# Marriage in australia then applying for a UK Spouse visa vs entry uk on a fiancé visa



## fingerscrossed (Jul 25, 2014)

Hi everyone, 

Myself and my partner are currently in her home country of Australia, we are considering a few options for getting us both back into the uk…were struggling to clarify and have a couple of questions.. if anyone can offer any advice / guidance on any of them it would be very much appreciated.

1. applying for a fiancé visa whilst in Australia,

Q>Can do this at a UK embassy)? entering the uk as a fiancé and then marrying in the uk.. would be quite costly having to pay for both spouse and fiancé visas.


2. getting married in Australia and then applying for a spouse visa to the uk… 

Q> can we do this??!! will a marriage in australia be acceptable to the uk immigration authority? I have read cases where people have been married in Australia and there have been issues with UK immigration granting a marriage visa……


3. Returning to the uk with my partner on a visitor visa for 6 months and then applying for an unmarried partner visa. ( after 6 months in the uk we would have 2 years of co-habitation however - 3 months of this would be living in astralia in her parents house)

Q>she had been living in the uk on a youth mobility visa for just less than 2 years up until last week and would return with me in august this year, would she be likely to be let back in for the full 6 months? and are the unmarried partner visas safe? I've heard most are refused
Q> would 3 months living together in australia with no bills or official documents in our name be classed as 'living in a relationship a kin to marriage'?



…..Were struggling to get clear answers about each of these options, any advice or guidance would be very much appreciated, 

Thank you all very very much for any help you can offer!


(ps I am a british citizen, my partner is australian)


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## Crawford (Jan 23, 2011)

Get married in Australia and then apply for a spouse visa. Simple and much cheaper than other options. Australian marriage certificate perfectly acceptable.

With no skeletons in the cupboard the process should take two to three months, once you have all the documentation.

There are financial requirements which the British citizen must comply with.

Read the following document carefully to see how you qualify:

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf


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## secretlobster (Mar 2, 2015)

You don't apply for a visa at an embassy, you apply online. The UK embassy doesn't really have anything to do with immigration.

The country in which your marriage takes place doesn't matter. If people you know were denied a spousal visa, it was because they didn't meet the requirements in some way; it wouldn't have anything to do with the country in which the marriage occurred.

The unmarried partner visa requires you to be living together for two years. Three months would not be nearly long enough to fulfil this.


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## fingerscrossed (Jul 25, 2014)

Thanks for your help so far guys, I just checked re the embassy on .gov.uk, and as you've said, it seems the UK consulates have nothing to do with visa issues. This was another incorrect piece of information given to us by our previous 'immigration lawyer'... sigh! 

Just to clarify- If we return on the visitor visa and have 6 more months living together in the uk, it will add up to 2 years living together. Three months of this would have been living in australia, for which we wont have any joint bills etc.


Thanks again for any further suggestions on our options


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## nyclon (Apr 3, 2011)

Living together on a tourist visa will not count towards the 2 year cohabitation required to prove you are unmarried partners. Your best option is to marry in Australia and apply for a spouse visa provided you meet the financial, accommodation and relationship requirements.


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## fingerscrossed (Jul 25, 2014)

nyclon said:


> Living together on a tourist visa will not count towards the 2 year cohabitation required to prove you are unmarried partners. Your best option is to marry in Australia and apply for a spouse visa provided you meet the financial, accommodation and relationship requirements.




Thanks @nyclon, can I ask, would the UK visa service accept an australian marriage certificate or would we need to get an Australian authority to legalise it (?apostille/authentication)


We have all our documents over here but Im worried about time, as we have to give a month notice and by that point we will be applying in June.. and my most recent pay slip from work will be dated 27th April. Would the missing May payslip be grounds for refusal? I might be able to get a may slip sent over from the UK but after that (from June-Aug) I will be on unpaid leave.


Thanks again for your advice, its much appreciated


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## nyclon (Apr 3, 2011)

As long as your marriage is legally recognised in Australia, it's fine. There is no need for it to be authenticated by anyone.

You most recent pay slip, bank statement and the letter of employment can be no more than 28 days old at the time of online application. If you apply in June and your most recent pay slip in from April you are pretty much guaranteed refusal.


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## Crawford (Jan 23, 2011)

fingerscrossed said:


> Thanks @nyclon, can I ask, would the UK visa service accept an australian marriage certificate or would we need to get an Australian authority to legalise it (?apostille/authentication)
> 
> 
> We have all our documents over here but Im worried about time, as we have to give a month notice and by that point we will be applying in June.. and my most recent pay slip from work will be dated 27th April. Would the missing May payslip be grounds for refusal? I might be able to get a may slip sent over from the UK but after that (from June-Aug) I will be on unpaid leave.
> ...


