Australian wanting to join boyfriend in UK

[Lilly68]

Hi there, I am new and couldn't find a discussion on my query anywhere?

I am an Australian musician/composer, my boyfriend is a Doctor, who is Irish and lives and practices in the UK.
We have been in our relationship since 2006 and I have been to the UK to him, 3 times now, for a few months at a time. We would like for me to be able to stay as we are looking to buy a new apartment and we intend to eventually marry once both our divorce papers are finalized from our previous marriages, which will be by April 2009.
On entry to the UK I have said that I was visiting close friends, not a tourist.
I am wondering what my best move is now when I enter the UK again, do I say I am visiting my boyfriend or should I have already applied for an unmarried partner Visa ?
What proof do I need to show we are a couple, even though we haven't been able to physically live together?
Will I be able to work in any capacity, either as a musician or other?
Can I simply go stay with him and apply for the Visa I need as his partner once there?
Can Australians stay in the UK as a visitor for up to 6 months?
How long can I stay before things are approved and/or we get married?

If we were living together for a couple of years in New Zealand first (as he may have a job offer there ) can we return to the UK as a couple unrestricted and could I get residency straight away in the UK then?

It would be great to get a scenario of what I can do?

Cheers

[Mr Rusty]

The criterion to be recognised as unmarried partners is 2 years living together, so your occasional visits don't avail you. If your boyfriend does get a job in New Zealand and you spend 2 years together there, you would qualify for an EEA Family Permit if he came back to work, and thus "exercise his treaty rights", in the UK.
Visitors to the UK are normally given entry for 6 months. However, if someone indicates an intention to stay for such a lengthy period, the Immigration Officer may wish to make enquiries as to the reasons for the visit, the passenger's intention to leave at the end of the visit, and his/her ability to support himself without working or recourse to public funds.
In your current circumstances you would probably not be able to make a successful application after entering as a visitor. You would have the right to apply under EEA rules, but as already pointed out, you wouldn't qualify.
I don't know enough about the rules for artists and musicians to say whether you might qualify for a visa in your own right. Do a search on "Artists and Musicians" on the UKBA website and see if anything suggests itself.

P.S. You don't have a UK grandparent do you?

[Lilly68]

Thankyou Mr Rusty,

So if we applied for a 'marriage Visa' before I go, so I could go to be married to him in the UK, so then we could live together and receive the 2 year probationary Visa and after 3 years get residency, ? is that our most straight forward option?

The New Zealand option sounds good too

Thanks heaps for your help
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[Mr Rusty]

So if we applied for a 'marriage Visa' before I go, so I could go to be married to him in the UK, so then we could live together and receive the 2 year probationary Visa and after 3 years get residency, ? is that our most straight forward option?

Only once you are free to marry*, but then it looks like a better option in this case than the EEA route. Bear in mind that you wouldn't be able to work until the marriage visa is converted into the 2-year spouse visa, but that's no worse than going as a visitor, which wouldn't entitle you to anything else.

* You might like to be aware of the following extract from the guidance to Entry Clearance Officers:-
"If the only reason for a couple not being free to marry/enter a civil partnership is that one of them is awaiting a divorce/dissolution of a civil partnership, entry clearance should not be refused for this reason alone (though ECOs would normally expect to see some evidence that divorce/dissolution proceedings are well under way). The reasoning behind this is that the divorce/dissolution may well come through within the six months leave to enter period, thereby enabling the couple to marry/register a civil partnership. ECOs should, however, be aware that divorce/dissolution proceedings may take longer than 6 months to resolve. The applicant may then apply for leave to remain as a spouse/civil partner. Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay."

[Lilly68]

You are so helpful Mr Rusty Thankyou again

This looks very promising .... Thankyou for that info

In answer to your question about grandparents in the UK.? No.. unfortunately, not unless they accept great great great grandparents, who were Scottish/Irish on my Fathers side.
However my mother is in fact German, is that any help? although I do have Family I am in frequent contact with there, I do not desire to live there!
I am committed only to my relationship with my irishman.

Just a thought..? If I plan to Visit for only a short time and have my Return Flights booked, that should be fine..? but then what if I change my flight and stay six months. will that be acceptable as long as I DO have a return flight..?

But as I understand now i must apply for a Marriage Visa in Australia before going to the UK...

Cheers Lilly68

[Mr Rusty]

"Just a thought..? If I plan to Visit for only a short time and have my Return Flights booked, that should be fine..? but then what if I change my flight and stay six months. will that be acceptable as long as I DO have a return flight..?

But as I understand now i must apply for a Marriage Visa in Australia before going to the UK..."

Affirmative to all that. Nothing to stop you making another visit and whatever preparations you can, but don't bother trying to make an in-country application. From what you've posted so far, I can't imagine you'll have much of a problem getting a marriage visa.

[Vanadil]

Hi guys,

I apologise if this is completely irrelevant but it’s just a thought. Would it not be possible to look at your German ancestry and see if there is something similar to the UK ancestry rights scheme. This would allow you (granted probably a number of years down the line) to obtain an EU passport and then come to the UK freely.

Obviously you have already stated that you do not wish to live in Germany, but as an option in another hypothetical case would this be a possibility? Apologies again for the perhaps irrelevant to this situation but I am trying to learn as much as I can from this forum and what better way than to ask?

[Mr Rusty]

H. Would it not be possible to look at your German ancestry

Hey, good point. I know nothing about German nationality law, or the procedures and cost to acquire German citizenship, but here's the first line from the Wikipedia entry on the subject -

"German citizenship is based primarily on the principle of Jus sanguinis. In other words one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth."

Worth checking out, if only to save the cost of applications for visas/leave to remain as fiancee+spouse+ILR which would amount to over a thousand quid. No "life in the UK" test either.

[Wanderer]

We had a similar one before like this, I would guess the OP's mother lost her German Citizenship on gaining Australian Citizenship, assuming she took Oz Citizenship, and also assuming the OP was born after this, I don't think she any claim to German Nationality.

But if she can - that would be best - entry into the EU anywhere...

[Lilly68]

Hi wanderer, mmmm I did look into this last year and it started to get tricky as although I was born pre 1975, and my mother had already taken Oz citizenship, being in Aus since the 50's and married to an Aus.

So I guess my best options are to either organize a Marriage Visa first, even though we are waiting for Divorce documents to be finalized, but that ok as long as we show it is being processed... and if need be I can get an extension of my stay until they are and then get married . that way as soon as I get the 2 year probationary stamp I can work.. hope that right?

OR... if Job come up next year in NZ we both go there for a couple of years, as i can work freely in NZ and then on returning to UK, we are unmarried partners intending to get married there... ?

is this looking like a good direction to pursue ? as it will be costly and we want to get it right, as we can not bear being apart much longer...

Cheers this is the most helpful site in over a year of searching thankyou