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Hi there everyone, I'm an Australian citizen living in the U.S. with my American (same-sex) husband. We're very serious about moving to Australia in the coming year, as he is about to complete his PhD in May, 2018. He has been applying for jobs in Aus recently with no luck.

Our theory is that not being a resident isn't helping, despite his skillset. We've discussed applying for a partner visa to help make him look more desirable to employers.

The application cost is high, but we're willing to do it. But before we plunk down a huge chunk of hard-earned non-refundable money, we're hoping to get some clarity on the process and what we're really eligible for. Internet searches on the subject return mixed messages, so here we are turning to the all-wise and knowing forum.

We are, firstly, a legitimate married couple. We've been married since March, 2014, and have lived together since 2012, so it should be easy to prove that.

But here are my concerns and "what if" questions...... - Are we able to apply while we are both living in the U.S.? It appears we can, with the Partner Provisional Visa (subclass 309) and Migrant visa (subclass 100). Just checking...


- If the application goes through and if it gets approved, is there a timeline that we need to move or visit Australia? He's still applying for jobs in the U.S., as we can't put all of our eggs in one basket for the next year, and may not be able to move immediately if he is already holding another job here. Is there a deadline to move and gain residency?

- If by chance, he does get a job that is willing to sponsor him to work in Australia, or he gets a postdoc there on a student visa, does that override the partner visa application?

- Do we have to have the police checks and medical forms readily available before applying? Will I need to submit an Australian police check, despite living in the US for 25 years? Or do we get prompted during the process when those will be needed?

- I'm still a little foggy on the provisional visa vs the migrant visa, and the difference? From what I'm reading, the provisional is two years long, but I'm not clear on what takes place in those two years to move onto permanent residency.

-Lastly, this questions concerns me, the sponsor. Despite being an Australian citizen, I haven't lived there since I was 10 years old, when I my Mum married an American (it's a theme in our family). I'm now 35, and have always wanted to return. I do have my Australian birth certificate, current Australian passport, and have been back to Australia countless times to visit family. I also have worked for Qantas the past nine years. However, I have never had a tax ID number or any adult record, aside from a Bank of Melbourne account started eight years ago. Will my long lapse of Australian residency since being a child cause any troubles?

-Any other details or advice is welcome. Thank you so much for reading through and helping educate us before we make a big commitment

Ryan
 
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