What category are you applying under A or B? You mention giving notice - are you leaving your current job?


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## fingerscrossed (Jul 25, 2014)

Thanks for your replies Nyclon and Crawford... 

You have raised an issue with which financial category to apply under.

I was planning on applying under category A.. but I am now a bit concerned as to whether this would work. I have not quit my job, but to go with my partner to Australia, I have taken a period of paid annual leave which runs until 22nd June and then a period of unpaid leave from 22nd June until 17th August, I will return to work with my current employer on the 18th August.


I currently have 6 months of payslips and bank statements here with me in australia, the most recent one dated 27th April 2015. We need to serve a month of notice to the actual marriage celebrant before we can get married in australia, meaning the earliest I can apply for our spouse visa will be over a month from now.

I should be able to get a payslip for May (dated 27th May) as I will receive holiday pay at my normal rate, however, after this I am on unpaid leave until i return to work in august. I will struggle to get a bank statement sent across for may though.

I have read all of the guidance notes on .gov and some previous posts on here. However, I am unsure as to whether I should/can apply for Part A or not now. I will most likely be on paid annual leave at the time of application and should be able to get the most recent payslip sent over. That is hoping we can get everything booked, ceremony etc. in time. If it runs later, I will be on unpaid leave and will not receive payslips.

I hope that make sense. Can anyone offer guidance as to the most sensible route to take with the financial option A or B? 


Thank you again in advance..the help given on here is literally lifesaving.


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## fingerscrossed (Jul 25, 2014)

fingerscrossed said:


> Thanks for your replies Nyclon and Crawford...
> 
> You have raised an issue with which financial category to apply under.
> 
> ...


Ive noticed in other threads when people are on unpaid maternity leave they have been advised to submit the slips for the 6 month prior to their mat leave. My leave is not mat/paternity leave though. it is simply unpaid leave which has been granted to allow me to remain with my partner when she returned to australia


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## fingerscrossed (Jul 25, 2014)

I think the original thread question has been answered.. thank you

We would still really appreciate some guidance on the financial category and how my unpaid leave might affect it, but I have opened a separate thread : 

http://www.expatforum.com/expats/br...tegory-affected-unpaid-leave.html#post7164834

thanks again everyone


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## nyclon (Apr 3, 2011)

Let's keep your story all in one thread. 

Have you read through FM 1.7 which details the financial requirements?

To apply under Category A you have to have earned £1550 each month if you are in salaried employment for the the 6 months immediately preceding your online application and you must still be employed and earning that amount. They take the lowest pay slip and multiply by 12. Your most recent pay slip, bank statement and letter of employment at the time of application can be no more than 28 days old. These are all required documents. You should also include your P60 and contract.

Taking unpaid leave is not the same as being on maternity leave. If apply when you are unpaid leave you will be refused as your most recent pay slip will indicate that you are not earning the required amount.


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## fingerscrossed (Jul 25, 2014)

Understood, will keep it all in here. thanks for your response @nyclon, its much appreciated

I have read through the FM 1.7 and FM-SE, I read the required18,600 pre tax annual income/ 1550 p/month and I'm fortunate to have that level for the 6 months prior to my application, the last month will be all holiday pay but will still be the required amount. I can get the letter of employment, payslip and hopefully bank statement for may and submit before the end of june whilst they are still under 28 days old.

I will still be employed and earning the required amount at the time of my application and until June 22nd by which we are hoping to have used the priority service to get our response. However, after that I have this period of unpaid leave for just over a month before i return to work on my regular pay in august. Could this be an issue? Slightly worried now, 

thank you again for your help


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## nyclon (Apr 3, 2011)

I think the key thing along with the documents being no more than 28 days old at the time of online application is that you are still employed and still earning at least £18,600/year. If your employer is contacted will they confirm that? If so, I think it should be ok.


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## fingerscrossed (Jul 25, 2014)

Thanks again @nyclon for your reply, 

Yes, my employer will be able to confirm i am still employed and even with the unpaid leave my annual income will be above the threshold.

I will just have to make sure we get all this done in the next month then to keep the documents under 28 days old. Is there any option at all if we cant get our ceremony and appointment at the visa centre all sorted before the 28 days passes? slightly tight deadline.

Thank you so much again


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## nyclon (Apr 3, 2011)

Unfortunately, no. Documents can be no more than 28 days old at the time of *online application* not when you submit things at the VAC. So, you just have to submit the online application when the documents are still within the 28 day timeframe.


