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Discussion Starter · #1 ·
Hello,

My partner and I are in a bit of a rutt at the moment. I just got accepted for my 820 visa (YAY!) and we were hoping to live abroad for a few years. My question is, can we live in a different country for the 801 visa to be granted? We want to be able to live in another country for a few years before settling back in Australia. Is this possible to do without losing out on getting the 801? We can't find any rules on residency anywhere and went to an immigration agent who didn't know the answer either.

Please help!
 

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801 can be granted anywhere in the world. Immigration may ask about your intentions to reside in Australia permanently.
 

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Discussion Starter · #3 ·
801 can be granted anywhere in the world. Immigration may ask about your intentions to reside in Australia permanently.
Hi Mish, thank you for that. We thought that was the case but recently went to an immigration centre where we were told that living abroad would be a huge risk to the acceptance of our 801 visa and that we would likely not be granted with it without having exceptional circumstances to leave the country. Is this not the case? We thought it would be fine considering all research we've done, but he made it sound like there were hidden rules we didn't know about.

I appreciate your help.
 

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Discussion Starter · #5 ·
I am currently looking into this too! We want to live abroad while we wait for 801 to process!
Glad to hear someone else is in the same boat! At this point, our plan is to reside abroad, since we have the full intention of living in Australia permanently once we've finished a bit of travelling. Good luck on your journey!
 

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Glad to hear someone else is in the same boat! At this point, our plan is to reside abroad, since we have the full intention of living in Australia permanently once we've finished a bit of travelling. Good luck on your journey!
Are you traveling abroad or living and working abroad? My partner (Aussie) and I (American) want to live in the US for 2-3 years before coming back to AUS but I don't want to lose my chance at an 801 after paying its massive fee.
 

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Discussion Starter · #7 ·
We will be travelling Europe before moving to the USA for a few years and then moving back to Australia, so it seems to be a very similar situation. Based upon all of our research (and the response to this thread) we've found that this is possible so long as we can prove that we intend on living in Australia permanently afterwards, which we do. I would do your own research as well though just to be safe. However, it seems that the US visa is the real tricky part in this situation since both the fiance visa and marriage visa require you to establish domicile.
 

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Yes, I spoke with Immi yesterday and it looks like it is OK to live and travel abroad after 820 is approved. Hope that is really OK. Based on that, we've decided to apply straight away.

Yes, the US will be much trickier. A lot cheaper but I've heard a lot more difficult to get visas.
 

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Discussion Starter · #9 · (Edited)
Yes, I spoke with Immi yesterday and it looks like it is OK to live and travel abroad after 820 is approved. Hope that is really OK. Based on that, we've decided to apply straight away.

Yes, the US will be much trickier. A lot cheaper but I've heard a lot more difficult to get visas.
Great, glad you've spoken with them as well! I'm fairly confident that the only potential restriction is potentially once the 801 is granted, although since this is a permanent visa it may not have the same typical PR requirements (i.e. needing to live in Aus for 2 of the 5 years).

Yes, US is very tricky. If you think your parner has the ability to apply for an E3 visa, it seems like the best option. Otherwise, the marriage and fiance visas both seem like good alternatives but with longer waiting periods (~1 year) and the very confusing 'domicile' requirement.

What stage are you at in your visa? My 820 visa was approved a few months ago, so we will be applying for the 801 visa oversees (which by all of our research seems to be ok).
 

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Great, glad you've spoken with them as well! I'm fairly confident that the only restriction is once PR is granted. At that point you will need to ensure that you're living in Australia for at least two of the five granted PR years if you plan on renewing your PR, which it sounds like you will be.

Yes, US is very tricky. If you think your parner has the ability to apply for an E3 visa, it seems like the best option. Otherwise, the marriage and fiance visas both seem like good alternatives but with longer waiting periods (~1 year) and the very confusing 'domicile' requirement.

What stage are you at in your visa? My 820 visa was approved a few months ago, so we will be applying for the 801 visa oversees (which by all of our research seems to be ok).
Yes, that's exactly right from what I've been told by Immi. I'm going to call Immi again today to triple check!

We haven't even looked at visas for the US. That's probably something we should do soon. Are you heading to the US?

I actually haven't yet applied for my 820/801 visa. I needed to get a few questions answered (such as living abroad on 820) before. But it looks like it's a GO and I'll be starting the organizing process today. How long did it take for your 820 to be approved?
 

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Discussion Starter · #11 ·
Yes, that's exactly right from what I've been told by Immi. I'm going to call Immi again today to triple check!

We haven't even looked at visas for the US. That's probably something we should do soon. Are you heading to the US?

