Onshore Spousal Visa from Tier 5

[mrplat47]

Hi all,

Firstly, apologies if this is written somewhere but I'm struggling to find anything about it.
I'm a British citizen living in the UK with my Australian partner who came here on a Tier 5 Youth Mobility visa to join me in the UK, valid from Aug 17 - Aug 19. We have been together for nearly 5 years.
We are weighing up our options for him to remain here. From what I've gathered, we can apply for an FLR(M) using the online application, but I just have a few questions about it:

1. As he is already here, but not on a spousal visa, we will have to get married or enter into a civil partnership to be eligible?

2. We will have to apply at least 6 months before the expiry of his current visa?

3. The current cost is £1073 + £500 NHS? Is this payable again after the 30 months to extend his stay?

4. If we were to apply for this visa now and after 30 months decide to go back to Australia for say a year, what visa options would we have if we wanted to return to the UK in the future? Would we have to apply for a partner visa, and pay the fees all over again??

Thanks very much

[Casa]

Hi all,

Firstly, apologies if this is written somewhere but I'm struggling to find anything about it.
I'm a British citizen living in the UK with my Australian partner who came here on a Tier 5 Youth Mobility visa to join me in the UK, valid from Aug 17 - Aug 19. We have been together for nearly 5 years.
We are weighing up our options for him to remain here. From what I've gathered, we can apply for an FLR(M) using the online application, but I just have a few questions about it:

1. As he is already here, but not on a spousal visa, we will have to get married or enter into a civil partnership to be eligible? A civil partnership is for same gender partners. If you have solid documented evidence of living together in a relationship 'akin to marriage' you could apply for FLR(M) as Unmarried Partners.

2. We will have to apply at least 6 months before the expiry of his current visa? No. You must apply before his current visa expires.

3. The current cost is £1073 + £500 NHS? Is this payable again after the 30 months to extend his stay? Yes. If you apply in person and not by post, you will have pay an additional £610.

4. If we were to apply for this visa now and after 30 months decide to go back to Australia for say a year, what visa options would we have if we wanted to return to the UK in the future? Would we have to apply for a partner visa, and pay the fees all over again??
Yes

Thanks very much

Do you meet the minimum income level of £18,600 p.a

[mrplat47]

Thanks for your response! Yes I do meet the income requirement.

Hi all,

Firstly, apologies if this is written somewhere but I'm struggling to find anything about it.
I'm a British citizen living in the UK with my Australian partner who came here on a Tier 5 Youth Mobility visa to join me in the UK, valid from Aug 17 - Aug 19. We have been together for nearly 5 years.
We are weighing up our options for him to remain here. From what I've gathered, we can apply for an FLR(M) using the online application, but I just have a few questions about it:

1. As he is already here, but not on a spousal visa, we will have to get married or enter into a civil partnership to be eligible? A civil partnership is for same gender partners. If you have solid documented evidence of living together in a relationship 'akin to marriage' you could apply for FLR(M) as Unmarried Partners.

We are same gender partners. We have a copy of our lease from 2014 where we lived before I moved back to the UK, but are probably lacking on any letters or anything addressed to us there.

2. We will have to apply at least 6 months before the expiry of his current visa? No. You must apply before his current visa expires.


Ok cool, so we can apply anytime up to his visa expiration date, and then he transfers to a bridging visa presumably if a decision is not made before his current visa is up? Would he maintain the work rights on his current Tier 5 during the transition period?

3. The current cost is £1073 + £500 NHS? Is this payable again after the 30 months to extend his stay? Yes. If you apply in person and not by post, you will have pay an additional £610.

Yes to both?

4. If we were to apply for this visa now and after 30 months decide to go back to Australia for say a year, what visa options would we have if we wanted to return to the UK in the future? Would we have to apply for a partner visa, and pay the fees all over again??
Yes

Brutal!

Thanks very much

[Casa]

Thanks for your response! Yes I do meet the income requirement.

Hi all,

Firstly, apologies if this is written somewhere but I'm struggling to find anything about it.
I'm a British citizen living in the UK with my Australian partner who came here on a Tier 5 Youth Mobility visa to join me in the UK, valid from Aug 17 - Aug 19. We have been together for nearly 5 years.
We are weighing up our options for him to remain here. From what I've gathered, we can apply for an FLR(M) using the online application, but I just have a few questions about it:

1. As he is already here, but not on a spousal visa, we will have to get married or enter into a civil partnership to be eligible? A civil partnership is for same gender partners. If you have solid documented evidence of living together in a relationship 'akin to marriage' you could apply for FLR(M) as Unmarried Partners.

We are same gender partners. We have a copy of our lease from 2014 where we lived before I moved back to the UK, but are probably lacking on any letters or anything addressed to us there. The Case Worker will want to see more than a joint tenancy. You are also required to submit evidence of shared finances, such as both names on bills and joint finances covering a full 2 year period. If you don't have this you should consider a Civil Partnership.

2. We will have to apply at least 6 months before the expiry of his current visa? No. You must apply before his current visa expires.


Ok cool, so we can apply anytime up to his visa expiration date, and then he transfers to a bridging visa presumably if a decision is not made before his current visa is up? Would he maintain the work rights on his current Tier 5 during the transition period? Yes as he will be protected by Section 3c leave until the application is decided.

3. The current cost is £1073 + £500 NHS? Is this payable again after the 30 months to extend his stay? Yes. If you apply in person and not by post, you will have pay an additional £610.

Yes to both? Yes

4. If we were to apply for this visa now and after 30 months decide to go back to Australia for say a year, what visa options would we have if we wanted to return to the UK in the future? Would we have to apply for a partner visa, and pay the fees all over again??
Yes

Brutal!

Thanks very much

[mrplat47]

Thanks ever so much for your help