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## fingerscrossed (Jul 25, 2014)

I see, online submission, that makes a difference. So as long as we get the application done online whilst our documents are still under 28 days old, the VAC will accept them, even if they are over 28 days by the time we get to submitting the actual papers in person?

are there any hidden rules about how quickly post application online that you have to get yourself to the VAC? 

Thank you genuinely again, sending you a virtual beverage


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## nyclon (Apr 3, 2011)

It needs to be within a reasonable period. When you apply online you should be prompted with a list of available dates to submit your documents and biometrics. Also, don't forget you need to register on the IHS site for a reference number to prove that you are not liable for the NHS Surcharge.

https://www.gov.uk/healthcare-immigration-application/when-you-need-to-pay


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## fingerscrossed (Jul 25, 2014)

Thanks again, we had seen re the health surcharges and worked out that she wouldnt have to pay but haven't yet registered on the site etc.

Our plan now for marriage in the aus then a return to the uk, which were hoping might work is...

1. meet with marriage celebrant asap to complete notification to marry - birth certificates, passports, drivers license all ready

2. wait for the 1 month period required before the ceremony (though we will be discussing an option to shorten this which can be granted by certain persons in australia for certain very limited reasons eg. illness, legal procedures, travel plans, errors in processing made by the marriage celebrant).. I dont think we will qualify

3. hold the marriage ceremony just over one month later, with her family all present as witnesses, unfortunately with this being a bit of a last minute change of plan.. my family will only be present via skype.. 

4. Obtain the marriage certificate and apply online straight away for the UK spouse visa, under financial category A. book in at a Visa centre in Australia and request priority, then hopefully be granted the spouse visa.

5. return home to the uk, happily ever after etc!


.... I just wanted to ask if there are any obvious holes in that plan? I am compiling a documents list to see if we have everything. hopefully we will as this has already been collected and brought to Australia for or original plan of a uk fiance visa

My main concerns:
1. is there a rule about how soon after the marriage ceremony that you can apply for the spouse visa?
2. will there be a legal issue with my family members not being present at the ceremony?
3. what on earth happens at the visa application centre? do you just hand in the documents and leave? or should we expect an interview?


Thank you all so much again for your advice..


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## nyclon (Apr 3, 2011)

You can apply as soon as you have all the required documents. Obviously you'll need the marriage certificate either an original or certified as original by the issuing authority.

There is no requirement to have family at your wedding.

You turn in your documents and you have biometrics taken which is fingerprints and a photo.


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## fingerscrossed (Jul 25, 2014)

Thanks again @nyclon, 

Were working through the different documents on the .gov website, and getting a bit lost in what seem to be endless pages of FM's and appendices. We've read the guide to supporting documents and wondered if we could get a bit of a pointer as to whether were on the right track with what were submitting and filling in

We understand so far that we need to:
> get the health reference number from IHS website, 
>submit the online application on the visa4uk website for a spouse visa (havent done this yet) 
>complete appendix 2 VAF 4A 'financial requirement form' (NOT SURE IF WE NEED TO COMPLETE ANY OTHER APPENDICES)
>book in for a vac centre, submit printed copies of the online application from visa4uk, submit appendix 2, submit all the below evidence, complete the biometric requirements at the same time

then according to the guide to supporting documents:

Applicants ID docs:
current passport ( no previous passports in her possession)
One correctly formatted passport picture
doesn't need a tb test or english language requirements as shes australian

Sponsor ID docs:
Photocopy of the passport bio page
(UNSURE IF I NEED TO COMPLETE SU07/12 THE UKBA 'SPONSORSHIP UNDERTAKING FORM' OR WRITE SOME KIND OF LETTER??)

Proof of relationship:
Australian marriage certificate
Photos of us over the past 2 years including ones with both our families and the wedding ceremony
joint bills and previous tenancy agreement
flight tickets for us both showing my trip to australia to meet her family
sms and call records

Sponsors Finances:
6 months of origional pay slips from the above employer
6 months of bank statements - verified as origional by the bank
most recent P60

Sponsors employment:
Letter of employment recently dated covering: the fact that I am employed, my gross annual salary, how long I have been employed for, statement of how long I have been paid above the required salary, my employment type -permenant.
(We dont have a copy of my employment contract! )


Accommodation:
We will be living with my mum and sister, the info we have are:
> a signed handwritten letter from my mum stating she is happy for us both to live here rent free
> an original recent mortgage statement and utility bill in my mums name
> we are arranging a property inspection hopefully by the local council
** MY mum doesnt have the land registry documents, she thinks this is because shes still paying the mortgage - ARE THE LAND REGISTRY DOCUMENTS NEEDED?
** We also dont have any copy of my mums passport etc


This is our first hash out of everything.. I cant believe how many pages and different PDF documents from .gov are out there. If anyone can give us some pointers re the above, especially the caps text, it would again be very much appreciated, Thank you


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## Joppa (Sep 7, 2009)

No other appendix to complete.
You don't need SU07/12 form.
You should each attach a letter describing briefly your relationship history, why UK, shared interests, belief and philosophy, why you think you are a good match (in non-emotive terms), and future plans.
Your employment evidence is fine. No contract needed if you don't have it.
If you input the house details on Land Registry site, you can print out title certificate for £3 even if still mortgaged. Not absolutely required if you have mortgage statement.