I actually haven't yet applied for my 820/801 visa. I needed to get a few questions answered (such as living abroad on 820) before. But it looks like it's a GO and I'll be starting the organizing process today. How long did it take for your 820 to be approved?
Good call, I definitely recommend checking with Immi as they know much more than I do. Yes, we are planning to move to the US and are going to try for the E3 visa as it seems fairly straightforward.

Oh ok, I'm not sure of the requirements of living abroad while applying for the 820 visa as that wasn't necessary info for our circumstances. Hope that works out!

I applied for my visa on Jan of 2017 and it was approved Jan of 2018, but I've been informed that this is way quicker than normal circumstances. This may have been because we supplied everything (background checks, health check-ups, etc) as soon as possible. However, I'm not sure I recommend this as both the background check and medical will expire after a year and both are relatively costly.
 

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Great, glad you've spoken with them as well! I'm fairly confident that the only potential restriction is potentially once the 801 is granted, although since this is a permanent visa it may not have the same typical PR requirements (i.e. needing to live in Aus for 2 of the 5 years).

Yes, US is very tricky. If you think your parner has the ability to apply for an E3 visa, it seems like the best option. Otherwise, the marriage and fiance visas both seem like good alternatives but with longer waiting periods (~1 year) and the very confusing 'domicile' requirement.

What stage are you at in your visa? My 820 visa was approved a few months ago, so we will be applying for the 801 visa oversees (which by all of our research seems to be ok).
The permanent residency visa is permanent, but the travel facility is not. Upon grant, you can leave and enter Oz as much as you like for 5 years but after that, you'll need an RRV to return which does have requirements.

Don't get caught out of Oz without an RRV after the initial travel facility expires or you won't be coming back in on your 801! Prior planning prevents poor performance.
 

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Yes, that's exactly right from what I've been told by Immi. I'm going to call Immi again today to triple check!

We haven't even looked at visas for the US. That's probably something we should do soon. Are you heading to the US?

I actually haven't yet applied for my 820/801 visa. I needed to get a few questions answered (such as living abroad on 820) before. But it looks like it's a GO and I'll be starting the organizing process today. How long did it take for your 820 to be approved?
If you're planning to spend so much time abroad, why not just do the offshore 309/100?
 

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If you're planning to spend so much time abroad, why not just do the offshore 309/100?
Just looking at the 309 visa! Looks very similar to 820/801 route but doesn't look like I can work in AU. Wait, take that back...I just saw that I can work. So what's the major difference between 309 and 820 route?
 

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Just looking at the 309 visa! Looks very similar to 820/801 route but doesn't look like I can work in AU. Wait, take that back...I just saw that I can work. So what's the major difference between 309 and 820 route?
They are the same except:

The 309/100 is offshore so you need to apply offshore and be offshore for the 309 grant.

The 820/801 is onshore so you need to apply onshore and be onshore for the 820 grant.

Both the 100 and 801 (PRs) can be granted anywhere in the world so doesn't matter if you're on or offshore for either at that stage.

The 820/801 is better for people wanting to stay in Australia while they await a decision.

The 309/100, because is an offshore application, does not come with a bridging visa and so to have work rights in Australia, you need to be a 309 holder or on some other visa while you wait that has work rights if you wanted to work in Australia. But if you're planning on living abroad, you don't need to worry about it. You'll have all the same rights as an 820 holder if you are a 309 holder. The only difference in th subclass numbers is to designate either onshore or offshore. Both applications also entitle you to Medicare from the day you apply, the only difference being with the 309/100 app is that you need to come onshore to apply for Medicare as you obvious can't apply for Medicare without being in Australia and visiting an office.

Anyway, I suppose it depends on when you plan on leaving and what visa you are presently on in Australia. The 820 grant can be fast like of late but not likely... It's far more likely you'll be waiting 1-2 years for the grant and the BVA you'll be on while waiting does not come with travel rights. You can always apply for a BVB but I seriously doubt they'll grant you one if your reasoning is to live abroad. Usually people get them for a few weeks to 3 months and for purposes of short holidays or family emergencies.

Also, as I'm sure you already know, the BVA that comes after the 820/801 app has full work rights but does not go into effect until your current visa ends.
 

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They are the same except:
.......
Also, as I'm sure you already know, the BVA that comes after the 820/801 app has full work rights but does not go into effect until your current visa ends.
Wow, thank you so much for taking the time to provide all that info. Currently on the work and holiday visa which expires in June and there isn't any other option for me to stay and be able to work in Australia. So, the 820 still looks like the best route to take to stay and work in Australia for at least 8 more months. I will just have to extend my time here until it is approved.

Thanks again for your insight!
 

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Living overseas on 820

Hey guys,

I know you have all said it but i just wanted to add my experience/future plans as well :)

My partner is from the UK and we applied for the 820/801 partnership visa in June 2017.

In late February 2018 we were asked to provide his police certificate, we submitted it 10 days later and that is the only communication we had with anyone from the government about the visa.

