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Application for Spouse visa from outside UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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heydo101
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Application for Spouse visa from outside UK

Post by heydo101 » Tue Jul 03, 2012 2:25 pm

I have a few questions to ask about mine and my fiance's impending application for a spouse visa.... There are a lot of details, so please bear with me!
My fiance and I plan to marry in the next couple of months before his tier 5 visa runs out in October.
We then plan to go to his country, Australia, to visit family and apply for the spouse visa.
Now, we've only been living together for a week, officially, and because it's my place he's moved into he's not on any bills, yet, so we're wondering what sort of proof, other than photos and statements from friends and family, we will need to send along with the application.
We've been together a year, and he probably should have moved in sooner, but that can't be helped now. My housing association says they won't put his name on bills until he's been living with me a year.
Also, as I was on benefits before, they have now all but gone so he supports me. I still get DLA and may be entitled to housing benefits, but will this be deemed enough to live off, or should I get someone to sponsor him?
Thankfully, his boss has said he is guaranteed a job when he gets back from Oz, although it's minimum wage and so not enough for the new rules of maintenance. I will be set for a windfall sometime soon, but since it's been sitting there for a few months, I can't say when I will get that. Is it worth mentioning that too?

Also, in the FLR(M) application form there is a section for 'personal history' and we're unclear what we're supposed to write in there, assuming it's just his history.
We're doing this on our own since solicitors have given a lot of misinformation and led is to believe we could apply for the visa here.

Many thanks for reading and for any answers you may be able to give us.

heydo101
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Post by heydo101 » Tue Jul 03, 2012 2:56 pm

Another question, we don't want to be away from the flat for too long and initially intended only 6 weeks before we found out he could not extend his stay and has to go back anyway. It may well take longer than that, I'm not sure.
CAN HE come back in as a visitor while waiting for his visa, or would it be best to stay over there until we know if he's been accepted or not?

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Casa
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Post by Casa » Tue Jul 03, 2012 4:00 pm

He could extend his stay from within the UK on FLR(M) if you marry here and the application is submitted before his Tier 5 visa expires.

heydo101
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Post by heydo101 » Tue Jul 03, 2012 4:06 pm

Really? We are going to get married here, but then when I called the UKBA a few weeks back they said he couldn't switch....but then I suppose it's not really switching.
I can't really trust the UKBA though, since I've spoken to some who say 'we can't advise you', some who've given us a load of tosh, and some who say 'we CAN advise you'.

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Casa
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Post by Casa » Tue Jul 03, 2012 4:51 pm

It is switching, but this is permitted for Tier 5 visa holders.

heydo101
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Post by heydo101 » Tue Jul 03, 2012 5:05 pm

That is excellent to know and one less thing to worry about, although I am still wondering if the fact he's not been living with me for that long will cause any problems with the application.
Do you know where I can find answers to my other questions as I can't find anything on here?

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Post by Casa » Wed Jul 04, 2012 12:36 pm

You only need to show that you have been living together since the wedding.

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