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Australian and New Zealand residents who are applying for a UK fiancee, spouse or partner visa are now able to get their settlement application fast tracked by the regional British High Commission in Manila. It is important that applicants understand that this priority service is not a guarantee of approval. What it does is put the applicant to the front of the processing queue. It also does not make any difference to the high standards required for granting a UK marriage visa, so anyone who has a previous failed application or have a criminal record or any other problem that is likely to result in the application being turned down is urged not to go to the extra expense of AUS$390 per applicant. This fee will not be refunded under any circumstances and must be paid online in advance. Proof of payment must be sent with the application and it is not possible to pay the fee later once the UK marriage visa application has been made.
The premium settlement application refers to timescale only and all applicants are still required to include the correct paperwork when submitting an application to the UK Border Agency (UKBA). As long as there is no problem with the paperwork or the application in general, payment of the fee generally means that the application can be completed within ten working days of the arrival of the paperwork in the UKBA Manila office. Anyone applying must include the receipt for the payment and it helps to write ‘Priority’ on the envelope. The ten day estimate does not include time spent in the postal system, in either direction.
The premium settlement application may take longer than the estimated ten days if there has been an earlier refusal by the UKBA to grant a UK visa or if the applicant has been denied entry into the UK. In cases in which the applicant has overstayed a period of leave in the UK or has been refused entry or has been deported, they may encounter delays despite paying the priority service fee and the application could be denied. If there are any underlying problems, checks will need to be made and this could cause considerable delay. This will apply to all those who have been refused a visa for Australia, Canada, New Zealand, United States of America or the Schengen countries in the past or has been convicted of a criminal offence anywhere in the world. It is always vital to thoroughly check all paperwork before sending off any UK marriage, partner or fiancee visa application because if anything is missing, out of date or incorrect in any way, there will be extra delays, payment of the premium fee notwithstanding.
Changes made effective from July 2013 now require all US residents who wish to apply for a UK settlement visa as a fiancee, partner or spouse of a British Citizen or UK legal permanent resident to send their applications and supporting documents to the UK Border Agency in Sheffield. Before July, these applications would be made to the British Consulate General in New York who would then forward them to UKBA Sheffield, but the New York office is no longer involved in processing UK marriage visas.
The UKBA office in Sheffield only deals direct with UK settlement visas; these include marriage visas, fiancee visas, spouse/civil partnership visas and unmarried partner visas. Non-settlement visas, for example EEA family permits or visitor visas are still dealt with via the British Consulate in New York. It is also important to note that the UKBA Sheffield is only currently dealing with settlement visa applications from residents of the United States of America as well as non-priority cases from Canada, and Nigeria.
Because the applicant is now responsible for sending the application forms and all supporting documents directly to Sheffield, certain responsibilities now fall on them that were previously the remit of the British Consulate in New York. Original passports and originals of supporting documents must be sent and so the applicant for a UK marriage visa must ensure that they include in the package a completed pre-paid return shipping waybill so that the paperwork can be returned as soon as the UKBA comes to a decision. This waybill must be for the purpose of international shipping. It is advisable to keep the tracking number in a safe place and extra insurance is also advisable. Obtaining replacement documents if any are lost can put a lot of expense onto the shoulders of an applicant. A courier fee which was charged by the British Consulate in New York is replaced by this waybill.
The decision in July 2012 the UK Border Agency (UKBA) to introduce a minimum income requirement for anyone wishing to sponsor a foreign partner, fiancee or spouse to enter the country on a UK settlement visa was widely criticised. It was not just the levels at which this threshold was set but the basic principle that outraged immigration charities and much of the public generally. The minimum income threshold was set at £18,600 for one applicant, with additional sums being required for every additional child. Because this was seen as having a serious adverse effect on family life and general liberties, three individual cases were brought before the High Court. The question at issue was whether the new rules were unlawful and discriminatory.
The High Court judgement which was released to the public in July 2013 was clear that it could not strike down the financial rules as they were not in essence unlawful, but they did recommend a more affordable minimum income threshold of £13,000 for one person as being a more reasonable level and nearer to the median income in the UK. As in all cases sent to the High Court, the Home Office in the person of Theresa May was given leave to appeal.
