Spouse Visa Questions(s)- Sponsor Lived Abroad for Five Years Just Returned

Ok. So I don't have to go to an appointment at a Premium Application Centre for priority processing? The only necessary appointment is the bio-metrics appointment?

No, you only have the biometrics appointment, which is done by US immigration on behalf of UKVI - and you can look up your nearest USCIS center here (though you can only book the appointment as part of the online visa application):
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC

So the options are:
Non-priority:
- Submit the online application,
- book and attend biometrics
- purchase shipping labels
- mail to New York

Priority processing:
- Submit the online application
- book and attend biometrics
- purchase priority processing and shipping labels
- mail to New York

Premium Service:
- Submit the online application
- book premium appointment
- purchase premium service
- attend premium appointment

Great! Thank you!

I am sure I will be back with more questions later.

Thanks to everyone for helping me out thus far!

When I have more questions do I continue on this thread or do I start a new one?

Great! Thank you!

I am sure I will be back with more questions later.

Thanks to everyone for helping me out thus far!

When I have more questions do I continue on this thread or do I start a new one?

It's best if you continue on the same thread, so then we see what you've already shared with us about your history, and we can also see what advice you've already been given, all in one spot.

Will do.

Thank y'all again! 

Well, It's only been a week and I have a few more questions. I have been torturing myself reading all of the VFS horror stories and one common complaint that I see is that they were told to apply for a settlement visa when they should have applied for a family visa and vice versa.

So naturally this has me doubting myself. So just to be sure, the visa I should be applying for is the settlement(wife) visa, correct?

My husband and I met in December 2015
We were married in June 2017 in Texas
I moved to Australia to be with him in November 2017
We relocated to the UK in October 2018 and now I am hoping to live with him in the UK to help him look after his granddad.

Am I applying for the correct visa?

Well, It's only been a week and I have a few more questions. I have been torturing myself reading all of the VFS horror stories and one common complaint that I see is that they were told to apply for a settlement visa when they should have applied for a family visa and vice versa.

So naturally this has me doubting myself. So just to be sure, the visa I should be applying for is the settlement(wife) visa, correct?

A settlement visa IS a family visa... they are the same thing.

All family visas come under the settlement visa category - they are visas based on family members, which lead to settlement in the UK.

So, yes, you are applying for a Settlement -> Wife visa... there is no other family visa you can apply for.

Ok. Great. I guess the people complaining may have been confused or were not wording it correctly. I was very confused when I read it. 

My next question has been keeping me up at night.

My husband and I were living in Australia where I have an ongoing spouse visa. We up and moved to UK when his granddad became ill. My Australian visa is still being processed, and according to my Australian visa agent,  is very close to coming to a decision.  We plan on living in the UK to care for his granddad for however long that is (hopefully years), and then we would decide if we will continue life in the UK or return to Australia. One thing we do know is that we would like to retire in Australia so for that reason I do not want to withdraw my visa application; I would like to see it through (plus that move to Australia and visa cost us loads of money that I don't want to just flush down the toilet).

I was wanting to apply for the UK visa in January (priority). After I let my visa agent in Australia know I was planning on doing this, she advised against it. She informed me that once a decision is make on my visa I have 28 days to return to Australia and therefore I should not send off my passport to UK immigration.  After she told me that we began to look at the different options on the VFS website.

So there are four packages, one which would allow me to hold onto my passport while I wait for an answer for only $1900(sarcasm).
And there are three different priority visas.The priority for settlement is what we were looking into.

BUT after reading a little more I noticed the VFS website reads "All customers may apply for the Priority Visa service apart from applicants who are applying for visas to visit other Commonwealth countries, British Overseas Territories, and Crown Dependencies (the Channel Islands and the Isle of Man)."  I don't know if this affects me in any way? Can someone shed some light. I technically do not have an application to visit any commonwealth countries, but if my Australian visa agent advises me that I need to return, then I will have to request a visitor's visa. It seems this will be an issue, correct? I won't be able to do it?

Also, does the fact that I have a pending spouse visa in Australia (Commonwealth country) also fall into this category or is this statement merely for travel purposes?

Also, if I purchase the package that allows me to hold onto my passport, does it fall under the same rules that are being stated for the Priority Visa since priority service is part of the package? or are they two different entities?

I hope this isn't too confusing. I did email VFS to inquire and I got a link for people who are Australian citizens trying to migrate to the UK. So it was obvious that my question about travelling to Australia was not understood. I called and they told me that they would call me back, but did not. I replied to the email and explained my question again, but have not received a response.

Can anyone help?

Is settling in Australia a requirement for the spousal visa there? A spousal visa in the UK requires you to live with your spouse in the country and I'd be surprised if Australia is different. I'd make sure you know all the rules ahead of time!

As far as the UK visa, you can apply from any country where you are legally resident. So if you plan to move to Australia why not apply from there?

Sent from my Pixel C using Tapatalk

It is not a requirement. They said I could return to Australia to accept residency and then return to the UK. I can keep my residency as long as I return to Australia every 5 years.

