[Benblue2]

Hi, first time posting here!

First of all I'll be visiting an immigration lawyer soon to clarify but I've noticed a lot of knowledgable posters here so looking for some advice on my unique position.

I have been in Australia for only a month on a working holiday visa (uk citizen), my partner is an Australian Citizen and we have been in a de facto relationship for just over two years. I'm seriously considering applying for PR as I am already eligible as well as I can avoid the crappy WH visa restrictions (farm work/6 months at each job).

Although my question/worries arise from the fact me and my partner would like to stay here in Aus for the next 2 (approximate) years and then return to Wales (she's a dual citizen OZ/UK). My understanding is that if I apply for the PR now then it'll get approved around the time we would plan to go to Wales, the question I have then is would these 2 years count towards my Resident Return Visa or does it only start from when the PR starts?

Another question I have is if I leave and stay in Wales for 5-10 years before returning to OZ what happens when my PR expires and then my RRV expires/I'm not eligible? How do I reapply for PR, will I have to pay the $7k again?

Many thanks for anybody who can help me out!

Ben

 

[Skybluebrewer]

What PR are you looking at applying for? You don't just go straight to PR on a partner visa route. You have to apply for both the temporary and permanent at the same time and be granted the temporary first, then permanent. The two year waiting period between application and permanent can be waived in certain circumstances but the applicant still has to apply for TR and PR and wait the regular processing times for TR, just PR may be granted immediately after.

You should look at what the requirements are for resident return visas.

Permanent residency doesn't expire; hence why it is called permanent. Travel facility is 5 years from grant of PR. See RRV requirements.

 

[Skybluebrewer]

Also, you want a Registered Migration Agent, not an immigration lawyer.

 

[ampk]

Considering the process times for onshore Partner Visas you might want to get some advice from a pro.

Why did you apply for a WHV when if as you say have 2 year relationship - the better path would have been a ETA then a 820 application.

Yes you would need to wait 3 months before work rights kick in, but then they would have been unlimited.

Planning prior often gives more options.

P.S. you will need very good evidence of the length of your relationship to be considered for PR without the 2 year wait - many struggle with that.

 

[Skybluebrewer]

Yep. If 11 months left on WHV, then he may not realize he doesn't get full work rights on the BVA until the WHV ends...