Can my wife apply for dependant visa from Australia?

[sunjay]

hi guys,

my wife is in australia with student visa. I'm working in the UK under T1 General visa. We got married after she applied for her Australian student visa, although she recieved her passport after our marriage.

Can my wife apply as my dependant from Australia or will she have to go back to home country to submit the application?

Many thanks.

[vinny]

ECB5 Where to apply - the policy

[sunjay]

Thanks for you reply vinny. But I found some contradictory info in UKinAustralia website.

See the link below:

http://ukinaustralia.fco.gov.uk/en/visi ... dependants

quote from the above link:

"Spouses and dependants of people with a visa allowing them to be in the UK (for instance if they hold a UK Ancestry visa, Work Permit, or Student visa – known as the Sponsor) who wish to travel with or the Sponsor in the UK, must apply for entry clearance from their home country before they go."

Your help will be greatly appreciated.

[vinny]

They should follow the Immigration Rules.

An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An applicant for an entry clearance who is seeking entry as a visitor must apply to a post designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Any other application must be made to the post in the country or territory where the applicant is living which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he/she is living.

Where

7.2. Definition of "living"

There is no precise definition of the word "living" as contained in the Immigration Rules but the relevant rule has been so worded to allow posts to operate with a degree of flexibility, discretion and common sense. In general terms 'country or territory where the applicant is living' refers to the place where a person is present in any capacity other than as a short-term visitor and has permission from the relevant authorities to be so.

In dealing with enquiries, caseworkers should refer potential applicants to the wording of the Immigration Rules (Paragraph 28) and may also suggest that British Missions abroad be contacted directly to ascertain whether an application would be accepted there.

[sunjay]

thanks for your reply vinny. I'll try to contact British high commission in Australia to find out what they say. By any chance, do you any other case like this?