[au-us-101]

I am a permanent resident of Au (visa 189), stayed and worked there for 2 years (2014-2016). I then moved to the US to marry and to be with my American husband. Now we decided that we want to move to Australia and live there permanently. Since I am not a citizen it is a bit tricky to prove that I am a "usual resident" of Australia.

I didn't have a lease when I lived in Sydney but I still have active bank account, credit cards but no utility bills under my name.

We would like to apply for 309/100 visa but quite unsure because I am thinking of a high chance of rejection.

Is there someone who can offer suggestion or had a similar situation and was able to get approval? We are planning on getting in touch with a migration agent but just want to know what are our best options. I could move back and apply for my partner but I don't want us to be living apart while waiting for the visa.

Thank you in advance for your responses/inputs.

 

[JandE]

Can you move back and your partner get a visitor visa, and then once settled again, apply for the onshore 820 visa.

This bit is a problem: "Australian permanent resident or eligible New Zealand citizen sponsors must usually live in Australia." But moving back, and having bank accounts etc., with good reasons to explain absence, might help.

A good idea to run it past a migration agent though.

 

[au-us-101]

Can you move back and your partner get a visitor visa, and then once settled again, apply for the onshore 820 visa.

This bit is a problem: "Australian permanent resident or eligible New Zealand citizen sponsors must usually live in Australia." But moving back, and having bank accounts etc., with good reasons to explain absence, might help.

A good idea to run it past a migration agent though.

Thank you! I think that's the easiest option but not without pitfalls. It looks like using the visitor visa fraudulently to get a partner visa but based on some forums that we visited it's not uncommon and seems acceptable.

One option for us is for him request for a transfer for work which is a long shot but we will try that for sure.

 

[JandE]

On our first visitor we actually stated that we wished the visit so she could see what Australia was like before making a decision on which country to live in. I was living in her country at the time.

The visa was still granted, for 3 months.

 

[wrussell]

It looks like using the visitor visa fraudulently to get a partner visa

Applying for a partner visa from visitor visa is not a fraudulent practice.

 

[au-us-101]

Thank you @JandE and @wrussel for the responses.