Settlement Visa - do you have to be in Oz when granted?

[tyke151]

I have a couple of queries.

I am a British Citizen, currently residing in Australia with my Australian wife. She has applied for Settlement Visa to the UK (on 7/7/08). British Consulate have advised that it will take up to 12 weeks.

What I would like to know is (and I have looked everywhere but can't find any answers): a) can we travel to the UK between now and when the visa is granted for a holiday (i.e. can we get our passports to travel with) and b) does she have to be in Australia when the visa is granted?

Thanks for your help

[sakura]

I cannot answer your first question, but as for the second - she would have to return to Australia for a new entry clearance- for a few years now there has been a 'no switching' rule - meaning you cannot switch from a tourist visa to a settlement/long term visa in-country. It is therefore inadvisable for you to come as a tourist if you are waiting for the settlement visa to be granted, because you would have to go back to Oz anyway.

[Christophe]

As I understand it, the OP would be planning to return to Australia anyway before moving to take up residence in the UK. It may not be a problem if you were not physically in Australia on the day that the decision was taken to grant the settlement visa, but obviously your passport would have to be with the British High Commission to be stamped. The website of the High Commission does say that Australian applicants must be in Australia at the time of the application (which is ambiguous, because it is unclear whether that means for the whole course of the application process or merely when the application is lodged).

However, what view the High Commission would take of the return of your passports while the application is being considered I don't know. Obviously the High Commission would have to make arrangements to return your documents if you want them — after all, they do not belong to the High Commission — but it might well be regarded as a withdrawal of your application. Only they can tell you this, I guess.

[waiting8]

You have to be in Australia for the whole process.. and at this time of year all settlement applications are taking 12 -14 weeks to process.

I know first hand i have been waiting 10 weeks and haven't heard anything from the embassy.
There was no way i could of stayed in the UK and submitted my application from there because they call most applicants in for an interview.
Mind you the process only takes a day or 2, but in sits on a entry clearance officers desk for the other 11 weeks.

Good luck