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Discussion Starter · #1 ·
Hi All,

I had a somewhat complicated question and I hope someone has been in similar circumstances and has an answer.

I am an Australian citizen and my Wife is currently on an 820 temporary partner visa (applied for 820/801 as a married couple in Feb 2016, 820 granted April 2017, awaiting 801 which just says status: submitted on MyImmi).

Recently my wife was offered a position to do a PhD in the USA. This would take us overseas for almost 5 years duration, July 2018 - May 2023.

Currently, on the 820 we have a travel facility of "Multiple". I know you can't be granted the 801 when out of the country but you can travel if you notify them. Some people have said that if your application comes up while you are away, and you have notified them, they wait for your return to grant it.

My question is, can you notify them that you want to leave for almost 5 years and effectively postpone the granting process without having them void your application in the meantime... otherwise we can only re-enter as citizen and visitor and re-applying.. well, everyone here knows that would be painful.

On the other hand, if there any extenuating circumstance clause somewhere that would allow us to travel for this reason without impacting her pending 801? She is not from the US, so it isn't as if we are going to her home etc if that concerns immigration. It is simply to pursue a professional career that neither us want to put on hold for an unknown time any longer. It also isn't a chance that would be likely to come up again.

Any help would be much appreciated!
 

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Pretty certain the 801 can be granted on or offshore.

Might need a Resident Return Visa to re-enter after 5 years away and meet those conditions.
 

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Sc.801 can be granted onshore or offshore.

You can’t suspend the process.
 
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Like already said, the 801 can be granted anywhere and it explains this on the immigration website.

What you should be concerned about is the travel facility on it only lasts for five years (also explained on the website). And so after those five years, your partner would need an RRV to be able to return to Australia, and that comes with conditions that must be met.
 

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Discussion Starter · #7 ·
Thank you all so much! I feel silly that this answer is on the immigration site. I'll go find it next time I have a chance. I certainly don't want to slow up the process if it can be granted while we are in the USA.

Ironically the timeline for being away to complete to PhD is about 4 years 11 months, which may well be a saving grace.

I saw the below Q and A on a previous post, does this mean that the 801 would be granted and then we just come back to.. sign off on it essentially and be granted a 5 year travel facility to continue the PhD. Or, has the law changed and can an onshore application now be granted offshore with no strings attached (other than the 5 year travel facility)? At any rate, I need to go back to the site and check if this is already answered.

Q:
Do we need to be in Australia when the decision is made on the 820 and the 801 , ie when they are granted? or will we be notified ..and we can then come back to australia for it to be issued to her? This is incase we were travelling back to visit her family and happen to be away when its granted for example?

A:
Yes, if you apply onshore (820/801) then you would need to be onshore for a decision to be made. If you're overseas then they would ask you to come back before they give you a decision and they usually specify a time (so not 6 months for example)
 

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Discussion Starter · #8 ·
Thank you once again all. I see now that you only need to onshore when the 820 is granted, but not for the 801. This is a great relief and It looks like the Resident Return Visa (155) is the concern. I'll make a separate post on that.

As people noted the information was on the immigration page all along.

From Home Affairs
"You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820).

You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801)."
 

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Glad you got the correct info. :) Just one thing to keep in mind - be thinking about what evidence you could present to Immi that you intend to move back here at the end of your time in the US. They don't always, but CAN ask for evidence that you intend to reside in Australia permanently when they're looking at granting the 801. Just something to keep in mind.
 

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Discussion Starter · #11 ·
Glad you got the correct info. :) Just one thing to keep in mind - be thinking about what evidence you could present to Immi that you intend to move back here at the end of your time in the US. They don't always, but CAN ask for evidence that you intend to reside in Australia permanently when they're looking at granting the 801. Just something to keep in mind.
Thank you, just one last question, but I will definitely keep whatever evidence I can find along the way. Great to know that it doesn't expire and an RRV is the way back. Is it safe to assume that an RRV for an 801 (That's what it would be by then as I guess it will be granted about 1.5 years from now when we are in the US) still has full working rights etc?
 

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Thank you, just one last question, but I will definitely keep whatever evidence I can find along the way. Great to know that it doesn't expire and an RRV is the way back. Is it safe to assume that an RRV for an 801 (That's what it would be by then as I guess it will be granted about 1.5 years from now when we are in the US) still has full working rights etc?
The 801 is permanent residency so yes working rights. The RRV is basically just a travel facility.
 
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