Irish Citizen bring non-EU partner to UK

[rpssoa]

Hi everyone

My partner and I currently live in Australia and we are planning to move to England mid-next year. We have a registered relationship in Australia.

He has Australian and Irish citizenship so we assume he would be covered by the CTA (Common Travel Area) agreement and would have no issue settling.
I only have Brazilian citizenship and as far I know I would have to apply for a family visa through him if I want to live in England.

I've got a few questions and would love if I could get some help!

1 - Am I able to apply for a family visa through him while we are still living in Australia? Or can this only be done when he starts living in the UK?

2 - If this visa can only be applied when he moves to the UK, is it a better option to get a visit visa and switch visas over there?

3 - Regarding fees, do I have to pay for the family visa fee (£1,523) + Healthcare Surcharge? Is there any other fee I'm missing out?

I’d appreciate any and all help!

Thanks!

[secret.simon]

1 - Am I able to apply for a family visa through him while we are still living in Australia? Or can this only be done when he starts living in the UK?

If he was not resident in the UK before 31st December 2020, and you are applying from Australia, he will need to be earning at least £18,600 in the year preceding the application AND have a confirmed job offer paying that amount or higher in the UK.

Alternatively, he'd have to move to the UK without you and earn at least that amount over at least six months before making that application.

2 - If this visa can only be applied when he moves to the UK, is it a better option to get a visit visa and switch visas over there?

You can't switch from a visit visa to any other form of visa. You would need to leave the UK and then apply for a spousal/civil partnership visa from a country that you have a right to reside in.

[rpssoa]

Thanks for the reply!

Here in Australia he currently earns $120k AUD which would be around £64k and he plans to get a job before we move over - so that would be fine.

I'm still a bit confused on whether I have to pay the Healthcare Surcharge or not. Do you know anything about it?

Thanks a lot!

[secret.simon]

I'm still a bit confused on whether I have to pay the Healthcare Surcharge or not. Do you know anything about it?

Yes, you do.

You would not have needed to if your dual Irish partner resided in the UK before 31st December 2020 (while the UK was still part of the EU).

Your dual Irish partner needs to meet the same requirements for a spousal/civil partnership visa as would a British citizen in the same position.

[rpssoa]

I'm still a bit confused on whether I have to pay the Healthcare Surcharge or not. Do you know anything about it?

Yes, you do.

You would not have needed to if your dual Irish partner resided in the UK before 31st December 2020 (while the UK was still part of the EU).

Your dual Irish partner needs to meet the same requirements for a spousal/civil partnership visa as would a British citizen in the same position.

Good to know that! Just one last question, do you know if in this case, we would need a solicitor to help us with the application?

Our case seems very straightforward in my opinion but I honestly know nothing about UK immigration rules and I can't find much information that aligns with our situation: Irish citizen living abroad wanting to bring a non-EU partner to England hahaha seems way too specific!

[AmazonianX]

I'm still a bit confused on whether I have to pay the Healthcare Surcharge or not. Do you know anything about it?

Yes, you do.

You would not have needed to if your dual Irish partner resided in the UK before 31st December 2020 (while the UK was still part of the EU).

Your dual Irish partner needs to meet the same requirements for a spousal/civil partnership visa as would a British citizen in the same position.

Good to know that! Just one last question, do you know if in this case, we would need a solicitor to help us with the application? This will be your decision to make. However with resources available on this forum and not being shy to ask questions you may be able to do this yourself.

Our case seems very straightforward in my opinion but I honestly know nothing about UK immigration rules and I can't find much information that aligns with our situation: Irish citizen living abroad wanting to bring a non-EU partner to England hahaha seems way too specific!

[JB007]

Our case seems very straightforward in my opinion but I honestly know nothing about UK immigration rules and I can't find much information that aligns with our situation: Irish citizen living abroad wanting to bring a non-EU partner to England hahaha seems way too specific!

This one-
https://www.gov.uk/uk-family-visa/partner-spouse