Unmarried Visa Appliaction

[owenwg1]

Hi all,

I am a British Citizen looking to bring my Australian girlfriend into the UK. We have been living together for 18 months in Australia. I read that the minimum time is 24 months living in a married type environment to be eligable.
Is the UK immigration strict on this timeframe or has anybody experienced any flexibility??
Also what documentation is required to prove our relationship??


She wants to be able to work and we are not interested in the UK immigration timeframe for marriage on a fiance visa.

Any comments appreciated

[John]

Is the UK immigration strict on this timeframe

Yes, it is! Any less than 24 months living together and there is no possibility of getting an UPV.

Of course getting married would cut out the need for any particular minimum time together, but you probably already knew that.

[owenwg1]

Thanks John.

Does the marriage have to be conducted in the UK or can we get married back in Oz and apply for a spouse visa in the UK when we return or go through the overseas application again??

Regards

[John]

owenwg1, the UK recognises as legally valid any marriage conducted outside the UK that is considered to be legally valid in the place where it takes place. That is, if the two of you get married in Australia then if the marriage is legally valid in the eyes of Australian law then the UK recognises it also. (In accordance with the UK's Foreign Marriages Act 1892 (yes 1892!).)

So if the two of you marry in Australia, your wife (as she would be) will then apply in Australia for a spouse visa. Such visa would be of two years duration and would permit your wife to work as soon as she gets to the UK.

An alternative plan would be that your girlfriend applies in Australia for a fiancée visa. This would be of 6-months duration, the idea being that the marriage would take place in the UK within that 6-month period. Following that marriage in the UK there would need to be an in-UK application to convert the fiancée visa into a spouse visa. The holder of a fiancée visa is not allowed to work .... until that visa is converted into a spouse one following the marriage.

Do appreciate that getting married abroad (outside the UK) cuts out the need to convert the fiancée visa into a spouse visa ... and thus cuts out the £335 (by post) or £500 (in person) cost of such an application.