Guest Allybinoz42

Immigration agent lawyer

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    Guest Allybinoz42

    Hi,

    I have a Australian husband and two children, I am British citizen, as well as holding Aussie citizenship, we are looking into going back to the UK in the near future but the spousal financial requirements are causing us grief! A spouse has to have an sponsor ( partner) earning $18,000 from a job in the UK held for 6 months before applying!

    We would like to find a lawyer who knows UK immigration law before applying to make sure we get it right. Any recommendations?

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    Can't help on recommendation but take a look over on our sister site, Poms In Oz as this subject is being discussed as there are many in the same boat. There might be something there.

     

    Are you able to meet the one off amount? Something like £62,000? Or are you able to work to meet the requirement? There is little wiggle room on it all it seems and if you have children it increases the amount also.

     

    Another thing is the ancestry visa which I know some people use. Think it has to be British grandparents.

     

    Or perhaps going the skilled route but not sure how or if that would work.

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    As far as I'm aware if you've also got children the threshold that you need to be earning to support your family will be higher (not sure by how much). These are relatively new rules designed to stop marriages of convenience I believe.

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    Wow, I had no idea it was so hard to take a spouse back to the uk.

     

    Nigh on impossible for many now :/

     

    It's catching lots of people out. I feel for all involved but those with kids and those where the sponsor is a SAHM or only working part time or some such, they won't ever meet the financial requirement or can but only if they go back to full time work etc. And would have to leave their family for 6 months to go do said work to meet the requirements etc.

     

    I really don't get why they could not have done the old no recourse to public funds for 2 years or something. Much more sensible and means the applicant can't just claim benefits etc as soon as they arrive. That is what they are basically trying to avoid people doing with this financial set up now.

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    Last I read there was some kind of loophole (which you could ask the lawyer about) whereby if you live for three months in Europe before going back to the UK (possibly live and work) then your OH will get European citizenship which entitles him to go live in Britain as a European. Fancy a bit of a (working) holiday first?

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    As far as I'm aware if you've also got children the threshold that you need to be earning to support your family will be higher (not sure by how much). These are relatively new rules designed to stop marriages of convenience I believe.

     

    I think children only add to the finances required if they are not British citizens themselves.

     

    I agree with snifter that a clause prohibiting access to public funds would be a much kinder and simpler way to achieve the same result. You do wonder if these new rules were really thought through properly - they seem more like a knee-jerk reaction to address a particular problem but have caught out a far wider cross-section of people. Being in an Anglo-Australian partnership you seem to cop the worst of it wherever you are! I am just waiting on my Australian citizenship ceremony so at least that side of things will be sorted soon.

     

    As for stopping marriages of convenience, if you are rich you can still do it no problem!

    Edited by Anne B

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    Well all I can say is it's a good think I don't want to take my Aussie boyfriend back! Hopefully if I ever get to that point they will have seen sense and changed the rules.

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    Guest davistev

    wow -so how do families( non-EU spouse) move to the UK once working overseas ?

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    Guest Allybinoz42

    Yes it is totally insane, one Aussie dad the UKBA tried to deport although they had 3 kids and had been married 14 years!

     

    You can't go back unless you have 625000 pounds or a 18600 a year job that you have already held for 6 months.

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