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Discussion Starter · #1 ·
I've got a hypothetical scenario - any help would be appreciated!

I'm on a 457 visa and my application for an 820/801 partner visa has been submitted. I've had the meds and I am hopeful the 820 temporary element could be approved in the next few months. 801 permanent won't come until September 2016.

My Australian partner has found that her role is being relocated and is expected to be offered a position abroad.

If we were to go abroad, our intention would be to return back to Australia in a couple of years.

If I was to leave the country for a period of 2 years then what impact does this have on my onshore partner visa application? Can this still be approved whilst I am out of the country or is it cancelled? Can it be converted into an offshore application?

Thanks for your help
 

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No, your onshore application can not be converted to an offshore one. When does your 457 visa expire? While your 457 is active, you can travel in and out of Australia as much as you like (as long as you're still working for a sponsoring employer under the conditions of your visa). Once your 457 visa expires, you'll need to apply for a Bridging Visa B if you want to travel out of the country - but even that only allows six months of travel.

Unfortunately, you're in a bind. They can't and won't grant your onshore visa without you being onshore. Assuming you applied in September (given the timing you've stated for your 801), you're still looking at another 11-14 months, most likely, before your grant.

Your options would be to see if they'll put your application on hold for that long (pretty unlikely... they'll do it for a few months in special circumstances, but I doubt they'd put it on hold for that long) or to see if they can notify you when they're ready to grant so you can get back onshore. Offshore embassies will do this for offshore applicants visiting Australia, but I've never heard of the Department doing it for onshore applicants who are traveling outside Australia. If they decide it while you're offshore, the visa is nullified and you lose your application fee.

Unfortunately it looks like your best options are 1) for your partner to look for a different job, and continue the partner visa application; or 2) to withdraw your onshore partner visa application (you won't get a refund) and apply offshore instead.
 
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Discussion Starter · #3 ·
Thanks for your response - looks like we'll be doing option 1 (looking for a role in Australia) which means this issue need not arise.
 
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