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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband would like to apply Tier 1 (General) visa from Australia.

Resolved Question:

My husband would like to apply Tier 1 (General) visa from Australia. The Tier 1 (General ) overseas has closed however tier 1 (general) UK is still open until 5 April 11. Can he come to UK as a tourist and apply Tier 1 (General) in UK? How long does it take to apply the visa from UK?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.



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?


Customer: replied 5 years ago.
We are living in Sydney at the moment. We would like him to try first in UK. His sister and her husband are in UK. If he can settle down in UK comfortably then we will join him later on. It is a lower risk for us than bringing the whole family there.
Expert:  Thomas replied 5 years ago.

I understand.


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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Kind regards,


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