Until the High Court judgement on the appeal, which was filed on 26 July 2013, is announced, the UK Border Agency (UKBA) will continue to put UK marriage visa applications on hold. Fiancee, spouse/partner and child settlement visa applications will be affected but only where the decision would have been refused on financial grounds alone. Anyone affected will be informed as soon as possible. The UK Border Agency have made it clear that anyone needing to retrieve their passport during this holding period will have to reapply in the normal way.
The High Court judgement was given a cautious welcome by critics of the new financial rules but it is by no means certain what will be the outcome of the Home Office’s appeal. The strong message from the High Court that the minimum income threshold should be reduced may well be taken on board by the UKBA no matter what the new judgement turns out to be but meanwhile, with no date for judgement currently available, many visa applications remain on hold awaiting a decision.
Recent changes to UK immigration rules affecting fiancee, partner and marriage visa applications made under settlement category
A number of changes to the UK settlement visa application process came into effect on 9th July 2012. The changes to the UK immigration Rules apply to individuals from outside the European Economic Area wishing to join their settled partner in the UK on a marriage, fiancee or de facto partner visa. The new threshold amount for sponsoring a foreign partner with no children is £18,600 (the level at which a couple would not receive income related benefits in the UK). If a foreign fiancee, partner or spouse has one dependent that is being sponsored for a settlement visa at the same time as the main applicant this amounts to a total of £22,400 (£24,800 for two children, £27,200 for three et cetera).
It is the view of many UK immigration professionals that the government has made the visa application process needlessly complex. It has been reported that many couples struggle to meet the new minimum income threshold criteria which results in an increased number of UK settlement visa applications being refused on financial grounds. The UK Border Agency officials have been instructed to refuse an incomplete application without reference to the applicant or their sponsor. The documents provided at the time of submission are the only documents that will be considered. In most cases the UK Border Agency will not accept any additional supporting documentation sent later in the process by post, email or fax unless specifically requested by the examining entry clearance officer (ECO) in order to make a final determination of eligibility.
Other changes are equally harsh and many people will fall foul of the new stringency as anyone applying who is unprepared to meet the new guidelines on revised language, the Life in the UK test or other requirements. The two year marriage or relationship rule has now been extended to five years. In some cases this will mean that the UK family immigration process will become so long and costly. If for some reason an applicant fails to fill in forms correctly or cannot meet the new more stringent qualification requirements, the visa application, whether a partner visa, a UK marriage visa or a fiancee visa made under settlement category, will be automatically refused. The UK Border Agency has instructions to follow the new guidelines to the letter and in many cases this will result in a perfectly genuine case with some relevant supporting documents missing being refused on financial or other grounds.
Most people working in the field of immigration administration agreed before 9th July 2012 that there was a very real need for changes to be made to the regulations overseeing visa applications to the UK. However, few expected that these changes would make things much worse for prospective immigrants who were trying to join a family member already settled in the country. The rules have been tightened to such an extent that even a very devoted family will now find it difficult to live together in Britain.
With these changes in mind, it is certainly fair to say that compiling the required paperwork for a UK settlement fiancee, partner or marriage visa application can be very stressful, especially when a foreign applicant and their UK sponsor have no experience dealing with the immigration authorities. With immigration law becoming ever more complicated, MarriageVisaHelp.com decided to stay dedicated to gaining marriage visas in order to deliver the best possible service in this complex field. Professional visa consultants understand the issues faced by couples and families who wish to reunite in the UK, and the challenges of the British immigration system.
For more information, please contact:
Marriage Visa Help
+44 (0)208-144-2544
http://www.marriagevisahelp.com
adm@marriagevisahelp.com
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There are a number of possible visa options for those Australian citizens and residents wishing to bring their loved ones to permanently reside in Australia. In order to obtain a migrant visa that enables Australian citizens and lawful permanent residents (including eligible New Zealand citizens permanently living in Australia) to bring their foreign fiancée, de facto (unmarried) partner or spouse to live and work in Australia, there are many immigration rules and regulations to be addressed.
