Guest GeorgeD Posted January 4, 2013 Share Posted January 4, 2013 So if my ex has the kids for 12 months say (my ex has suggested this).....can I work in the UK on a British Passport then? Am I entitled to National Insurance etc? If we lived together for 12 months in the UK or decided to get married whilst I was there...he then applies for a spouse visa offshore right which could take 9 months or so? So that means he would not be able to return with me after 12 months? SO confused now. You mentioned you were born in the Uk and have a British Passport. You also have an Australian one...so I am assuming you have dual nationality. This means you can go and live and work in the UK without filling in any forms or needing any visas as far as UK Immigration is concerned. I haven't got the slightest clue about National Insurance though, sorry! Let's say you go to the UK. You land on the 1st Jan. You move in with him, you put some plans in place and you are getting married on 28th Feb. You get married. You have got a bank account, drivers licence, etc all registered to the same address as him, and have a few other official documents from the last 2 months (he has told his council he doesn't live alone anymore, etc). You have work rights so can go get a job. Your employer knows you live with him, and your pension provider know you live with him and has him as beneficiary of your life insurance, etc. This is all evidence. He sends his application off mid March (to allow the ink some time to dry on the marriage cert and get you both fill in the forms.) Assuming you have enough evidence, 9 months later, mid December he gets his grant through. You immediately jump on a plane and he is in oz for a Christmas BBQ down by the beach. During all of that time both he and you can live and work in the UK...and once his visa comes through he can live and work in oz, same as you. Simple. Well, in theory anyway. In reality, it just doesn't happen as quickly as that. You may be better off going over to see how things go for a few months...then think about marriage...then you can jump on the journey I just described at the wedding stage. You could go, live with him for a while, say six months, get married, apply for the visa, then you come back to oz 6 months later and he stays in the UK...Ok, you are apart for maybe 3 months, but it's better than 9! You don't need to 'bring him back' you can be in different countries if you are married...the only reason you aren't together is because he can't live and work in oz and the Spouse Visa you have applied for is the correct legal way to get him into the country. This isn't an unusual situation. Link to comment Share on other sites More sharing options...
Brisvegasgirl73 Posted January 4, 2013 Author Share Posted January 4, 2013 Thanks for that clarification....it's all starting to make sense now! :-) If only things were simple hey. He is reading these posts too and is giving us both food for thought. Thank you SO much for sharing your knowledge on this stuff with me...and for explaining it so well. Where there is a will there is a way! :-) Link to comment Share on other sites More sharing options...
Parley Posted January 4, 2013 Share Posted January 4, 2013 Must be very hard to leave your kids behind though. That will be a tough decision. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted January 4, 2013 Share Posted January 4, 2013 The Spouse Visa route is one option...we haven't ruled out skilled migration yet. I know you say you want to get married, and I'm not saying you shouldn't, but if there was another visa based on his occupation which could get him to Oz then you can plan a wedding on your own terms without the visa and associated separation hanging over your heads. You don't happen to own a company who could sponsor him for a skilled visa do you??? EDITED TO ADD: Yes leaving family behind could be difficult. If you are certain you want to get married, you could get married and still live on opposite sides of the world...that's what I did! Mind you, processing time for me was only half of what it is now. Getting the evidence is just that bit harder though...lots to think about. You could, of course, run all of these scenarios past a Registered Migration Agent to get some professional advice... Link to comment Share on other sites More sharing options...
Brisvegasgirl73 Posted January 4, 2013 Author Share Posted January 4, 2013 Even at age 5 we had a thing for each other....thought I would share this pic taken 34 years ago. We will end up together....somehow :-) Thanks for all the great advice and messages of support. Much appreciated! Link to comment Share on other sites More sharing options...
northshorepom Posted January 4, 2013 Share Posted January 4, 2013 Batting out of his league there I reckon :wink: Link to comment Share on other sites More sharing options...
Parley Posted January 4, 2013 Share Posted January 4, 2013 What a CUTIE.. Link to comment Share on other sites More sharing options...
