uk spouse visa from australia

baswitzer · Post by **baswitzer** » Tue Sep 25, 2007 10:52 am

Thanks to all the great contributors at the site. It has been an informative read.

I am currently in the process of applying for a UK settlement visa on the basis of my current relationship with my unmarried partner. I am based in Australia. I think we meet the criteria.

However, I noted with interest the stated intention of the HC in Canberra that they will only issue Visas for persons intending to enter within the next three months. However, the current processing times are listed at three months (this is the stated goal and I am not sure if this is reality). Obviously we are concerned that if we leave it to exactly three months before we want to depart then we might not get the visa in time and this could create enormous problems.

Is the three month criterion simply there to stop people applying way too early? Or is the case that when the HC issues the visa do they put an "effective from date" which in order to activate the visa you must enter within a certain period (for example if the visa is active from 1 October 2007 must I enter before the end of 31 December 2007?) This is important as although we intend to enter within the next few months we cannot be certain that we will enter within three months (it may be 4).

Also once the visa has been issued is there any restriction on me leaving the UK with my partner for a holiday? I can come back in cant I? This may sound like a silly question but I read other posts saying that they were refused re-entry and I could not find the reason why.

Thanks for any help you might be able to provide.

VictoriaS · Post by **VictoriaS** » Tue Sep 25, 2007 3:45 pm

You can give the date you want the visa to start, which can be three months ahead of the date of application, and you will have three months from that date to enter.

Once you have the visa and are in the UK, you can come and go as you please.

Victoria

baswitzer · Post by **baswitzer** » Tue Sep 25, 2007 10:30 pm

If I am successful in the visa application it is my understanding that this goes into my Aussie Passport. However, if I wanted to travel throughout the EU would my visa be valid for entry into those countries (as a spouse of a uk citizen and eu national?) or would I enter under my Aussie passport and use the tourist waiver scheme. Basically does my UK visa, if successful, entitle my partner (UK citizen) and I the same rights we have in the UK to work and play etc?

Docterror · Post by **Docterror** » Tue Sep 25, 2007 10:36 pm

I don't know wether the spouse visa entitles you the same rights as a UK citizen to play, but it sure will give you the same right to work!

Also however it be, you can enter the rest of the EU on your Aussie passport with or without the spouse visa.

baswitzer · Post by **baswitzer** » Tue Sep 25, 2007 11:39 pm

Thanks for the great replies. They are really helpful. Does anyone know the current processing times at the Canberra HC? They say the general aim is 3 months but most are done in 5-10 days but spouse visas may take longer.

VictoriaS · Post by **VictoriaS** » Wed Sep 26, 2007 3:47 pm

Having a spouse visa gives you no more special rights to travel in Europe, I'm afraid.

Victoria

jes2jes · Post by **jes2jes** » Wed Sep 26, 2007 3:49 pm

VictoriaS wrote:Having a spouse visa gives you no more special rights to travel in Europe, I'm afraid.

Victoria

That is true but since the OP has an Aussie Passport, he/she can travel visa free in most of the EU states I believe.

paulp · Post by **paulp** » Wed Sep 26, 2007 9:44 pm

jes2jes wrote:
VictoriaS wrote:Having a spouse visa gives you no more special rights to travel in Europe, I'm afraid.

Victoria
That is true but since the OP has an Aussie Passport, he/she can travel visa free in most of the EU states I believe.

Victoria was responding to Docterror's post. The UK spouse visa has no effect in the rest of Europe and does not give the right to live or work there.

Docterror · Post by **Docterror** » Wed Sep 26, 2007 10:18 pm

Victoria was responding to Docterror's post. The UK spouse visa has no effect in the rest of Europe and does not give the right to live or work there.

... I never claimed that it did!

paulp · Post by **paulp** » Thu Sep 27, 2007 7:53 am

Docterror wrote:
Victoria was responding to Docterror's post. The UK spouse visa has no effect in the rest of Europe and does not give the right to live or work there.
... I never claimed that it did!

Sorry Docterror, I'm sure you meant to put a not at the end of the following sentence but I thought it was better to make sure the OP did not get the wrong idea.

Docterror wrote: I don't know wether the spouse visa entitles you the same rights as a UK citizen to play, but it sure will give you the same right to work!

Docterror · Post by **Docterror** » Thu Sep 27, 2007 9:22 am

I did not mean to create all the confusion, but my goodness, how the lack of a word changes the entire statement altogether.

paulp, thanks for the catch, as even at multiple reading I read it as if I had put the 'not' in there.

To clarify- The UK spouse visa will NOT give the holder any right to work in the rest of EU as it would to a British Citizen(BC). It will only give the right to work in the UK.

The entrance to most EU countries for a specific period of time on an Aussie passport is acceptable, but to work in specific countries the person will have to apply for the permission to work based on the relationship to a BC, to prove that they can work over there.

avjones · Post by **avjones** » Thu Sep 27, 2007 9:25 am

Docterror wrote:I did not mean to create all the confusion, but my goodness, how the lack of a word changes the entire statement altogether.

"The Kingdom was lost, and all for the lack of a horseshoe nail"

Christophe · Post by **Christophe** » Mon Oct 01, 2007 9:14 am

That is true but since the OP has an Aussie Passport, he/she can travel visa free in most of the EU states I believe.

Visa-free travel for Australian passport holders in all EU/EEA states, I think - as a visitor.

Immigrationboards.com: Immigration, work visa and work permit discussion board

uk spouse visa from australia

uk spouse visa from australia