Q: I recently got married to a British citizen in Australia and now wish to apply for a Spousal Visa. May I apply for settlement immediately or will we have to wait as our legal marriage is recent?
A: Marriage to a British citizen will allow you to apply for a 2 year spouse settlement visa. The application must be submitted at the British High Commission before travelling to theUK.
There is currently no waiting period to apply once the marriage has taken place, you can submit the application as soon as it is possible. Once you have completed the two years on the spouse visa, you can apply for Indefinite Leave to Remain/Settlement/Permanent Residency.
In the case where an individual has been married for more than 4 years to a British Citizen abroad, they need to pass the Life in the UK test first, and can then apply for Indefinite Leave to Remain/Settlement/Permanent Residency, and need not wait for the two years to pass.
Director of Breytenbachs