We were granted the 820 on March 16th 2018. (we were surprised as that is only 9 months and we were expecting to wait at least 18!)

We have been hoping to spend a year in Canada once he is a resident (but not wanting to wait until 2021 which is the latest the 801 could be granted) before coming back to settle in Australia.

I have called the Home Affairs office twice and both times received the same answer: That living overseas whilst the 801 is being process in no way will affect the decision of it.

I am still slightly nervous because we are not able to get that in writing (and the government aren't exactly known for sticking to their word), and having to submit the 801 whilst in Canada (with minimal valuables and no family or Australian friends there for Stat Decs) will be difficult. But it is good to know that you are all in a similar boat. The guy from Home Affairs said on the phone there is no need to wait until its approved and to go to Canada as soon as we want.

He did mention that (please correct me if this is wrong) once the Permanent Residency is granted, we must spend at least 2 out of the following 5 years living in Australia, otherwise our intentions will be questions.

Any other information you guys have on this would be appreciated, i am currently looking for checklists for the 801 so we can get most of it sorted before we go to Canada and just add things in as we go before we submit.

Good luck to you all :)
 

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Hey guys,

I know you have all said it but i just wanted to add my experience/future plans as well :)

My partner is from the UK and we applied for the 820/801 partnership visa in June 2017.

In late February 2018 we were asked to provide his police certificate, we submitted it 10 days later and that is the only communication we had with anyone from the government about the visa.

We were granted the 820 on March 16th 2018. (we were surprised as that is only 9 months and we were expecting to wait at least 18!)

We have been hoping to spend a year in Canada once he is a resident (but not wanting to wait until 2021 which is the latest the 801 could be granted) before coming back to settle in Australia.

I have called the Home Affairs office twice and both times received the same answer: That living overseas whilst the 801 is being process in no way will affect the decision of it.

I am still slightly nervous because we are not able to get that in writing (and the government aren't exactly known for sticking to their word), and having to submit the 801 whilst in Canada (with minimal valuables and no family or Australian friends there for Stat Decs) will be difficult. But it is good to know that you are all in a similar boat. The guy from Home Affairs said on the phone there is no need to wait until its approved and to go to Canada as soon as we want.

He did mention that (please correct me if this is wrong) once the Permanent Residency is granted, we must spend at least 2 out of the following 5 years living in Australia, otherwise our intentions will be questions.

Any other information you guys have on this would be appreciated, i am currently looking for checklists for the 801 so we can get most of it sorted before we go to Canada and just add things in as we go before we submit.

Good luck to you all :)
That's great to hear your partner's visa was approved so quickly!

Looks like living abroad on the 801 is ok. We'll be doing the same once its approved.

And yes, you're right regarding 2 out of 5 years living in Aus once PR is approved. :). Good luck in Canada!
 

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Hey guys,

I know you have all said it but i just wanted to add my experience/future plans as well :)

My partner is from the UK and we applied for the 820/801 partnership visa in June 2017.

In late February 2018 we were asked to provide his police certificate, we submitted it 10 days later and that is the only communication we had with anyone from the government about the visa.

We were granted the 820 on March 16th 2018. (we were surprised as that is only 9 months and we were expecting to wait at least 18!)

We have been hoping to spend a year in Canada once he is a resident (but not wanting to wait until 2021 which is the latest the 801 could be granted) before coming back to settle in Australia.

I have called the Home Affairs office twice and both times received the same answer: That living overseas whilst the 801 is being process in no way will affect the decision of it.

I am still slightly nervous because we are not able to get that in writing (and the government aren't exactly known for sticking to their word), and having to submit the 801 whilst in Canada (with minimal valuables and no family or Australian friends there for Stat Decs) will be difficult. But it is good to know that you are all in a similar boat. The guy from Home Affairs said on the phone there is no need to wait until its approved and to go to Canada as soon as we want.

He did mention that (please correct me if this is wrong) once the Permanent Residency is granted, we must spend at least 2 out of the following 5 years living in Australia, otherwise our intentions will be questions.

Any other information you guys have on this would be appreciated, i am currently looking for checklists for the 801 so we can get most of it sorted before we go to Canada and just add things in as we go before we submit.

Good luck to you all :)
The 820/801 website has it in writing for you.

Look up RRV Resident Return Visa for information after the 5 year travel facility ends on the 801.
 

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thank you for sharing your experience!
me and my partner also left Australia after I got my 820 because he got a job offer so we've been living abroad for an year so far and now I need to apply my 801 soon, eligible date was November 2018.
we definitely want to go back to Australia in couple of years but I don't know how to explain to case officer about it. we lived in Australia long, have lots of friends but just not sure what prove we can upload for planning to go back to Australia.
how will you do about it in Canada if you don't mind to ask?
 
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