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Young Couple Multinational Couple Wants To Live And Work In Uk!

partner Austria Australia work in UK

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#1 dingo144

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Posted 19 November 2012 - 03:13 AM

Hi to all of you.

This is my first post here.

My partner and I are currently living in Australia. He, Sam, is an Aussie citizen whereas I am an Austrian (European Union) citizen on a temporry de-facto residence visa. We are a couple for a bit over 2 years now and our relationship is registered here in New South Wales. We thought we would stay here in Australia for longer and that's why we went down the nerve racking expensive street of defacto visa here...now circumstances changed and we are thinking of coming back to Europe.
Sam and I were living in Denmark for 5 months. He stayed on a student visa back in 2010.

I am not sure what visa options we have and how they are called...
Sam is 31 so I think work and travel is not possible for him, he has no UK relatives and I think his occupation (3D artist, in the games industry) is not included for skilled migration...

Can anyone please point us in the right direction???

Thank you so much

Cheers



#2 Mutly

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Posted 19 November 2012 - 08:48 AM

Are you moving to Austria or to the UK or another EEA country?

In Austria the national rules apply to your partner, there is no provision for unmarried partners and he would need to qualify for a work visa under the national rules or EU blue card, the relevant law is the NAG.

In the UK and some other countries he can apply as an unmarried partner of an EEA national if you can prove that you have been living together for two continuous years (Denmark 18 months).

For the UK, whilst an EEA family permit for entry is not compulsory because Australian citizens are non-visa nationals, it would be best to get one. It's free and enables him to show on arrival that he qualifies for admission as your partner, otherwise there is a risk of denial because he would not be a visitor and proving cohabitation at immigration control would be difficult or impossible.

#3 dingo144

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Posted 19 November 2012 - 10:52 PM

Hi Mutly,

Thanks for your reply

We are looking to move to the UK.

So just to be sure we apply for him for and EEA family permit and he can work with that? ... and I don't need a visa right?

Cheers

#4 Victoria

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Posted 20 November 2012 - 03:16 PM

You don't need a visa.

How lomg have you been living together?

#5 Mutly

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Posted 20 November 2012 - 03:40 PM

You don't need a visa as an EEA national, just your Austrian passport or ID card.

Your partner should apply for an EEA FP. It's an entry document valid for six months from the date of issue. On arrival, once you start exercising treaty rights, your partner has a right of residence. The EEA FP doesn't explicitly state that and some employers might not accept it though any employment is deemed legal, the employer is allowed to accept the EEA FP. As it's only valid for six months anyway, once in the UK he should apply for a residence card as soon as you start exercising treaty rights. This is a postal application and can take up to six months to be issued, the residence card will then state the right to work.

After a few weeks, 2 to 5 or so currently as far as I know, a COA, confirmation of application will arrive to cover the processing time. As unmarried partners this might not state the right to work, but it does prove that he's allowed to be in the UK until the residence card arrives.

However this is all conditional on proving that you have lived together for two years when he applies.

It doesn't matter which country of countries you lived in together and short gaps, nomally up to six months maximum, are allowed if one of you had to travel for example. But you do need to show that cohabitation began two years ago and has continued apart from any small gaps. Suitable documents are lease/mrtgage documents, bank statements with the address (doesn't need to be joint accounts, as long as each show the same address), utility bills, equivalents of UK council tax or other tax documents with address, also employment contracts or student records or any other official documents from each of you which show the same address.





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