In order to qualify for a two-year subclass 309/820 provisional partner visa, the applicant and their Australian sponsor must satisfy the initial condition of being in a committed genuine relationship. The couple must either be legally married or able to prove the relationship has been stable and ongoing for at least 12 months. The only way in which the 12 month minimum rule may be waived is if the couple have been together for less than 12 months yet have children together, although if the couple do not have children there is the possibility that the subclass 300 prospective marriage visa could be a suitable alternative.
Australian spouse, partner or marriage visa applications can be made onshore or offshore, depending on the circumstances of the individuals involved, with all applications being processed by either the Australian visa-issuing posts overseas for offshore applications, or the Department of Immigration and Citizenship (DIAC) in Australia. Since July/August 2010, the DIAC have changed the application process and the consequent processing times, with all applications now being handled under global management, with two DIAC officials (a Global Manager based in Brisbane and a Global First Stage Manager in Sydney) leading the processing of all Australian partner visas.
Prior to these changes, Australian partner visas could be processed relatively quickly, with the average being two – three months for most countries and some clear cut cases completed in 1 – 10 days (through the Australian High Commission in London, England for example). The changes of the last few months of 2010 has seen these times increased considerably, with even the most complete applications taking between 5 – 6 months to be approved. However, it has recently been noted that some Australian spouse, marriage or partner visas have been processed in around one – two month if they have been judged as ‘clearly approvable’, so it is certainly worth gaining expert advice to present a strong application.
The price of lodging an Australian spouse, marriage or partner visa application has also increased in 2010, with the current price standing at AUD$1,735 when made outside Australia, and AUD$840 (extension of stay for those who initially entered Australia on a valid subclass 300 fiancée visa, married their sponsor and didn’t overstay their initial nine-month visa) / AUD$2,575 (all other applicants wishing to obtain a temporary partner visa) for onshore applications. All fees are payable in Australian dollars or in a currency accepted by the Australian High Commission, Consulate or Embassy where the application is being lodged.
Marriagevisahelp.com is a specialised visa consultancy that is able to support your Australian partner visa application every step of the way. Since 2007, Marriagevisahelp.com has provided individuals with the highest quality one-to-one assistance in Australian spouse visas, fiancee visas and de facto (unmarried) partner visas. Highly regarded for its100% success rate in securing Australian migrant visas for people and their families, Marriagevisahelp.com is dedicated to delivering a personal service at what can often be a very stressful time.
For more information visit: subclass 300 prospective marriage visa
JCWI Voices UK Language Test Concerns (Date: 01.12.2010)
Almost as soon as the new English language test came into force on 29th November there have been criticisms of the scheme.
The most vocal organisation is the Joint Council for the Welfare of Immigration (JCWI), whose concerns regarding the fairness of the new test are gaining extensive publicity. The JCWI is calling for people to contact their local MPs in order to help publicise what it sees as a series of unfair and unequal requirements arising from the test.
Read more about JCWI Voices UK Language Test Concerns
UK Marriage Visa Fee Increase (Date: 22.11.2010)
Beginning 22 November 2010, processing fees for the UK settlement visas most often applied for by fiance(e)s, partners and spouses of British Citizens and lawful permanent residents will increase from current £644 to £750 or the equivalent in foreign currencies.
Read more UK Marriage Visa Fee Increase
Information Regarding the New English Language Test (Date: 19.11.2010)
Following the announcement by the UK Border Agency (UKBA) on 26th July 2010, the new English language test is set to come into force on 29th November 2010.
Read more Information Regarding the New English Language Test
The visa application fees for offshore prospective marriage (fiancée) visa and temporary marriage and de facto partner visa will increase from previous AUD$1,705 to $1,735. read more at marriage visa help
An American mother living in Scotland has been given bittersweet news this Christmas.
Angela Faye Smith, 41, had been facing deportation following the breakdown of her marriage and an unsuccessful visa application. Ms Smith, who had initially entered the UK on a marriage visa, had been informed that she would need to leave the UK on 13th December as her application had been rejected and, as she did not have possession of her two children’s passports, she would have to leave them both in the UK when she was made to return to the USA.
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