No one has said the rules are perfect, but they're quite obvious and plain to see.What good is a cynic who knows the price of everything and the value of nothing?
The Visa laws are ridiculous, terrorists get state benefits, whilst decent and intelligent people, in some cases deadly ill people, are all removed. Or in this case, good people have to leave to simply adhere to a pointless formality of having to apply from abroad, rather than locally.
It is a disgrace.
Visa HELP!!!
- Thread starter demon8991
- Start date
How long does the process take?
I mean if she goes back she wants to be back asap!
Also does it matter that she still has a year left on her visa (but the working bit is up). I mean can you only apply when the visa has completly expired.
I dont see why she can't go back to Aus and apply for the ancestory visa and then come back to the UK. Her working holiday visa will still be valid and isn't cancelled when she applies for the ancestory visa.
Contact the home office they will be able to give you the best advice.
Tis sad but true. Same thing happened to me, even though my wife is english. I had to go to los angelas to get my settlement visa even though I was already over here.
Process takes about 6 weeks. I am pretty sure you can apply before her current visa expires, but check with the Home Office.
What would stop you getting someone in Aus to fill in the forms on her behalf or even send the forms over here to be signed and then posted back to be posted back to the UK?
Alternatively, go with Jono's idea. I nearly had to do it when told that despite working and paying tax for over 10 years, I was only able to claim 2 months jsa.
Alternatively, go with Jono's idea. I nearly had to do it when told that despite working and paying tax for over 10 years, I was only able to claim 2 months jsa.
It sounds like she is on a Working Holiday Makers (WHM) visa. She cannot "switch" into the category of UK Ancestry, so will have to return to AUS and apply for the correct entry clearance.
You cannot generally extend a WHM visa or switch into another category from it (one of the exceptions being as a spouse). In fact one of the agreements you make when obtaining a WHM visa is that you
If it was always the intent to remain longer then technically leave has been gained by deception and she will be considered to be an immigration offender and liable to arrest and summary removal.
As to the comments about it being ridiculous to have to go back and apply, that particular provision was set out back in the 1990's and confirmed by the Court in R v SSHD ex parte Mahmood. As a basic summary, why should a person benefit from their breach of the immigration laws and be treated more favourably than those who comply with the law?
You cannot generally extend a WHM visa or switch into another category from it (one of the exceptions being as a spouse). In fact one of the agreements you make when obtaining a WHM visa is that you
Immigration Rules said:
If it was always the intent to remain longer then technically leave has been gained by deception and she will be considered to be an immigration offender and liable to arrest and summary removal.
As to the comments about it being ridiculous to have to go back and apply, that particular provision was set out back in the 1990's and confirmed by the Court in R v SSHD ex parte Mahmood. As a basic summary, why should a person benefit from their breach of the immigration laws and be treated more favourably than those who comply with the law?
The only switch possible is to a work permit - these are sponsored by the employer and related to the specific role hired into, and require (unless a shortage occupation) proof that a qualified EU national was not available to do the job.
The only route is to apply for HSMP in Aus, Tier 1(General) highly skilled worker cannot be applied for whilst under a WHM, and is not yet available outside of UK and India.
Hold on a second are you guys telling me she cant get an ancestry visa even if she goes back to australia now???
She has an english grandparent and all the relative forms to accompany it, if she goes back and applies is this possible?
She has an english grandparent and all the relative forms to accompany it, if she goes back and applies is this possible?
Having grandparents does not mean you have a right to stay in the country, it ONLY gives you a better chance in doing so. Nothing is a given with immigration. Another thing to add is that they are grandparents and not immediate family, this does not help as much as if they were immediate family members.
You need to get in touch with an immigration advisor, unfortunately they are expensive and charge per hour. Alternatively you could research this information yourself but I have found that speaking to someone who knows this sort of thing inside out has proven better in getting what you want as they have alternative options that can make things easier.
I know some people have made some comments that you may dislike but I agree with them, you left things to the last minute and assumed this work place would do everything for you. You should have done it the moment they first said they would sponser you're girlfriend. Immigration is a long and complicated process.
Not unless she can prove it.
Then she should be fine, no problems at all.
I know it was dead easy for me; a straight rubber-stamp job.
