Thursday, July 29, 2010

Do you need to live in Australia once you are granted a temporary spouse visa?

I am married to an Australian and we live in the UK. I am planning on applying for a temporary spouse visa, which then becomes a permanent visa after 2 years. What would happen if we didn't relocate to Australia having been granted the visa. Does this invalidate the visa and prevent a permanent one being issued in 2 years time. I am aware that you have to enter australia by the ';specified initial entry date'; on the visa, but less clear on whether you are then expected to remain there for the duration. Thanks for any advice.Do you need to live in Australia once you are granted a temporary spouse visa?
No, you don't need to stay in Australia after you've validated your visa but it's important that you keep DIAC informed of your address. Spouses on temporary spouse visas are able to travel to and from Australia without restriction.





It would probably be a good idea to be in Australia when your visa is due to become permanent because there will be an interview to prove that the relationship is still intact at that time and the process will be simpler if you're here, but if (and only if) you apply for your original visa offshore, your permanent visa can be granted either onshore or offshore provided DIAC know exactly where you are at that time.





Note that when you have your permanent visa, it is valid for only 5 years if you are outside Australia and you must meet certain residence and/or other requirements to be eligible for a Resident Return visa. You can't just get a permanent visa on the off chance that you may want to travel to Australia at some time in the future. Our Permanent Residents are expected to be committed to Australia.





If you've been in a partner relationship for 5 years (or 2 years if you have children together), your visa will probably be permanent from day 1 and then the 5 year validity and residence requirements will come into play immediately.Do you need to live in Australia once you are granted a temporary spouse visa?
What would happen if we didn't relocate to Australia having been granted the visa.


You must enter australia and stay there for the next 2 years - that is what you are applying for - PERMANENT RESIDENCY.





Does this invalidate the visa and prevent a permanent one being issued in 2 years time.


YES








I am aware that you have to enter australia by the ';specified initial entry date'; on the visa,


YES thats right








but less clear on whether you are then expected to remain there for the duration.


YES you are expected to remain there for 2 years.


It is ONLY 2 years. You need to suck it up and dont be a wimp. You have email to stay in touch. Once you get your permanent residency then you can go home to visit.
My Australian husband says that it would be very probable that you have to say...immigration and the social security in Oz are very well linked and as soon as you leave Oz then they will know. They have a very rigourous programme on this kind of thing.
Start from the top...





The reason to apply for residency/settlement Visa is to go permanently to Australia.. ?





visiting:


if you are not intending staying there, you apply for a standard visitors Visa (the electronic one on the web) as and when you want/need to visit.





Settling:


As and when you decide to settle (at least for the 2 years for permanent leave to remain/3 years to get citizenship) then do it then and not before. If (like the UK, and many other countries) you do not demonstrate a commitment to reside or be in a relationship permanently in the country, they don't issue you with a permanent residency or citizenship. - you are allowed holiday trips out etc but not excessive ones (eg many weeks/months).





Note also, that if having obtained permanent residency you do not remain in country for a significant time per year (average), that residency gets cancelled... lack of commitment.





So the big question is, why are you going for a residency visa, unless it is because you intend to spend the next 3 years in australia on an effectively permanent basis - the concern seemingly being expressed ?





Note that as with many countries, if you have an existing relationship (eg 2 years or more) outside of australia before applying, it is typical to be issued with a permanent residency Visa immediately... So in many ways, any restriction is removed. This appears to be the case in Australia.








FYI: keeping in touch,


today (unlike 20 years ago or even 10 ) there are many cheap ways to keep intouch.


Skype (video, sound and text) on a PC to PC


telephone, see here for cheap calls from UK /BT landline


0.5p/min (1p/min next worst !)


http://www.cheapestinternationalcalls.co鈥?/a>


and 2p./min to mobiles !


http://www.cheapestinternationalcalls.co鈥?/a>


over and above emal etc.





skype is even available on mobiles on the '3' network in both Australia and UK - free Mobile to mobile contact
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