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## nyclon (Apr 3, 2011)

Only Appendix 2.

You don't need the sponsorship undertaking.

If you've been living together trips taken together and communication-SMS etc. aren't necessary. Your joint bills prove your relationship.

You can get a land registry doc online for £3.

https://eservices.landregistry.gov....jDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

She should include a sample itinerary for when she'd like to travel.


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## fingerscrossed (Jul 25, 2014)

Thank you so much again.. I don't know where we'd have ended up without your help, thank you again from both of us. Were planning on working slowly through the list above to get everything together asap


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## fingerscrossed (Jul 25, 2014)

Just mocked up this letter which I'm hoping my employer will use as a draft and return to me, all the points are in here but it seems a bit brief, would this be sufficient?

Dear Entry Clearance Officer, 

The above, Mr. XX has been employed by XX from October 2009 to present day. He is employed on a full time basis as a XX, working 37.5 hours per week on a permanent contract.

This role involves XX.

XX’s current gross annual salary is £XX, paid in monthly instalments. This level of pay has been in effect as of April 2015. Prior to this his gross annual salary was £XX in effect from October 2014 until March 2015; and £XX in effect from October 2013 until September 2014. (all these values are above 19k)
Should you require further information please feel free to contact me on XX

Kind regards, 
XX Senior manager


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## nyclon (Apr 3, 2011)

This what the letter of employment needs to contain:

A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

What your job entails is not necessary.


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## fingerscrossed (Jul 25, 2014)

Hi guys, we have moved forward and are now applying online at the visa4uk website for the uk spouse visa!

I just have a quick question regarding the question "what is your permanent residential address and contact details"

....my partner has been living with me in the uk for the past 2 years on a youth mobility visa which has now expired. We've both been in asutralia visiting her family for the past 2 months. should we put the UK address (which we will return to living at when we hopefully both get back to the uk) or should we put her parents address in australia where we are currently staying short term for our trip?

Note - On the actual marriage certificate which was obtained in australia today, we have the english address 

Were hoping to reply tonight.. any help would as always be very much appreciated, thankyou!


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## fingerscrossed (Jul 25, 2014)

note - the above is referring to the permanent residential address of the applicant, my australian partner, sorry couldn't edit this into the above.


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## fingerscrossed (Jul 25, 2014)

> Hi guys, we have moved forward and are now applying online at the visa4uk website for the uk spouse visa!
> 
> I just have a quick question regarding the question "what is your permanent residential address and contact details"
> 
> ...



any ideas re the above question @Nyclon @Joppa, we need to submit our application tonight and dont want to put the wrong address, If anyone can give us a quick pointer here it would be very much appreciated! Thanks again


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## Joppa (Sep 7, 2009)

It's the address for correspondence and sending your documents back. So if you are applying in Australia, it must be your Australian address. If you are applying in UK, your UK address.


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## fingerscrossed (Jul 25, 2014)

We are currently in Australia and will be applying at an australian VAC using the priority service, collecting the docs ourselves once they are released (I think). 

I will put in the australian address we are currently staying at, do you think there will be any issue with the address on the three day old marriage certificate being different to the one on the visa application submitted today?

thank you so much again for helping us through this very lengthy process


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## Joppa (Sep 7, 2009)

No.


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## fingerscrossed (Jul 25, 2014)

Thanks Joppa, we have now submitted the application.

We wanted to use the priority service but at no point during the application was this an option. We searched on the uk.gov and found a link to the vfs global payment portal. There is an option on there for 756 AUD which is what the vfs information page quotes for a priority settlement visa service, however, on the payment portal this option is listed as for people seeking a uk visitor visa and wishing to use a priority service... not a uk settlement visa. 

Id guess this might be an error but before submitting the money just wanted to see if anyone on here has used the australian priority service for a settlement visa and how you paid for it.

Thanks in advance for any help!