Brisvegasgirl73 Posted January 4, 2013 Author Share Posted January 4, 2013 I know somebody who DOES own a company that could possibly sponsor him but does it have to be something in the skilled visa list? Yes would be hard to leave my kids although I know they would be happy with their Dad just as much as me and with technology these days, although not the same as being with them, it makes the world a smaller place I guess. I guess a perk of my job as a travel consultant, I can come back for a visit to see them on the cheap. Lots to think about I guess. Yes we could get married and live on opposite sides of the world for a time...been apart this long I don't suppose doing that for a bit will be that much harder. I have contacts in the UK workwise so that would not be much of a problem for me. So much to think about. Thanks. Link to comment Share on other sites More sharing options...
k8bug79 Posted January 4, 2013 Share Posted January 4, 2013 Hi Bisvegasgirl73 i just want to say good luck. To those judging you on here and in the real life I am proof that it can work. I met and fell for my husband whilst on holiday at 16. Although it was a UK holiday it was too far to maintain. We lost touch and moved on, he was in a long term relationship and i got married and had my eldest daughter. I knew deep down i loved my now husband but he wasn't in my life. A friend of mine bumped into my now husband one night as i was about to move back down to Cornwall (skipped some moving around the country for ease of storytelling) and facilitated us meeting aain. Yes i was married but my ex was alcoholic, a danger to my daughter and i needed out. I moved, i left my ex. Myhusband moved down 2 months later. 7 years on we are married with 2 children of our own and about to move to start a new life again. Yes i was wrong to allow my now relationship to happen whilst married, yes i was wrong to marry someone whilst still holding feelings for someone else. Hindsight is a wonderful thing. Life isn't straight forward. Yes I hurt my Ex but my daughter is now safe and happy and so am I. I really hope you find a way to b togeter x Link to comment Share on other sites More sharing options...
Guest guest30085 Posted January 4, 2013 Share Posted January 4, 2013 [ATTACH=CONFIG]17910[/ATTACH] Even at age 5 we had a thing for each other....thought I would share this pic taken 34 years ago. We will end up together....somehow :-) Thanks for all the great advice and messages of support. Much appreciated! Thats just the cutest thing i wish you all the luck in the World and I'm sure you will be together, even if you have to wait a few more months, it will be worth it. I haven't read the whole thread, but has your other half any trade or quals where he may be able to get sponsorship to Oz, rather than you having to move to the UK? Just as you have more responsibilities? Sorry if its already been discussed, I will look back through the thread good luck xx Link to comment Share on other sites More sharing options...
Guest Guest26012 Posted January 4, 2013 Share Posted January 4, 2013 Not sure where to start with my story so I will start at the beginning....For the past 30 years my soulmate and I have loved each other but due to various cirumstances over the years, not been able to be together. Now we are both in a position and the right time and place in our lives when we finally can be together, the only problem is I now live in Australia (UK born but Australia citizen) and he is British and lives in the UK. We are not officially 'partners' as we are obviously not living together. He wants to move here to be with me but we have no idea what the best option is for him to do this. Is it better for me to go to UK (I have a British Passport so not sure if this will make a difference) and marry him and bring him back that way, or is it better to get him over here on that 'intent to marry visa'. Or should he come on a work visa and apply to stay whilst he is here. What is the quickest and cheapest way for us to finally be together??????? Help????? Thanks Hi, can't advise about the visa stuff but just want to wish you all the best! Link to comment Share on other sites More sharing options...
Brisvegasgirl73 Posted January 4, 2013 Author Share Posted January 4, 2013 k8Bug79 - thank you so much for sharing your story. It gives me so much hope that things can and will work out for us in the end. So glad you ended up with your true love. What a lovely love story you both have. Thank you for your support and encouragement. Means a lot. Link to comment Share on other sites More sharing options...
munchbaby99 Posted January 4, 2013 Share Posted January 4, 2013 [ATTACH=CONFIG]17910[/ATTACH] Even at age 5 we had a thing for each other....thought I would share this pic taken 34 years ago. We will end up together....somehow :-) Thanks for all the great advice and messages of support. Much appreciated! That is so cute, come on everybody lets will this to happen in as short a period as possible!! Good luck to you both Link to comment Share on other sites More sharing options...
