Need help Spouse/Fiancee Visa

[brisnick]

Hi,

I am struggling to find some Visa information from Australia and was wondering if anyone here knows anything, or can direct me to somewhere I can find the help I need.

My situation is that I am a British Citizen currently living in Australia. I am marrying my fiancée on 9th December 2009.

Originally we had planned to move to the UK on 5th April 2010 but I have recently lost my job and we decided to bring the date of our move forward to 31st January 2010.

Upon gathering together all the information to proceed with visa applications, etc. we have realised that there is not enough time for processing of an application for a spouse visa between the date we get married and the date we depart for the UK (the flights have already been changed to this date).

Obviously we do not want to break any immigration laws on coming to the UK and we believe we may have two options.

1) For my fiancée to apply for a Youth Mobility Scheme visa for initial entry and then to apply for the Spouse visa from within the UK – This would allow for my spouse to work as soon as she enters the UK.

2) For my fiancée to apply for a Fiancée Visa for initial entry and then to apply for the Spouse visa from within the UK – My fiancée would actually be my spouse when we enter the UK and I am worried this would be a problem. Another issue I have with this is that her visa would be in her unmarried name and when she gets a new passport with her married name how would the visa be transferred or could this problem be negated by showing both passports and a marriage certificate at passport control?

I would be very grateful if anyone can provide help, or any UK specialist migration agents in Brisbane.

Thanks

[Casa]

She won't be able to enter the UK as your fiancee if you have already married.
When you say your fiancee would apply for a YMS visa and then switch to spouse from within the UK...do you mean after the marriage in Australia?
If so, it's very unlikely that she would be granted a YMS visa if she has a husband in the UK.

[brisnick]

Thanks for the info.

Could she apply for a YMS visa before we are married and then apply to swtich to the category of 'husband, wife or civil partner'?

I guess our only other option is to get married asap (earliest date would likely be 11th October) and hope there is enough time between then, receiving the copy of the marriage certificate, applying and reaching Jan 29th.

That is about 15 weeks and cutting it tight for Australia processing

[Obie]

You are forbidden from switching status if you enter under the youth mobility Scheme.

She can use it to enter the UK for the duration of its 24 months validity, she can even enter into employment and get married. After your marriage,she can go back to Australia and apply for the Spousal visa.

Please note that if she has a child under 18, she will not qualify.

[brisnick]

Thanks again for the info.

I thought as much, but there is no harm in asking!

I guess we will have to bring the wedding forward to make sure there is enough time.

Thanks all for your help.

[jetsetterjay]

Thanks again for the info.

I thought as much, but there is no harm in asking!

I guess we will have to bring the wedding forward to make sure there is enough time.

Thanks all for your help.

When we found out the processing times and realised that it would cause the same problems that you are facing we decided to get married on paper first so that we could start the application. We then had the proper ceremony later.

[vinny]

Could she apply for a YMS visa before we are married and then apply to swtich to the category of 'husband, wife or civil partner'?

cannot switch into any other Points Based System route, or into leave as a visitor.

However, I believe that they may switch to FLR(M) under 285 (spouse) or 295E (unmarried partner).