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Can I visit the UK while waiting on a spouse visa?

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coops90
Newly Registered
Posts: 2
Joined: Mon Jan 07, 2013 5:47 am
Location: Sydney, Australia

Can I visit the UK while waiting on a spouse visa?

Post by coops90 » Mon Jan 07, 2013 6:04 am

Hi
I'm new here and would be very grateful for your help. I've tried to search this information but can't find anything so apologies if I have missed it.
I am an Australian woman married to a British man. We live in Australia which is where we met when the company he works for sent him out here during the GFC. We have a 2 year old child who is also a British citizen.
My husband has from the day we met always told me he wanted to return to the UK, I was happy to do this and we have been waiting for the right time with the work situation to go back (he works in construction).
Late last year we decided that we would try and go back in 2013. After looking into the new immigration rules we realised that he needed to have a job before we could go back. He cannot transfer back with whom he works for now, so we booked flights for a 5 week trip to the UK in March/April 2013 so that he can look for a job. The plan after that if he got a job was to return to Australia where we would serve out his notice and go to the UK to start the job. I would straight away be applying for my visa and would wait here for hopefully not much longer that 3-4 months and then join him in the UK. We meet all of the criteria except the having to have a job offer in the UK part, so that is the only thing we need to sort out.
The problem is that our situation has suddenly changed. We found out I am pregnant again (miracle as we had a very small chance of having any more children due to problems in the last pregnancy). We both really still want to return to the UK this year. I am estranged from my family in Australia and the only people we have are my husbands family in the UK. We both miss them loads and really want our son to have a better life than the unstable one we have here as we move around constantly due to work. I am very confident of us getting the visa as my husband currently earns 5 times the threshold, we have our own house in the UK, family support etc. It is just all dependent on him getting a job offer so we can apply as we don't have the savings.
Due to now having another baby on the way I would like to apply for a spouse visa asap. But we already have our 5 week holiday booked in the UK. Its very important for the 3 of us to go as there's also family weddings while we are there not only the job thing. If hubby could possibly get a job in the UK while still being here, and I then applied for a visa from Australia am I still allowed to enter the UK as a vistitor, especially if I have return flights booked?
I would be grateful for any advice.
Thanks

mannypk
Newly Registered
Posts: 28
Joined: Sun Dec 09, 2012 3:34 pm

Post by mannypk » Mon Jan 07, 2013 6:47 am

You need to hand your passport in when applying for the spouse visa.

Unfortunately, the BHC won't return your passport during the application process for you to use it to travel. If you ask for your passport back, the application is cancelled and you have to reapply.

What this essentially means is that one can't travel anywhere during the processing of the spouse visa application.

I found out the hard way when I had to cancel work meetings abroad because the BHC has my passport.

I hope this helps. Hopefully, some of the other members can suggest an alternative.

coops90
Newly Registered
Posts: 2
Joined: Mon Jan 07, 2013 5:47 am
Location: Sydney, Australia

Post by coops90 » Mon Jan 07, 2013 6:55 am

Thank you that is exactly what I needed to know.
The 5 week trip is very important so I guess we will just have to accept we will be having the baby here in Australia. We are unhappy here but its not the worst thing in the world... makes things a bit complicated as we have already made most preparations getting ready to leave; given up our lease and moving in to furnished temp accommodation, given away or sold most of our furniture and some other belongings... Hmm oh well... Thanks again

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