Immigration for me and my Australian partner... Help please!

[dingo144]

Hi guys,

I'm new to this forum and hope I post in the correct place...

I will give you our story so far...

Me (Austrian citizen) and my partner (Australian citizen) met in Denmark while we both were on exchange there...then a bit of long distance relationship and now we live together in Sydney
I am on a bridging visa at the moment with full work rights...we plan to move to the UK early next year, as we experienced the visa process here in down under we just want to get everything ready as soon as possible

My partner is 31 so a working holiday visa is not available for him, also he has no UK ancestry ... we had a look at the UK Border Agency homepage
If we understood everything correct I don't need a visa to work in the UK...but what about my partner...what would be the best option... he is a 3D artist and has a bachelor degree in arts ...would be the Tier 1 be the right way???

We are really confused there are so many options and quite frankly the homepage is terrible...if anyone is interested have a quick look at the australian immigration homepage is so much better in structure and way of presentation... :-S
We realy don't want to spend even a single day without each other and hope there is a visa option for us to come and stay in the UK together...
We don't have a lot of savings so work rights are essential!

Any advise is much appreciated!

Cheers & good night
Have a great weekend

[ikidunot]

As an EEA national, you would have the coverage of the EU freedom of movement which allows your non-EEA national family member (your partner) to travel and live with you in another EEA country, in this case, the UK.

Your post didn't state whether you and your partner were married. If this were the case, your partner would be recognized as your family member, per the 2004 EU Directive, in which case he has the automatic right to accompany or join you in the UK.

To acknowledge this right of movement, your partner may apply for a Family Permit at the nearest British Consulate, which shall enable him to accompany or join you in the UK.

If you're both unmarried, the same freedom applies, however it becomes a bit more difficult as you both would have to demonstrate a relationship akin to marriage for 2 years, which would require documentation of your life together as a couple for the last two years leading up to application.

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

On arriving here, if you both choose to settle here, your partner may apply for a residence card, provided you are exercising Treaty rights here, meaning that you are working, studying or otherwise self-sufficient.

Hope this helps!

[dingo144]

Hi ikidunot

We are not married...but our relationship is registered under australian law ... I guess that's not enough...we didn't live together for 2 years....by the time of application it will be 14 months...

Is there any way to get around this 2 year requirement without getting married?? ... we do want to get married but not without my family there and they are in austria...so that would be a bit tricky... ???

cheers

[Jambo]

You will need to check if the UK recognises a registered relationship from NSW (?) or not. They do for Tazmania. NSW Relationship Registration act is quite new so it doesn't show in the list as approved CP but I would think it would be recognised. In that case, that should be enough to show your relationship even without 2 years co-habitation.

Just call the consulate and ask.

[dingo144]

Thanks so much for your advise...i will call them first thing on monday!

Cheers