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!
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!
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.