As far as applying for my visa from Australia, it is just not financially possible. Roughly, how long does it take for a UK priority visa to be processed? I would have to pay for a hotel for that period of time. If it financially was about the same cost of paying the $1900 then I would consider it, but I just think the uncertainty of how long I will be waiting is what hesitates me. If I return to Texas to apply I can work and have a free place to stay. So for me it just made more sense, but now that I am unsure if I can travel to Australia, I am trying to figure out what my options are.

If you need to travel to Australia while your visa is processing, you have two options.

1.  Apply using the $1900 service and keep your passport and travel on that

2.  Submit your application and then apply for a second USA passport and travel to Australia using that.  You can travel anywhere in the world EXCEPT the UK and Ireland while the visa is pending.  This is the option I would pick.  Much less expensive.

That being said, it does seem odd that you would be able to have an Australian spouse visa if you do not plan to reside there.  Are you sure you don't need to RETURN to Australia as a RESIDENT (not a visitor) within 5 years to keep the visa active.

Currently visas are taking approximately 6 - 8 weeks with priority to process - that's with regular priority for $793 and the $1900 service.  Non-priority has also been quick lately at about 8 weeks but this is usually 12 weeks.

So there are four packages, one which would allow me to hold onto my passport while I wait for an answer for only $1900(sarcasm).
And there are three different priority visas.The priority for settlement is what we were looking into.

Actually, there are only 2 packages available to you:

- Settlement Premium Service for $1900
- Settlement Priority Service for $793

The other options are for non-settlement visas only (visitor, work, student visas).

Also, if I purchase the package that allows me to hold onto my passport, does it fall under the same rules that are being stated for the Priority Visa since priority service is part of the package? or are they two different entities?

It is the same service, except you are paying an extra $1,000 to submit your documents in person in one of 10 US cities, and for the option of keeping your passport. The processing time only seems to be a few days faster than the regular priority service.

Personally, I think it's a waste of money unless you urgently need to keep your passport.

As far as applying for my visa from Australia, it is just not financially possible.

You can only apply from Australia if you live there, so if you don't have a visa for Australia yet, you cannot apply for your UK visa from there anyway... because you would have to provide your Australian visa for the UK visa application as proof of your legal residency in Australia.

Roughly, how long does it take for a UK priority visa to be processed? I would have to pay for a hotel for that period of time. If it financially was about the same cost of paying the $1900 then I would consider it, but I just think the uncertainty of how long I will be waiting is what hesitates me. If I return to Texas to apply I can work and have a free place to stay. So for me it just made more sense, but now that I am unsure if I can travel to Australia, I am trying to figure out what my options are.

It's generally taking about 2 months at the moment for regular priority, and about 1.5 months for the $1900 priority service.

People who applied in September/early October are just getting their priority decisions now.

You must be in the US when you apply, and stay in the US while it is processing (unless you pay for the $1900 service to keep your passport.) You also need a valid US address where you will be in order to receive your visa and documents after they have been processed.

So where the website reads that I cannot apply for visitors visa to a Common Wealth country, does not apply to the $1900 service that allows me to keep my passport?

If I apply for a new passport after I apply for my visa it will not impact the process? I figured it would make the application void since I now have a new passport.

Is withdrawing my application an option? Would I be able to withdraw to get my documents back then reapply after?

I will research the Australian visa. I have really just been letting the agent sort everything out without really doing any research of my own. Quite foolish, I know. I do currently hold a bridging visa for Australia, but I do not hold permanent residency. So that is the only reason why I considered maybe applying from there.

So where the website reads that I cannot apply for visitors visa to a Common Wealth country, does not apply to the $1900 service that allows me to keep my passport?

Honestly, I don't even understand what they mean on the website. I've never seen that on there before. Looking at it though, it seems to imply that it only applies to the $793 priority service, not the $1900 premium service (which is not a priority service anyway).

However, the fact that it mentions applying for visas to VISIT commonwealth countries... and you are not doing that... makes me think it doesn't apply to you, regardless.

If I apply for a new passport after I apply for my visa it will not impact the process? I figured it would make the application void since I now have a new passport.

Nope, you can get a second passport to travel to another country while the visa is processing... what would void the application is if you used that second passport to enter the UK.

Is withdrawing my application an option? Would I be able to withdraw to get my documents back then reapply after?

Which application? The UK visa?

You can withdraw the UK visa application, BUT if you withdraw it after you have attended biometrics, you will lose the entire application fee and any priority processing fee you have paid.

If you have not yet attended biometrics, you can withdraw and also get a refund.

However, if you have not yet applied, and there is concern that your Australian visa may be processed before you get the UK one, I would not apply for the UK visa at all until after you have the Australian visa.

OK. So this is what I am considering doing. Since the regular process is only taking 8 weeks (possibly up to 12) I will just apply without priority, so the travelling to the Commonwealth countries will not be an issue. I will apply for a 2nd passport while my UK application is being processed in the event that I have to return to Australia. 

If I read everything correctly, then this is possible, right?

OK. So this is what I am considering doing. Since the regular process is only taking 8 weeks (possibly up to 12) I will just apply without priority, so the travelling to the Commonwealth countries will not be an issue. I will apply for a 2nd passport while my UK application is being processed in the event that I have to return to Australia. 

If I read everything correctly, then this is possible, right?

So what do you guys think? Does that seem doable? Did I understand everything correctly?