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I am a UK citizen living in Northern Ireland. I met my Australian partner in February 2009. We have been living together in Belfast since October 2009.

Initially she arrived on a UK Tier 5 visa, but when this expired in October 2011 we applied and successfully switched her onto an "unmarried partner visa".

Her current visa expires first week of October 2013.

I have applied for my visa for Australia and I am just awaiting a yes/no answer as we would like to continue our life together there.

We both would like her to have permanent residency for the UK if we ever decide to move back to Northern Ireland. By October 2013 she will have been here four years so we might as well apply for it as she has done her time here.

What type of visa should we be applying for? Any idea of costs?

If anyone can point me in the right direction it will be greatly appreciated. Thanks.

She will have to apply for ILR on form SET(M). Visa fees are currently £991 for a postal application (which could take up to 6 months to process) or £1051 for an application submitted in person at one of the PEOs...where the visa should be issued on the day if all documents are in order.
However, if she remains outside of the UK for more than 2 years she will lose her ILR status and will have to start from scratch. If you were married she could apply for British Citizenship immediately after being granted ILR as she will have completed 3 years legal residency and would be a spouse of a British Citizen.
That's assuming she meets all the standard requirements for BC.

Casa wrote:She will have to apply for ILR on form SET(M). Visa fees are currently £991 for a postal application (which could take up to 6 months to process) or £1051 for an application submitted in person at one of the PEOs...where the visa should be issued on the day if all documents are in order.
However, if she remains outside of the UK for more than 2 years she will lose her ILR status and will have to start from scratch. If you were married she could apply for British Citizenship immediately after being granted ILR as she will have completed 3 years legal residency and would be a spouse of a British Citizen.
That's assuming she meets all the standard requirements for BC.

We are planning on getting married next year in Australia. If we do apply for ILR and are successful, is there a length of time that she will have to be in the UK for the ILR to stay valid?
She has already spent four years in the UK, can she not apply for citizenship once we marry? Thanks.

N

neilbittles wrote:

Casa wrote:She will have to apply for ILR on form SET(M). Visa fees are currently £991 for a postal application (which could take up to 6 months to process) or £1051 for an application submitted in person at one of the PEOs...where the visa should be issued on the day if all documents are in order.
However, if she remains outside of the UK for more than 2 years she will lose her ILR status and will have to start from scratch. If you were married she could apply for British Citizenship immediately after being granted ILR as she will have completed 3 years legal residency and would be a spouse of a British Citizen.
That's assuming she meets all the standard requirements for BC.

We are planning on getting married next year in Australia. If we do apply for ILR and are successful, is there a length of time that she will have to be in the UK for the ILR to stay valid?
She has already spent four years in the UK, can she not apply for citizenship once we marry? Thanks.

N

See Returning Residents and also the requirements for naturalisation if the spouse/civil partner of a British Citizen

The '3 year legal residency rule' doesn't apply to Unmarried Partnerships.
In order to retain her ILR, your partner would have to show documented proof of residency in the UK before she reaches 2 years absence. Brief visits wouldn't qualify.
Amber's links will explain all.