URGENT

[debbie7155]

Please can someone help me, i am UK born citizen (english), i am currently living in australia on a visa, i am due to come home in 4 months time, i am living with my partner who is australian, we would both like to come back to England to live, i am just over 2 months pregnant with his baby, he is 44 yrs of age, he is a professional painter/decorator,
can someone please tell me how to get him a work visa & for him to stay permantly in my country, we are desperate to be together, we are both married to different partners our divorces wont be through for another 5-8 months & by that time i have to be back in the UK cos of my holiday visa would have ran out
please please help me

[Wanderer]

Please can someone help me, i am UK born citizen (english), i am currently living in australia on a visa, i am due to come home in 4 months time, i am living with my partner who is australian, we would both like to come back to England to live, i am just over 2 months pregnant with his baby, he is 44 yrs of age, he is a professional painter/decorator,
can someone please tell me how to get him a work visa & for him to stay permantly in my country, we are desperate to be together, we are both married to different partners our divorces wont be through for another 5-8 months & by that time i have to be back in the UK cos of my holiday visa would have ran out
please please help me

If you've not lived together for two years then the only realistic option is wait and then marriage.

[debbie7155]

how can we be together for 2 yrs if were going to be split in 2 seperate countries? & im also having his baby, & need his support & for him to be there at the birth
All i want is to go back home to the UK with my australian partner to raise our baby together when its born

[ElenaW]

how can we be together for 2 yrs if were going to be split in 2 seperate countries? & im also having his baby, & need his support & for him to be there at the birth
All i want is to go back home to the UK with my australian partner to raise our baby together when its born

We realize what you want. Unfortunately things don't work like that with immigration. Unmarried partner visa requires 2 years of cohabitation proof (even though yes someone will come on to say that someone on the board was approved after showing proof of less than that but that's rare).

[debbie7155]

but thats what i dont understand, how can we prove 2 yrs of living together if i have to go back home in 4 months time? so how can we ever have a future together if were not allowed to live together?

[ElenaW]

but thats what i dont understand, how can we prove 2 yrs of living together if i have to go back home in 4 months time? so how can we ever have a future together if were not allowed to live together?

One example I can think of is when a person comes on a different visa (for example student) and lives with their partner for 2 years then switchs to UPV.

Ok since you don't qualify, why don't you just get married and have him apply for a spousal?

[debbie7155]

because ive explained as above were both still married to other people, & our divorces wont be through for another 5-8 months, & im on a holiday visa to which they said they will extend it for only 4 months, & because im pregnant i can not support him if he comes to my country, thats why he needs to work straight away in the UK

[Wanderer]

because ive explained as above were both still married to other people, & our divorces wont be through for another 5-8 months, & im on a holiday visa to which they said they will extend it for only 4 months, & because im pregnant i can not support him if he comes to my country, thats why he needs to work straight away in the UK

Well it's not going to happen I'm afraid. Without any income here you won't get a spouse visa even, you need to able to pass a financial and accomodation test.

Suggest you look at the Australian Defacto visa for unmarried partners, at least to buy you some time. I've no idea of the criteria though, but I'd guess it would be similar to the UK one, two years cohab. Worth a bit of research tho.

[debbie7155]

I have money (savings) wont they take that into consideration? & my partner is a professional painter/decorator, so we wont be skimping off the government or anything, but my money wont last for yrs, thats why he will need to work if we can get a work visa for him

[Wanderer]

I have money (savings) wont they take that into consideration? & my partner is a professional painter/decorator, so we wont be skimping off the government or anything, but my money wont last for yrs, thats why he will need to work if we can get a work visa for him

Right, if you have a fair bit of savings, like figures, you'll be ok, but you're still facing the same issues, you'd need to be married.

The work visa criteria is quite tough I'm afraid, requiring a Degree or a sponsoring company here. Have a look at Tier 1 and Tier 2 see if he qualifies.

There might be other ways under EU law if you have another EU nationality or where born in Northern Ireland.

Or, does ur partner have a British or EU parent or grandparent?

[mochyn]

I think you are on a losing option trying to get him here .
Your best option is for you to live in Australia as the commitment period is 12 months as opposed to UK 24 months

http://www.Named OISC advisers.com/australia_vi ... facto.html

[debbie7155]

If i can get to stay in australia for 12 months & we both marry each other, Then can he come to the UK & live there together forever?/ work & everything?

[Wanderer]

If i can get to stay in australia for 12 months & we both marry each other, Then can he come to the UK & live there together forever?/ work & everything?

In theory yes, though in practise it's better if you as the BC return to UK first to establish yourself, accom/job, and the rest follow when these tests can be passed.

[debbie7155]

I can get accomadation sorted in the UK, but im not allowed to work as im due as a high risk with this pregnancy, my visa runs out in 4 months time, to which we would have been living together for 7 months, but known each other for 11 months,
my question is this, when i go back to the UK, can he not come back with me (as in the next 4 months he will be divorced) he comes over on a 6 month visa, (obviously i will have to support him on my savings) & then we can prove between both countries we would have been living together for over a year... will this help us with our case?.. many thanks to all of your answers

[Wanderer]

I can get accomadation sorted in the UK, but im not allowed to work as im due as a high risk with this pregnancy, my visa runs out in 4 months time, to which we would have been living together for 7 months, but known each other for 11 months,
my question is this, when i go back to the UK, can he not come back with me (as in the next 4 months he will be divorced) he comes over on a 6 month visa, (obviously i will have to support him on my savings) & then we can prove between both countries we would have been living together for over a year... will this help us with our case?.. many thanks to all of your answers

No, for UK rules living together has to be 24 months - AUS is 12 months only.

He could come over on tourist visa as you say, but you cannot switch from that visa in country and cannot stay more than 6 months in every 12 as a toourist, so he'd have to return to Oz then.

Also no work on a tourist visa.

I think a previouis poster had the best solution - apply in Oz for their unmarried partner visa when you've cohabited for 12 months, have the baby in Oz, baby will be British and Australian but unable to pass on it's British Citizenship, dunno if that matters to you, then when divorces are settled (they always take longer than planned believe me!), and you've some money behind you, plan ur move to the UK. Remeber it's very expensive too, £500 or so for the spouse visa, £820 of ILR after thwo years, and another £700-odd for naturalisation if he wants it.

I think I'd stay in Oz!

[debbie7155]

But i cant stay in oz cos im on a tourist visa & she said she would only extend it another 4 months, she said being pregnant wasnt a reason for staying in oz?, even though i said i wanted to be with my partner, but she was very blunt saying well we want you to go home basically before the baby is born cos were not going to pick up any medical bills...
But the country isnt picking up ANY of my medical bills, my own country is paying for my medical bills whilst im here & we have insurance & my partner has also said he is more than willing to pick them up too..so i dont understand why she said that?
so i guess its a no win situation for me & my baby