Australian partner working in UK

If you go to the UK Home Office website Hone Office you should get all the information you need with regards to your partner's rights/requirements as far as work goes. From memory, unless she is actually married to you I don't think there is much chance of her obtaining a work permit unless she has UK ancestry or something similar. If you are married i believe your partner can then apply for some kind of spousal visa, forgive my apparent vagueness but it's been a while since I looked on this website and our work internet has barred access so I can't be more precise. I suggest you visit the website and have a look around.

Try to post it also on: immigrtionboard.com

Hi mate, I'm going through something similar at the moment. This is what my research has found:

The easiest way for your partner to be able to live & work in the UK unrestricted is for her to get a EU FAMILY PERMIT. You would need to be, at the very least, "living" together for 2 years and be able to show proof of this I.e documents showing the same address - lease, bank statements, tax office letters etc. On applying, so your partner isn't deemed a social security risk, you also "both" need to show proof of funds. (I don't know exactly how much is needed, I presume $5k AUD each though).

The permit is issued for 6 months at a time and is easily renewed in the UK as long as she is still with you. Once your partner has been in the UK long enough she can apply for British citizenship.

So in other words, you would need to wait another 21 months to claim defacto, or you would need to get married enabling you to then apply for this permit as soon as you need it.

This permit is cheap. It only costs about $15 (to cover return postage) and they are issued fast - usually within 2-3 weeks.

www.bhc.britaus.net/Visas/visadefault.asp?id=354<BR><BR>OR...<BR><BR>After marriage or 2 years living together your partner could apply for a "settlement visa". Same sort of process as above, but they last for 4 years. The downside is, they cost
$1300 and take 3 months to issue.

www.bhc.britaus.net/Visas/visadefault.asp?id=353<BR><BR>Both visas are to be applied for while still in AUS through the British High Commission based in Canberra. www.bhc.britaus.net/Visas/visadefault.asp?id=44<BR><BR>

Aside from some other incorrect points, #3's advice doesn't work if you're a British citizen and want to move back to the UK from Australia. It's for non-British EU citizens moving to the UK, or for British citizens moving back to the UK from another EU country.

Now, if you want to move to say, France, then yes, your girlfriend could join you under EU rules. You do have to show a true and continuing relationship, or whatever the phrasing is. Basically you have to show that you've been in a marriage-like relationship for at least two years.

How old is she? If she can get a WHV she can spend the 2 years in the UK. If you're still together at that point and want to continue to live in the UK, you can apply for a spousal visa(as common-law wife). If she does get a WHV and enters the UK that way, be sure you enter separately though. You can get off the same plane, just don't mention to Immigration that you are a couple. It would complicate things in their minds.

You enter as UK national. She enters as WHV holder who intends to stay with a friend (you) if asked and do some work and travel as per the terms of the WHV.

The problem with this is that she would only be able to work as per the terms of the WHV, which could hamper things if she were looking for a serious job. An employer looking for a permanent employee is not likely to want to hire a WHV holder even if she says she intends to stay permanently. Her paperwork just wouldn't substantiate that statement.

Otherwise, above is correct. It's 2 years to prove a common-law relationship.

Ah just noticed she is 34. Too old for a WHV. Back to the drawing board.

Short answer, you're screwed. 2 years or nothing.

Does she have any ancestors from an EU country? If so she may qualify for citizenship or some form of ancestry visa

Failing that - there's always the wedding route. Either marry her in Oz or get a fiance(e) visa to get married in the UK within 6 months

Otherwise as #6 says, you're screwed - especially as the 3 months living together count for more than the 18 months you've been seeing her

You don't need to be married anymore - the UK has moved with the times and recognises defacto but marriage or defacto of less than (I think) 2 years - you have to proove it - common bank accounts, rental leases, bills with both names on it , property owned etc - so start collecting paper. Its expensive in NZ I was quoted NZ$2000 or similar. Ancestry is worth persuin - any EU remember not just UK - but that may only give permission to work in say France or Eire which is not the same as the EU citizen right to work in the EU. BTW I would keep your options open and get your ozzie citizenship as well

Thanks for this folks. So to summarise, my best bet is to continue to live with my partner (it will be 15 months by the time we wish to go) and to get as much evidence of this as possible in the way of banks statements, bills, leases etc.

There were a few websites listed above; given the approach that I will be taking, which one do I need to apply via, as I might ask about my/our chances as far ahead of time as possible.

Thanks, Steve