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Discussion Starter · #1 ·
Hi All,
Appreciate your view! My wife is on 309 visa and about 4 months away from 100 visa decision however I have found a great job in Europe and we both want to go. We aim to leave before her 100 will be decided. How will this move impact her 100 visa? Non-preferred option but should I go to Europe and settle in and get her to come after 100 visa is granted? The job will be a 1-3 year contract and then we would return to Oz. How will this affect here desire for Oz citizenship? Appreciated your advice on options we have, if any! Cheers
James
 

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Is she already eligible for her 100 and submitted her documents or her eligibility date is in 4 months? Just that there is no way to know when a decision will be made. If she isn't eligible yet the decision is still a long way off.

Immigration may ask what your intentions are to reside in Australia permanently. Apart from that they don't ask about living overseas.

Living overseas will affect her eligibility for citizenship. The current rules are no more than 12 months overseas in 4 years and no more than 90 days in the year before citizenship. She must have alteast 1 year PR. However, citizenship rules may change.
 

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Discussion Starter · #3 ·
We are going on an educated assumption that she will be granted the 100 visa soon as she has 1) been on Oz for 1 year, 8 months already (temp 309 visa) 2) happily in loving relationship with me ? ? 3) been working in legitimate tax paying job the whole time 4) etc.
You mention immigration may ask about her intentions etc. When? At time of 100 grant which suggest to me she should stay in Oz until such grant?
If immigration don’t ask about living overseas are you suggesting we just go with no issue? Apologies but I’m confused with your advice as we want to do the right thing. This leads me you next point about living overseas will affect citizenship. Sounds like we are stuffed as I want her with me for the duration of the 3 year contract. Is there an option for her to have the 3 years overseas and then come back and her citizenship wait period starts again...this is fine by us.
 

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Discussion Starter · #4 ·
just to add, our intention is to live our life out in Australia but in the interim, take advantage of this wonderful opportunity overseas for 3 years
 

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We are going on an educated assumption that she will be granted the 100 visa soon as she has 1) been on Oz for 1 year, 8 months already (temp 309 visa) 2) happily in loving relationship with me ? ? 3) been working in legitimate tax paying job the whole time 4) etc.
You mention immigration may ask about her intentions etc. When? At time of 100 grant which suggest to me she should stay in Oz until such grant?
If immigration don't ask about living overseas are you suggesting we just go with no issue? Apologies but I'm confused with your advice as we want to do the right thing. This leads me you next point about living overseas will affect citizenship. Sounds like we are stuffed as I want her with me for the duration of the 3 year contract. Is there an option for her to have the 3 years overseas and then come back and her citizenship wait period starts again...this is fine by us.
Everything you mentioned about her 100 does not mean she will be granted it soon pretty much everyone meets those requirements. So it doesn't mean it will be granted soon. From your previous posts it appears you lodged her 309 after March 2016. This means your eligibility date is after March 2018 so you would be looking at at least March/April 2019 but the time it is granted. Here are the global processing times for you: https://www.homeaffairs.gov.au/abou...ards/global-visa-citizenship-processing-times

Immigration ask the intentions before they grant the 100. It is one of those some people they ask and others they do not. All you need to do it write a short statement saying what your plans are. We have seen people residing overseas get their grants no issues at all.

She can stay overseas but it will affect her citizenship eligibility time.
 

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Discussion Starter · #6 ·
Thanks and apologies as I may be phrasing things incorrectly! She was granted 309 visa in May 2016 so my understanding is she has a 20-28 month wait for a decision on the 100 visa which is not far off. Or are u saying her 100 assessment date is near and that it could then take another year for a decision to be made to actually grant the visa? I hope not the latter! All in all I appreciate your feedback and will also seek immigration feedback ( no offence to u or the forum! )
 

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you are eligible to apply for the 100 2 years after the initial application is lodged. when did you first apply?
2 years after that you lodge the new form for the 100 (assuming you have done that ?) and from there the current processing time is 75% inside 22 months and 90 % in 30 months. (off memory, go from the link Mish provided)
 

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Thanks and apologies as I may be phrasing things incorrectly! She was granted 309 visa in May 2016 so my understanding is she has a 20-28 month wait for a decision on the 100 visa which is not far off. Or are u saying her 100 assessment date is near and that it could then take another year for a decision to be made to actually grant the visa? I hope not the latter! All in all I appreciate your feedback and will also seek immigration feedback ( no offence to u or the forum! )
It is based on when the 309 was lodged, not when it was granted. So for example say you lodged the 309 on 1 April 2016, your eligibility date would be 1 April 2018. You will then need to submit your stage 2 documents for immigration. The processing times are based on the time from your eligibility date (2 years from when the 309 was originally lodged). Immigration says that 75% of applications are processed within 20 months, so it can take 1 day or or longer than 20 months. I haven't been keeping up with the 100's or late, but a few months ago we were seeing grants around 14 to 16 months from eligibility date.
 
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