lebourvellec Posted January 4, 2013 Share Posted January 4, 2013 I know somebody who DOES own a company that could possibly sponsor him but does it have to be something in the skilled visa list?Yes would be hard to leave my kids although I know they would be happy with their Dad just as much as me and with technology these days, although not the same as being with them, it makes the world a smaller place I guess. I guess a perk of my job as a travel consultant, I can come back for a visit to see them on the cheap. Lots to think about I guess. Yes we could get married and live on opposite sides of the world for a time...been apart this long I don't suppose doing that for a bit will be that much harder. I have contacts in the UK workwise so that would not be much of a problem for me. So much to think about. Thanks. It may be worth speaking to a Registered Migration Agent with full facts of your case. It is difficult to know if he would be able to be sponsored for a job as the list is very long, and we dont know his occupation. Currently the only Partner visa that you would be eligible for would be Prospective Marriage Visa, which must be applied for offshore. And takes about 7-9 months to Process, once granted, and enter the country you have 9 months to marry and apply for the partner visa. The requirement for this visa is you must have met in person at least once. Your Partner can travel out on visitors visa while it is being processed. The partner visa, will require alot more information and may be risky just to marry and apply few months later, higher chance application may be rejected. Speak to a registered migration agent. But from what you have said PMV would be best suited and less risky visa for you if you both wish to marry. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted January 4, 2013 Share Posted January 4, 2013 The PMV would work and is the least radical route, but it does mean he applies Offshore, then waits for it to be processed, which can take 7-9 months, then he can enter Oz and you get married. This is the quickest way to get him to Oz without you getting married...but then you need to marry in the 9 months after grant then apply for the Spouse Visa. If your plans are to get married at the earliest possible time (remember what I said about getting married because you want to and not because of a visa) then actually getting married immediately rules out your option of the PMV...you would have to delay your wedding plans until after the PMV grant...so the visa could delay you getting married! It is possible to marry and apply successfully for the Spouse Visa very soon after. My wife and I got married on 4/4/10 and applied for my Spouse visa on 18/5/10...so roughly 6 weeks after our wedding. She flew back to the UK 3 days before the wedding and we spent 4 days together after getting married then she went back to Oz and I stayed in the UK. We had lived on opposite sides of the world for 2.5 years prior to getting married and had little or no evidence of our relationship prior to our marriage. There is no requirement in the Spouse Visa to show any specific length of relationship prior to marriage, unlike the Defacto Spouse visa which requires 12 months of evidence...being married waives this condition. We had to get creative about evidence and pull it from here there and everywhere...and also send supplementary evidence which only came into existence after we got married and our application was in process! So it can be done...I'm not saying it's easy, but it can be done...you do need to have and present that evidence. The level of proof required is likely to be easier to dig up if you have been together longer. For the OP...here's a post I made some time ago summarising all the evidence I provided for my application http://www.pomsinoz.com/forum/migration-issues/58449-summary-spouse-visa-processing-times-offshore-uk-please-add-your-stats-233.html#post865432 It might give you an idea of the sort of thing you will need. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 4, 2013 Share Posted January 4, 2013 George you had been together a long time before you got married, the OP situation is different to yours. Although they have known each other along time, they haven't been in a relationship. If want to get married and live in Australia, would be to marry in Australia and lodge onshore partner visa, if rejected could apply to MRT and be able to live in Australia till application is decided. But that would be a long time for the partner of OP not being able to work unless about to get work rights waivered. People who are married can still get Partner visas refused. It is one of the hardest visas to get with amount of information that is required. Link to comment Share on other sites More sharing options...
sioban Posted January 4, 2013 Share Posted January 4, 2013 Hi Bisvegasgirl73 i just want to say good luck. To those judging you on here and in the real life I am proof that it can work. I met and fell for my husband whilst on holiday at 16. Although it was a UK holiday it was too far to maintain. We lost touch and moved on, he was in a long term relationship and i got married and had my eldest daughter. I knew deep down i loved my now husband but he wasn't in my life.A friend of mine bumped into my now husband one night as i was about to move back down to Cornwall (skipped some moving around the country for ease of storytelling) and facilitated us meeting aain. Yes i was married but my ex was alcoholic, a danger to my daughter and i needed out. I moved, i left my ex. Myhusband moved down 2 months later. 7 years on we are married with 2 children of our own and about to move to start a new life again. Yes i was wrong to allow my now relationship to happen whilst married, yes i was wrong to marry someone whilst still holding feelings for someone else. Hindsight is a wonderful thing. Life isn't straight forward. Yes I hurt my Ex but my daughter is now safe and happy and so am I. I really hope you find a way to b togeter x Hope your new life works out as happy as this - good luck. x Link to comment Share on other sites More sharing options...
k8bug79 Posted January 4, 2013 Share Posted January 4, 2013 Hope your new life works out as happy as this - good luck. x Thanks so do we. Can't wait for the next chapter Link to comment Share on other sites More sharing options...
