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Discussion Starter · #1 ·
Hi all, new member here hoping to get some advice.

I will preface this my saying I have discussed this with a migration agent, however his advice seems to differ somewhat from what I have read online so I am hoping someone on here has first hand experience.

I am Australian and my girlfriend is German. We met in March 2016 and lodged a partner visa application in February of 2018 after her working holiday & subsequent student visa's had expired.

At the time of lodgement we were both set on remaining in Australia for the foreseeable future, however in recent months after she travelled back to Germany alone for the first time (we had been back together twice before) things have gotten somewhat complicated.

She and I are both quite young and I am almost finished my postgraduate degree, while she has yet to begin any study further than some diploma certificates in Australia. She is extremely keen to start a degree and after returning from her most recent trip, is quite homesick.

We've looked into her studying in Aus, and the cost is ridiculously prohibitive at least until she obtains PR which will be at least another 2.5 years. Since her trip we've talked a lot and she has raised the possibility of moving back to Germany to study for free and start as soon as she can.

This situation is causing a lot of stress for both of us, so i'de just like to find out whether this is possible in the context of having our partner visa granted.

From my research online, she will need to remain in Australia until our 820 temporary residence section of the partner visa is granted. This is expected to be between August-December this year. However it appears the 801 permanent residency visa can be granted while inside of outside of Australia.

So my question is:

If we were to move to Germany after the 820 visa is granted, will the 801 visa later be compromised? Does anyone here have experience in this?

I did raise it with a migration lawyer and he advised that we would need to show an intent to return to Australia in order for the 801 visa to be granted, however I haven't read anything similar online. Does anyone know if this intent would need to be immediate or could we just say we plan to settle in Australia at some point?

I don't mean to second guess paid advice but would appreciate any comments of people who have done something like this before!

Thanks for reading and I appreciate any comments :)
 

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If you have consulted a RMA, you might receive a different answer on a public forum, but you are unlikely to receive a better one.

You might care to note that if an applicant is outside Australia and an 801 is refused, the merits review rights are lost.
 

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Discussion Starter · #3 ·
If you have consulted a RMA, you might receive a different answer on a public forum, but you are unlikely to receive a better one.

You might care to note that if an applicant is outside Australia and an 801 is refused, the merits review rights are lost.
Of course - I trust his advice, just hoping to get some feedback of people who have gone through something personally.

That's good to know, I was not aware that would be the case so thank you.
 
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