Advice please: UK citizen marrying an Australian - Page 9

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Advice please: UK citizen marrying an Australian - Page 9


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  #81 (permalink)  
Old 06-11-2017, 09:36 AM
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Hi again everyone,

Rather than create clutter by starting a new thread, I thought I'd do an update on my original one. I've done loads more research and talked briefly with a migration lawyer and these seem to be our options (we are still deciding which place we will make home for the next little while - UK or Australia). Can one of the wonderful experts (Skybluebrewer? Mish? JanneKL? ampk? sheilae?) who have already helped out with this thread confirm if I have this correct, and if there is anything else I need to consider?


OPTION 1 - we get married in the UK and live in the UK
  • I apply UK fiance visa (1,464/$2478) while in Australia and wait ~12 weeks for approval. He needs to be earning at least 18,600.
  • I travel to the UK and we have ~6 months to get married (need to give 28 days notice). I cannot work in this time.
  • Can do just registry marriage (costs around 150) if we want and have a celebration later.
  • Once married, I apply for spouse visa FLR(M) (Further Leave to Remain) (993/$1681 from within UK).
  • I wait ~8 weeks for approval and I cannot work in this time.
  • Once granted, I can work and can then stay for 2 years and 6 months, at which point I renew for another 2 years and 6 months
  • I pay 200/$338 every year to access NHS, so 200 x 2.5 = 500/$846.
  • After 5 years' continuous residence in the UK, I can apply for Indefinite Leave to Remain (ILR). As the spouse of a British citizen, I can apply for citizenship as soon as I have ILR and have passed the Life in the UK test. Cannot be absent for more than three months in every year.


OPTION 2 - we get married in Australia and live in Australia
  • He applies for Australian Prospective Marriage Visa (4134/$7000)
  • He waits in the UK between 3-5 months for approval.
  • He moves to Australia and can work immediately on the PMV.
  • We have ~9 months to get married.
  • He can then apply for the 820 temporary partner visa (676/$1145) - can take anywhere from a few days to a few months. On the 820, he can work and access Medicare.
  • After two years, you can apply for a permanent partner visa.
  • You need to be on partner visas for four years before you can then apply for citizenship.


OPTION 3 - we get married in the UK and live in Australia
  • Get married in Scotland on a marriage visitor visa (87)
  • He applies for a 309 visa while I go back to Australia.
  • When 309 visa is approved, he moves to Australia.


OPTION 4 - we get married in Australia and live in the UK
  • He comes to Australia on tourist visa in August. Visa musty not have “no further stay” conditions. He can't work on this visa, but can stay up to 12 months, at three month intervals (must leave Australia every three months, even just to go to NZ)
  • We get married (We have to give 28 days notice/he doesn't need to be present to give notice).
  • He goes back to UK.
  • I apply for the spouse visa and wait ~12 weeks for approval, then move to the UK.
  • I can work as soon as I arrive on the spouse visa.

***I think what we are looking for is an option to get married officially (registry or very small celebration style) in one place and then move to the other place where we'd have a bigger celebration in 12 months or so.

***I am also potentially trying to find a way for us to both be able to live and work in Australia for a year (I'd like one more year with family/elderly relatives), then move to Scotland. However, the only way to really do that is for him to get the PMV and come to Australia and work, we get married within nine months and then we move back to the UK. But at 4134/$7000 that seems a really expensive way of going about things.
Quite obviously, both country's visa streams are aimed at marrying and then staying in that country - and I think I read Australia used to have it the other way around (PMV was the cheaper visa).

***Can anyone offer any more suggestions or things I might have overlooked? We're basing our decisions on the above, so it would be great to know if I have anything wrong at this point, or if someone thinks one option far outweighs the others...Particularly in light of the recent UK election/Brexit etc etc.

***Having a baby is on the horizon in the near future - so any comments on having a baby in the UK v Australia also very much appreciated.

***He's also concerned about being out of the UK for a while (for example, a year while we live in Australia) and then having to go back and meet the 18,600 requirement. Would he still need to do that if we were married, and had been living together in Australia a year? Does he have to be working at that salary for a certain amount of time? Is this a risky move?

***I'm also curious to know if the UK marriage visa + 309 is even a viable option, given I've read you need a fair bit of evidence for the 309. We'd be married, yes, but don't classify as defacto and wouldn't have any joint finances/bills etc together if I am just going to Scotland to get married and then come back and wait for him to get the 309.

Thank you, in advance, for all your help so far. This is such a wonderful resource - australianforum.com is always at the top of any online searches I'm doing during my research

Almost there!


Last edited by TazCaz; 06-11-2017 at 09:50 AM.

  #82 (permalink)  
Old 06-11-2017, 11:00 AM
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Join Date: Sep 2013
Posts: 6,984
Users Flag! From australia

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I would probably start a new thread - not including irrelevant stuff than you and others have possibly put in 9 pages of posts.

Myself and I think the others do not take a personal point of view on your comments or circumstances - but just reply as to what is written (not by whom).

A new thread with a overview and your last "options" would be easier for us to remember your history than re read it all. We read and reply to many posts of similar nature by many persons and often with similar names as an original OP.

Short posts are best for getting info in my opinion.

P.S. none of us are experts or claim to be, we simply know a little more than most in a limited area of migration and are happy to warn/help others to avoid visa rejections if possible.


  #83 (permalink)  
Old 06-11-2017, 11:03 AM
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Join Date: May 2017
Posts: 47
Users Flag! From australia

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Quote:
Originally Posted by ampk View Post
I would probably start a new thread - not including irrelevant stuff than you and others have possibly put in 9 pages of posts.

Myself and I think the others do not take a personal point of view on your comments or circumstances - but just reply as to what is written (not by whom).

A new thread with a overview and your last "options" would be easier for us to remember your history than re read it all. We read and reply to many posts of similar nature by many persons and often with similar names as an original OP.

Short posts are best for getting info in my opinion.

P.S. none of us are experts or claim to be, we simply know a little more than most in a limited area of migration and are happy to warn/help others to avoid visa rejections if possible.
Thanks ampk - wasn't sure what the protocol was! On some forums you get in trouble for starting a new thread about a topic you've raised before

ampk likes this.

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  #84 (permalink)  
Old 06-11-2017, 12:18 PM
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Join Date: Sep 2013
Posts: 6,984
Users Flag! From australia

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This is a casual site, don't get in trouble for much. I only got a warning for a very nasty reply to a obvious visa abuser.

It is far easier to reply to a individual than many in a thread, also many posters learn lots after a few posts and comments. This makes terminology often better in later posts.

Also RMA's seem to only comment on newish threads, not very contaminated ones.


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