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## fingerscrossed (Jul 25, 2014)

Just a quick bump here sorry, weve booked the VAC but are still unsure about whether this is the right priority option for us to pay for. Has anyone got any experience with booking priority for a settlement visa in australia? how/where did you did it would be much appreciated

we went to the vac yesterday but unfortunately they dont entertain visitors


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## Joppa (Sep 7, 2009)

I don't have the priority/non-priority timeline for Manila visa centre for Australian applicants, but generally speaking Manila priority service is very quick, often a turnaround time of less than a week. 
UK Visa Information - Australia - User Pay Services
You pay online through payment gateway after online application and booking of biometric appointment but before you turn up at VAC.


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## fingerscrossed (Jul 25, 2014)

Thanks again Joppa, Im a bit worried about selecting the right category & subcategory 

can I ask - On our visa4u application we selected our category as "settlement" and subcategory as "wife". This option is also available on the vfs payment portal for priority service.

However - there is also a category/subcategory on both named "marriage" .. these are the options available on the vfs and visa4uk.. please could you help us figure out which categories / subcategories we need, sorry this is just so unnecessarily confusing despite our best attempts to figure it out.

vfs option 1- category: "settlement", subcategory: "settlement marriage" OR "settlement wife"
vfs option 2 - category: "marriage", subcategory: "marriage"

visa4uk: reason for visit: "settlement" visa type: "settlement" visa sub type: "wife" OR "married"


Just to clarify our situation - myself (british citizen) and my australian partner are recently married in Australia where we both are currently located. We are hoping to apply for a spouse visa to get us both back accross to the uk and eventually gain indefinite leave to remain in the uk for my australian partner.

your help has been a God send so far, thank you again for any advice you can give re the above


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## fingerscrossed (Jul 25, 2014)

sorry to add something else in addition to the above - Im a bit concerned. Our date of online application is 23rd June.

I have just recieved my payslip dated 28th May (sent to me from the uk) however, I do not have a bank statement for last month - my bank is online and I have not been in the uk in the last month to physically be able to go into the branch and get one printed and stamped as authentic like I have done with the bank statements from other months. My bank has no branches in australia... and even if a uk branch would print a copy for my relative and sign it, they wouldnt be able to post it here by the 1st June when we have our VAC date. I guess they could fax or email it??

I have no idea what to do here.. I can print out an online statement here but it will clearly say duplicate over the top of it.

If anyone can help here it would be much appreciated. I had been so focussed on getting the payslip over .. I hope this is fixable..


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## HatakeSage (Feb 4, 2015)

From what I've been told, they can't email it. I'm not sure about faxing, but it has to be original. I face the same problem with mine, and I'm having my fiance mail it via tracked royal mail so its a bit faster but its still going to take a few days.


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## fingerscrossed (Jul 25, 2014)

were looking into ways of getting these forms over here in time but its going to be tight if at all possible. 


If any mods @nyclon @joppa could possibly comment on the above two posts ( 36 & 37 ) it would be hugely appreciated.. as always, thank you for the amount of time you guys put in on here


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## Pallykin (Mar 30, 2014)

How about Fedex, UPS, or DHL?


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## lexlee (Jun 30, 2015)

Can I ask you how long it took between applying online and getting an appointment? 

My situations is different. I am in UK with my wife. She is flying back to Oz to apply. I am thinking of just applying online in the UK in advance and then booking the appointment for just after she arrives to save time. 

We have three kids, so I will be a single dad for the time we are apart - so we want to minimise her time in Oz. 

Also, we have no home in Oz anymore - so she will just be staying with relatives. We sold up and moved to the UK thinking she could apply to stay from the UK, turns out you can't!


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## fingerscrossed (Jul 25, 2014)

Hi lexlee, at the end of the online application you are given a screen to actually select the date and time you wish to visit the visa application centre. Off the top of my head these appointments went to around a month in advance.

We could have booked ours a few days after the online application but as we were waiting for documents to arrive from the uk, we booked it just over a week later.


Make sure all your evidence is in order and safely in your wifes hand luggage before she departs back to Oz, if you read the rest of this thread you might find a few relevant posts.

Good Luck with your application, this forum has incredibly helpful people


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## lexlee (Jun 30, 2015)

fingerscrossed said:


> Hi lexlee, at the end of the online application you are given a screen to actually select the date and time you wish to visit the visa application centre. Off the top of my head these appointments went to around a month in advance.
> 
> We could have booked ours a few days after the online application but as we were waiting for documents to arrive from the uk, we booked it just over a week later.
> 
> ...


I thought I would give a quick update. We got an appointment very quickly and got the visa in 10 working days as I paid for priority service. She is already back home! We were apart only 3 weeks - which is good.


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