Australia Forum banner

Status
Not open for further replies.
1 - 11 of 11 Posts

·
Registered
Joined
·
5 Posts
Discussion Starter · #1 ·
Hi forum!
I was hoping someone might be able to give me some advice about stage 2 of spouse visa processing?
My situation is this: My partner applied for spouse visa in australia (820) and was granted the visa. We then went overseas for a holiday 6 months after and while we were supposed to be returning after 3 months, he was offered a job and we are now staying here longer. We have updated our address with immigration, but now im wondering about when we have to apply for the stage 2. I was told that my partner needs to be in australia to get the PR granted, but we dont intend on moving permeanently back to australia for a couple of years. Is it possible for the immigration office to let us know when he needs to be back and just go there for a short holiday? The reason we dont intend on going back for a couple of years is that if he works in his job here for a couple of years longer he will get a qualification and be able to do that work in australia, he had alot of problems trying to find work when we were in australia without any. Also, we have a daughter who will be nearly ready to start school by the time we wnt to return and australia is where we intend to stay once we go back. Is anyone in a similar situation or have been in the past?
Also, one other thing: When we checked online the other day on VEVO Visa entitlements on the immi website, it said that his current visa 820 expires in 2029? The date is exactly 20 years from when we left australia for our holiday.I thought it was only valid for two years?
As we are now also married (one month ago) do we send the form 1022 change of circumstances now or do we wait until we send all our paperwork for the stage 2 visa?
I know its alot of things to ask, but i was hoping someone might be able to share any experiences/advice they have? Thanks heaps in advance everyone! Cheers! Aussie Girl
 

·
Registered
Joined
·
7,467 Posts
You do need to be back in Australia for the 801 grant and you can work on that being roughly two years from the 820 grant I'd imagine.

I'm not aware of any variances on that requirement you can seek but why not send in your marriage advice and why you're staying overseas for a bit and ask whether there is an option available.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #3 ·
You do need to be back in Australia for the 801 grant and you can work on that being roughly two years from the 820 grant I'd imagine.

I'm not aware of any variances on that requirement you can seek but why not send in your marriage advice and why you're staying overseas for a bit and ask whether there is an option available.
Wanderer
Thanks for the fast reply. I did inform the department that we were married when i originally informed them of my change in address. I sent an email saying i had changed address and we were now married, they sent back an email saying please complete form 929, but nothing about the marraige. We still have a year b4 the secong stage process will begin, i thought i should get a head start and try to find out a bit of info beforehand rather then having to rush around at the last minute trying to organise things. I will send another email asking if i need to send the form 1022 and i might try giving them a call. Unfortunately where we are is 10 hours behind, and it means waiting till 11pm at night to call australia! I was tring to avoid it as we live with 5 other people and i dont like disturbing them! Thanks again for the reply! Cheers! Aussie girl
 

·
Registered
Joined
·
4 Posts
Wanderer
Thanks for the fast reply. I did inform the department that we were married when i originally informed them of my change in address. I sent an email saying i had changed address and we were now married, they sent back an email saying please complete form 929, but nothing about the marraige. We still have a year b4 the secong stage process will begin, i thought i should get a head start and try to find out a bit of info beforehand rather then having to rush around at the last minute trying to organise things. I will send another email asking if i need to send the form 1022 and i might try giving them a call. Unfortunately where we are is 10 hours behind, and it means waiting till 11pm at night to call australia! I was tring to avoid it as we live with 5 other people and i dont like disturbing them! Thanks again for the reply! Cheers! Aussie girl
hi aussie girl,
my hubby and i are in the same situation. he is working as an expat here in my country while after i applied for spouse visa and now i got the probationary visa i don't know if should i go to aus and be separated for a while with my hubby coz he can't quit in his work here it is going well and it's hard to find a job there in aus at the moment. so how's your husband's visa doing? what did you do? a reply would be greatly appreciated....thank u.
 

