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Thanks for your question.
Do you mind if I ask why your husband wishes to apply for a tier 1 visa, rather than for a spouses visa based on your marriage?
I'm afraid that it would not be possible for him to first come to the UK on a standard visitor's visa and then attempt to apply for a Tier 1 in country. This is because the visitor's visa is granted on the basis that he intends to stay in the UK for no longer than 6 months and shall not undertake paid or unpaid work.
Were he then to attempt to apply for Tier 1 whilst on a visitor's visa it would be rejected immediately and the UKBA (rightly or wrongly) would view his obtaining a visitor's visa as a form of deception. This could potentially have further implications in any future applications he makes.
Similarly, if he were to be found working whilst on a visitor's visa then this would be a breach of the term of the visa and he would be deported back to Australia.
Sorry it could not be better news. Do you required further advice in respect of a future application based upon his marriage to you and any future plans to settle here you may now consider.
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