Can I move overseas for 2 years while on temporary defacto visa?

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Can I move overseas for 2 years while on temporary defacto visa?


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Old 08-29-2011, 02:05 PM
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Can I move overseas for 2 years while on temporary defacto visa?

Hi,

another pressing question I want to make sure to cover before paying nearly $3000 for my visa!

Me and my partner are planning to live in Australia for at least the next year or so. However, I want to go back to my home country (with my partner) to finish off my studies which would take around 2 years. I want to do the visa now, so I can stay for the upcoming year and in the future we would have it all done on our return and not having to worry about it anymore.

If i get the de facto 820 visa granted this year am I then allowed to stay away from Australia for such an extended period of time or do I for some reason then lose my visa?

I have not found any info on this on the immi site, so any knowledge on the matter would be much appreciated!!

thanks!


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Old 08-29-2011, 09:59 PM
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I just want to say I'm also interested in the answer to this! I plan to apply for a de facto visa (permanent, which is different I suppose, but still) and have always wondered what would happen if, say, a family member at home fell ill and I needed to go home for a while before the visa was granted permanently... would it damage the process?


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Old 08-30-2011, 12:14 AM
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Hi,

I can confirm that you can definately go overseas for as long as you want whilst you are on a subclass 820, you can also be overseas when they process the subclass 801. It says on one of the forms that you can be overseas for the grant of the subclass 801, you just have to let them know about your address.

My husband, who is on 820, and I will be leaving Australia before he is eligible for 801, and we won't be back for at least 5 years. Basically, it's good if you can stay together during that time. I promise you this is correct, beause I'm in the same boat, but I can try and find where it says this on the form if you want.

What I suggest, is that once you have held 801 for 1 year (being a permanent resideny), apply for citizenship. Normally you would have had to lived in Australia during this time, but if you have been living overseas with your partner, you are exempt.

I quote:
If you have spent time outside Australia as a permanent resident with your spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.

Source: Australian Citizenship – Variation to the residence requirement
Under "Ministerial Discretions"

So basically, you will be able to be offshore for the second stage of the visa, and you can return to Australia if you want, and apply for citizenship onshore, or you can stay overseas if you want.


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Old 08-30-2011, 11:03 AM
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thank you very much for that info! Very good news indeed!


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Old 09-01-2011, 04:55 PM
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So: "if the relationship is still ongoing 2 years after you applied, a permanent visa may be granted" means that during those two years before it can become permanent, you are really literally free to travel abroad? You don't need to be in Australia for any certain amount of time out of those 2 "pending" years?


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Old 09-02-2011, 05:44 AM
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Quote:
Originally Posted by Nelly87 View Post
So: "if the relationship is still ongoing 2 years after you applied, a permanent visa may be granted" means that during those two years before it can become permanent, you are really literally free to travel abroad? You don't need to be in Australia for any certain amount of time out of those 2 "pending" years?
Exactly. Of course, you would probably need to spend that time away with your partner for the most part, because in 2 years when they are reading to assess you for permanent residency they will ask for more evidence that the relationship is ongoing.

I'm 100%. It says on the form 40SP or 47SP (I forget), "you can be outside of Australia for the grant of the second stage visa", and that's what I intend to do with my husband


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