·
Registered
Joined
·
7,467 Posts
hi aussie girl,
my hubby and i are in the same situation. he is working as an expat here in my country while after i applied for spouse visa and now i got the probationary visa i don't know if should i go to aus and be separated for a while with my hubby coz he can't quit in his work here it is going well and it's hard to find a job there in aus at the moment. so how's your husband's visa doing? what did you do? a reply would be greatly appreciated....thank u.
The way you have written that Vodka could nearly be taken as you applied for the partner visa whilst out of Australia.
If that is so, you can be outside of Australia when the PR is granted.
 

·
Registered
Joined
·
4 Posts
The way you have written that Vodka could nearly be taken as you applied for the partner visa whilst out of Australia.
If that is so, you can be outside of Australia when the PR is granted.
oh thank you for the reply. but in my visa it is written "must not arrive after notification of decision on, or withdrawal of, the application for partner (migrant) visa or spouse (migrant) visa. does that mean i have to be already in australia before the decision of my PR? I'm really confused. help...
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #7 ·
Hi Vodka 13
I think we may be in a bit different situation to yours....we applied in australia for my partners visa (subclass 820) and as far as Ive been told, my partner must physically be in australia when/if he is granted the PR. We have informed the department we are currently living overseas and my partner working, there is no problem with that because his visa says 'multiple travel to and from australia during the validity of your visa'. When we recieve the second stage documents, we will inform the department we r still,overseas due to work reasons and other and ask if they can let us know when the visa is ready to be granted so we can travel back at that time. If your visa has a 'must not enter after', as far as im aware you must enter australia to validate your visa b4 that date. As for the PR, if you applied out of australia, you dont have to be there when they grant the PR. As i said, we applied in australia, so there are different circumstrances in our case.
Good luck!!!! Cheers aussie girl.
 

·
Registered
Joined
·
4 Posts
Hi Vodka 13
I think we may be in a bit different situation to yours....we applied in australia for my partners visa (subclass 820) and as far as Ive been told, my partner must physically be in australia when/if he is granted the PR. We have informed the department we are currently living overseas and my partner working, there is no problem with that because his visa says 'multiple travel to and from australia during the validity of your visa'. When we recieve the second stage documents, we will inform the department we r still,overseas due to work reasons and other and ask if they can let us know when the visa is ready to be granted so we can travel back at that time. If your visa has a 'must not enter after', as far as im aware you must enter australia to validate your visa b4 that date. As for the PR, if you applied out of australia, you dont have to be there when they grant the PR. As i said, we applied in australia, so there are different circumstrances in our case.
Good luck!!!! Cheers aussie girl.
thanks for the info. yes i also got multiple travel written in my visa. have a nice day.
 

·
Registered
Joined
·
54 Posts
Hi Vodka 13
I think we may be in a bit different situation to yours....we applied in australia for my partners visa (subclass 820) and as far as Ive been told, my partner must physically be in australia when/if he is granted the PR
This is not correct. Your partner can be offshore when the PR visa is granted.

Kind regards,

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699
Home
 

·
Registered
Joined
·
3 Posts
Hi there, I'm not sure if my concern is similar with ur situation here, and still need advice from anybody that can help. I am now living in Australia with my partner with Visa subclass 801 and my 2 years waiting period will be ended on May next year. But the problem is I am most likely will be in europe for my Master on March, which mean 2 months before my waiting period ended and wont back to oz till the year after. If anyone can advice me on how this thing can affect my PR application and if it can be still granted when I am offshore. thanks in advance.

regards
 

·
Registered
Joined
·
7,467 Posts
Hi there, I'm not sure if my concern is similar with ur situation here, and still need advice from anybody that can help. I am now living in Australia with my partner with Visa subclass 801 and my 2 years waiting period will be ended on May next year. But the problem is I am most likely will be in europe for my Master on March, which mean 2 months before my waiting period ended and wont back to oz till the year after. If anyone can advice me on how this thing can affect my PR application and if it can be still granted when I am offshore. thanks in advance.

regards
Just answered on your own thread Sarah and there has been a recent legislative change that means an 801 can also be granted when offshore.
 
1 - 11 of 11 Posts
Status
Not open for further replies.
Top