sioban Posted January 4, 2013 Share Posted January 4, 2013 Thanks so do we. Can't wait for the next chapter Love a happy ending. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted January 4, 2013 Share Posted January 4, 2013 George you had been together a long time before you got married, the OP situation is different to yours. Although they have known each other along time, they haven't been in a relationship. If want to get married and live in Australia, would be to marry in Australia and lodge onshore partner visa, if rejected could apply to MRT and be able to live in Australia till application is decided. But that would be a long time for the partner of OP not being able to work unless about to get work rights waivered. People who are married can still get Partner visas refused. It is one of the hardest visas to get with amount of information that is required. We didn't claim to have been in a relationship prior to being married...because there is no specific requirement to prove this anyway! We had no evidence to say that we had any ties during the 2.5 years apart. The key, as you say is the information/evidence required. If someone is married 20 years and doesn't have the evidence to prove it, then they will struggle too. The evidence is the most important thing, and it can be difficult to put together, which is why spouse visas can be declined. I go back to what I said before...if the OP wants to get married, then do it because you want to get married. Do it whenever it suits you. Do it tomorrow if you feel like it. Or never do it if you don't feel like it. Don't do it for a visa. Forget the visa situation. Equally...if you want to get married, don't hold off on doing it either because of a visa! You can't apply for the PMV if you are already married. Maybe the OP wants to get married sooner than the 7-9 month PMV processing time...should they hold off on committing their lives to each other to get an 'easier' visa? If a couple genuinely intend to be together and they go into it knowing what DIAC will need from them when the time comes, then it really is do-able. To the OP...you can start your documentation trail any time you want. If you are soulmates and want to be together forever then have you changed your wills to reflect this? Are either of you beneficiaries of wills, or life insurance policies? Surely you would wish to provide for each other in the event of either of you dying? You don't need to be married or in the same country to do this...OK, so now we have wills and life insurance documents dated now which provide a financial commitment to each other in the future...all useful evidence for when the time comes. If you don't want to make these sort of commitments then maybe you aren't ready for marriage...which isn't a bad thing, marriage isn't something I'd suggest anyone rush into. Link to comment Share on other sites More sharing options...
WeegieDave Posted January 4, 2013 Share Posted January 4, 2013 [ATTACH=CONFIG]17910[/ATTACH] Even at age 5 we had a thing for each other....thought I would share this pic taken 34 years ago. We will end up together....somehow :-) Thanks for all the great advice and messages of support. Much appreciated! For kids so young you both looked very natural together.. As you say, Soul mates. Good luck in your future together! Link to comment Share on other sites More sharing options...
bma Posted January 5, 2013 Share Posted January 5, 2013 [ATTACH=CONFIG]17910[/ATTACH] Even at age 5 we had a thing for each other....thought I would share this pic taken 34 years ago. We will end up together....somehow :-) Thanks for all the great advice and messages of support. Much appreciated! Oh my gosh, what a beautiful picture and what a romantic story. Considering you've been both waiting for so long to be together, it's important you do things the right way. Don't rush into anything (regarding the visa), do your research first. Considering you have four children, I see no point in you leaving Australia and move to UK. After all your plan is to stay in Australia, not in UK, so he could (should) come to Australia. Do you work? If you work, can you really afford to loose your job? Who knows whether you'd get a job quickly upon your return to Australia... In my humble opinion it's better to stay where you are (in Australia) and save the money and time and hassle... I agree with "lebourvellec", I think prospective marriage visa is the best option for you. Nevertheless, do start collecting the evidence that you are in the (long distance) relationship; Skype, Messenger logs, emails, mails... Any financial transactions between you two? That's good evidence... After applying for his PMV, your soulmate can come and stay with you in Australia (three months is the limit on ETA visa) and goes abroad before his PMV is finalised (he'll be notified by his case officer). By the way, just for the information for all future onshore 820 applicants; since 24th of November bridging visa A comes with nil conditions - there are no more work restrictions. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted January 5, 2013 Share Posted January 5, 2013 By the way, just for the information for all future onshore 820 applicants; since 24th of November bridging visa A comes with nil conditions - there are no more work restrictions. I saw this info you posted on another thread a few moments ago and instantly thought of this situation. Thanks for posting her too :biggrin: Link to comment Share on other sites More sharing options...
Brisvegasgirl73 Posted September 27, 2013 Author Share Posted September 27, 2013 Hi Guys, I thought I would just give you an update on this thread. I got back from the UK yesterday after seeing my soulmate for the first time since originally starting this thread. We have had a tough few months and I needed to see if my feelings were still 'real' by seeing him. Well no doubt about it...seeing him again just made me love him more and the feeling is still mutual. Leaving was the hardest thing to do and now we are back to where we were...no idea what to do next. He has decided to give up everything to move to Australia to be with me but we don't know where to start. He doesn't have any skills on the list so that won't help. We don't want to wait years to be together and reading back through all your old replies I am more confused than ever as to a plan of action. What is the best thing to do? HELP? Link to comment Share on other sites More sharing options...
Quoll Posted September 27, 2013 Share Posted September 27, 2013 Any chance you could move to UK to be with him? Far easier visa wise! Otherwise Prospective Marriage Visa - gives you 9 months to tie the knot! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.