Urgent advice required!!

[SamEwens]

Hi all,

I will lay the background out shortly but I am having a reasonably big panic now, after phoning immigration (and spending a fortune on it), as I believe I have completely misinterpreted the online literature. My predicament is this:

I am a UK citizen, and have just returned from nearly 2 years in Australia today. My fiancé is Australian and is joining me next week over here. We are getting married on 19th December this year in the UK. We will have been living together for 2 years on the 26th September 2015.

I am stressing out as to what visa she should enter the country on, what the best visa is to get once she is here, where she needs to be to apply for it etc etc etc..

My understanding is that she can come in on a visitor visa next week. However she would be unable to apply to stay in the UK on the 26th September (when our 2 years living together comes up) if she is on a visitor visa.

Can anyone think of a way she will be able to remain in the UK for the foreseeable future without having to return to Australia for any application?

Please please help me. Happy to provide further information!

Thanks

Sam

[Casa]

The safest route would be to apply for a fiance visa which will give 6 months from the issue date to marry and then apply for a 2.5 year spouse visa extension -FLR(M) after the wedding.
However, as the sponsor you will have to show that you have been earning the equivalent of £18.600 for the last 6 months in Australia and now have a confirmed job offer in the UK which you will be starting within 3 months of your arrival here, again with a salary of £18,600 pa. Otherwise there will be a six month wait before you will qualify to sponsor your fiance under the financial conditions until you have been employed for at least 6 months in the UK meeting the minimum income level. That's unless you have £62,000 in savings, held in an accessible account for 6 months.
The fiance visa application info can be found here:
https://www.gov.uk/join-family-in-uk/overview

Your fiancee will be unable to switch from a visitor visa to any other visa category from within the UK.

[SamEwens]

Thanks very much for the response. I actually have a job due to start 1st September, and that salary is fine to cover the both of us.

Do you know, if she applies for a fiancé visa in Australia, can she then travel to the UK on a visitor visa and await the application result in the UK?

Sam

[Casa]

She wouldn't be able to travel while the fiancee visa application is being considered as she won't have possession of her passport. Crucially, can you submit evidence of the equivalent of £18,600 pa earnings in Australia in the 6 months previous to your arrival in the UK?

[SamEwens]

Hi Casa, yes I can, through bank statements. I think we will just have to go down a premium service route to get the fiancé visa processed as quickly as possible.

Thanks for your assistance.

Sam

[Casa]

I would advise you to also submit pay slips as supporting evidence for your employment in Oz. Bank statements alone may not be sufficient.

[SamEwens]

Thanks. Really appreciate the help.

Another question - although I'm pretty sure I know the answer - would she have to do the application in Australia (i.e. her home country)? Or is it something that can be done in another country as long as it isn't the UK?

Thanks

[physicskate]

Thanks. Really appreciate the help.

Another question - although I'm pretty sure I know the answer - would she have to do the application in Australia (i.e. her home country)? Or is it something that can be done in another country as long as it isn't the UK?

Thanks

Any country where she has legal residence (ie is not a visitor).