can't people go to any consulate? I've not seen this rule, could someone direct me?

Cheers

See also 8.1 - To which Post should an applicant apply

vinny wrote:See also 8.1 - To which Post should an applicant apply

Thanks. This is a really good link.

Hi guys, The way I read it is that it has to be the country I am living in that i apply in. That does not neccesarily mean my place of birth does it? My nationality may be aussie but I have living in different places. In extreme i could well have been out of aussie for 20yrs as far as that goes. would i still have to then fly to oz? I realise i shouldnt apply logic to government but that seems dumb even for a poli.

so i just need to have residency in a closer country..
cheers steve

neritan wrote:Hi guys, The way I read it is that it has to be the country I am living in that i apply in. That does not neccesarily mean my place of birth does it? My nationality may be aussie but I have living in different places. In extreme i could well have been out of aussie for 20yrs as far as that goes. would i still have to then fly to oz? I realise i shouldnt apply logic to government but that seems dumb even for a poli.

so i just need to have residency in a closer country..
cheers steve

Yes but you need to have proof of a residency status to apply outside the country of your nationality

neritan wrote:so i just need to have residency in a closer country..
cheers steve

That's right, but a visit visa or waivered visit visa doesn't give residency, so you can't apply unless you can get another type of visa that conveys residency, like student, work permit etc in that country...

Wanderer wrote:

neritan wrote:so i just need to have residency in a closer country..
cheers steve

That's right, but a visit visa or waivered visit visa doesn't give residency, so you can't apply unless you can get another type of visa that conveys residency, like student, work permit etc in that country...

Ok. So a work permit conveys residency, and you then apply for a UK visa such as settlement from the local consulate in the country in which you have a work permit?

Does this hold true even for complicated cases? I presume the consulate would send for previous documents from an embassy where previous appications had been made.

neritan wrote:Hi victoria. thanks for the advice. I guess that i just have to go sit in the sun for a month(i heard it takes 2 weeks but am i better off booking for a month?). what are the chances of it being refused? bearing in mind the home office let us marry in the uk. my wife has a job and we own a house./ is her wage of 24k enough? cheers steve

If you fly to Canberra you should get your Spouse Visa in a day or two. If not they can post it to the address you are staying at. My Wife got hers in 8 and she overstayed, so you will have no problem.

If you are trying to do it as quick as possible, book direct with say Quantas then any changes are cheap, arrange to be in Canberra for a few days. Should have it sorted, then change your flight once to bring it forward.

Be aware that the date you put on the form is the date the visa will start, so if you put your return date in 2 weeks time you cannot come back any sooner.

frances2 wrote:

Wanderer wrote:

neritan wrote:so i just need to have residency in a closer country..
cheers steve

That's right, but a visit visa or waivered visit visa doesn't give residency, so you can't apply unless you can get another type of visa that conveys residency, like student, work permit etc in that country...

Ok. So a work permit conveys residency, and you then apply for a UK visa such as settlement from the local consulate in the country in which you have a work permit?

Does this hold true even for complicated cases? I presume the consulate would send for previous documents from an embassy where previous appications had been made.

Yes, a WP in a close to UK country but that's not easy to obtain. Prolly easier to get a WP from UK in fact.

Jon_H wrote:

neritan wrote:Hi victoria. thanks for the advice. I guess that i just have to go sit in the sun for a month(i heard it takes 2 weeks but am i better off booking for a month?). what are the chances of it being refused? bearing in mind the home office let us marry in the uk. my wife has a job and we own a house./ is her wage of 24k enough? cheers steve

If you fly to Canberra you should get your Spouse Visa in a day or two. If not they can post it to the address you are staying at. My Wife got hers in 8 and she overstayed, so you will have no problem.

If you are trying to do it as quick as possible, book direct with say Quantas then any changes are cheap, arrange to be in Canberra for a few days. Should have it sorted, then change your flight once to bring it forward.

Be aware that the date you put on the form is the date the visa will start, so if you put your return date in 2 weeks time you cannot come back any sooner.

Hi guys. Do I actually have to go to canberra? its such a soulless place, full of politicians. Thought I was to do it by post from brisbane. Its prob 1500k's drive down if thats not the case. Not a big drive but I wont have wheels. cheers

Yes. You can fill in the on line form before you go and then send everything by post.

Victoria

Hi again victoria. My leaving date nears and i have been busy putting together a group to do some filming for me. I am filming a doco when I get back. I hope to sell it but indie films are difficult to sell. My question is, do I tell mr gov bod when i apply for the spouse visa? or just say that i will find other work? the doco will be ready to film when i get back but prob only weekends so i can work. it could lead to a lot more work. I wont be paid to film it but i can prob sell it. cheers steve

Wanderer wrote:

frances2 wrote:

Wanderer wrote:

neritan wrote:so i just need to have residency in a closer country..
cheers steve

That's right, but a visit visa or waivered visit visa doesn't give residency, so you can't apply unless you can get another type of visa that conveys residency, like student, work permit etc in that country...

Ok. So a work permit conveys residency, and you then apply for a UK visa such as settlement from the local consulate in the country in which you have a work permit?

Does this hold true even for complicated cases? I presume the consulate would send for previous documents from an embassy where previous appications had been made.

Yes, a WP in a close to UK country but that's not easy to obtain. Prolly easier to get a WP from UK in fact.

Sorry mate. looks like I need to tax your thread a little. I may be applying for a COA then getting married in the UK soon. I have a WP, does this mean I would be able to apply for a spouse visa within the UK?

Yeah thats the gist of it as far as I know. though Vicki is the Guru to ask. I am off to oz tomorow to apply for the visa.

yep, that's right. As long as you marry and apply before the WP runs out, you can switch to spouse from within the UK.

Victoria

Jon_H wrote:

neritan wrote:Hi victoria. thanks for the advice. I guess that i just have to go sit in the sun for a month(i heard it takes 2 weeks but am i better off booking for a month?). what are the chances of it being refused? bearing in mind the home office let us marry in the uk. my wife has a job and we own a house./ is her wage of 24k enough? cheers steve

If you fly to Canberra you should get your Spouse Visa in a day or two. If not they can post it to the address you are staying at. My Wife got hers in 8 and she overstayed, so you will have no problem.

If you are trying to do it as quick as possible, book direct with say Quantas then any changes are cheap, arrange to be in Canberra for a few days. Should have it sorted, then change your flight once to bring it forward.

Be aware that the date you put on the form is the date the visa will start, so if you put your return date in 2 weeks time you cannot come back any sooner.

Hi John0h. well, seems that the 2 days isnt possible. the web site says they will try to complete the application within 12 weeks. Try.
the 10-15 working days has come and gone but as my visa attempt is for a settlment visa i may be stuck here for a further 2 months. wish i had known about that before. My wife is understandably cranky about it.

Hi guys. Do I actually have to go to canberra? its such a soulless place, full of politicians. Thought I was to do it by post from brisbane. Its prob 1500k's drive down if thats not the case. Not a big drive but I wont have wheels. cheers

You clearly haven't been to Canberra in a while.
I can confirm the Visa can be had in 48 hours if you prepare and lodge your application with all the correct info/documentation in person (that's how long it took us).

Why would you drive? Qantas can have you in and out in the same day for a 100pounds.. the consulate is at the Airport, you can walk it in 10mins from the arrivals hall.