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Help: My partner is stuck in OZ, I'm on HSMP

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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plnrmatt
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Posts: 4
Joined: Wed Aug 30, 2006 7:52 am

Help: My partner is stuck in OZ, I'm on HSMP

Post by plnrmatt » Wed Aug 30, 2006 8:10 am

If anyone can help me I'd be so grateful. I'm an Australian living in the UK on a HSMP Visa (3yrs in January), I arrived 5yrs ago on the Working Holiday Visa (and therefore those 2yrs don't count towards ILR). I met my partner 3yrs ago, but his visa ran out (2yr Working Holiday Visa) and he was forced to move back to Oz. As difficult as this time apart has been we have maintained our ties and are as much in love now as we were when we first met.

I'm desperate to bring my partner back to the UK so we can restart our life together. I'm not a British/EU National, I still have 2yrs left till I get ILR... could he come over on the fiance visa even tho I'm an Australian on the HSMP? Could, after our civil ceremony he live in the UK? And after that could he apply for a marriage visa so that he could also work in the UK? I've checked the points requirements for the fiance visa and it looks like we easily meet them.

I've found it very difficult to get an answers to the above questions so if anyone could advise or steer me in the right direction that would be such a help.

Cheers!

sdd7677
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Posts: 20
Joined: Sat Jul 08, 2006 7:03 pm

Post by sdd7677 » Wed Aug 30, 2006 12:25 pm

If you get married to her then definately she can come to Uk as your dependent and it will not be difficult for her to get visa. once you married you can apply within a month.

plnrmatt
Newly Registered
Posts: 4
Joined: Wed Aug 30, 2006 7:52 am

If U don't have ILR can you be considered 'settled'?????

Post by plnrmatt » Wed Aug 30, 2006 6:44 pm

Today I've read elsewhere on this site that for similar case:

"She cannot apply for a fiancée visa given that you are not "settled" in the UK. You say you have a HSMP visa. If you had ILR then it would be different."

That's the first stumbling block which I'm struggling to get a clear answer to. But judging by that previous posting from 2005: I'm now assuming as I dont have ILR that even if I did 'marry' my boyfriend via a civil partnership he'd not be able to come over on the fiance visa because I'm only considered 'settled' when I have my ILR or passport :cry:

Can anyone shed some light on this for me?

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