Travel back to Australia on partner visa

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Travel back to Australia on partner visa


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Old 11-07-2011, 10:09 PM
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Travel back to Australia on partner visa

Hi everyone,

I was granted a partner visa at the end of 2010. I travelled to Australia in January 2011 to validate it, but returned to Europe (with my partner - relationship is ongoing) after a few weeks.
For a number of reason I haven't been back to Australia in 2011 but I'm planning a trip in January 2012.

I know that I'm allowed to travel back and forth to Australia on my visa, but I was wondering if the time spent out of Australia in 2011 will be a problem when re entering in 2012.
I will contact the Berlin office to have a clear answer but I was also after your advice!

Thanks a lot,

Caro


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Old 11-07-2011, 10:31 PM
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Hi Caro, do you currently hold a permanent/temporary partner visa?

Assuming it's a permanent one, I know that you can travel in/out of the country all you want for the length of your visa (usually 5 years). BUT! After that has expired, although your PR visa remains indefinitely, you will be limited to staying only in the country.

If you still want to travel in/out of Australia, you'll need to apply for a Resident Return Visa. Here's where it gets tricky. To be eligible for the visa, you must have stayed in Australia at least 2 out of the last 5 years (cumulatively). LINK HERE. There are some exceptions if you can provide compelling reasons though.

Long answer short = You won't have a problem reentering in 2012 as you have a valid visa. But if you need to stay out of Australia for long periods of time, just bear the Resident Return Visa requirements.


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Old 11-08-2011, 01:49 AM
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Quote:
Originally Posted by thejumpingkoala View Post
Hi Caro, do you currently hold a permanent/temporary partner visa?

Assuming it's a permanent one, I know that you can travel in/out of the country all you want for the length of your visa (usually 5 years). BUT! After that has expired, although your PR visa remains indefinitely, you will be limited to staying only in the country.

If you still want to travel in/out of Australia, you'll need to apply for a Resident Return Visa. Here's where it gets tricky. To be eligible for the visa, you must have stayed in Australia at least 2 out of the last 5 years (cumulatively). LINK HERE. There are some exceptions if you can provide compelling reasons though.

Long answer short = You won't have a problem reentering in 2012 as you have a valid visa. But if you need to stay out of Australia for long periods of time, just bear the Resident Return Visa requirements.
This is true but the problem is easily solved. To apply for citizenship one usually needs to have spent 4 years in Australia, including 1 year as a PR. However, when someone spends time outside of Australia with their Australian partner, time away from Australia can be counted as time in Australia:
Australian Citizenship – Variation to the residence requirement (under "Ministerial discretions")

This means that once someone has held a Partner visa for 4 years (which would mean 2 years as a TR and 2 years as PR) - they can apply for citienship even if they've been away from Australia - then there's not need to worry about Resident Return Visas


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Old 11-08-2011, 08:40 PM
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Assuming that you are still on your TR, was it granted offshore? Do you have a condition on it that you have to be onshore when the PR will be grated? If not, it shouldn't be a problem, you can travel as many times as you like


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Old 11-08-2011, 10:04 PM
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Hey!
Yes, still on temporary...It was granted offshore, and don't think there's any special conditions.
Thanks for all your answers, I'll let you know if I hear something different from Berlin.
Caro


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Old 11-09-2011, 01:20 AM
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Originally Posted by Lisa84 View Post
Assuming that you are still on your TR, was it granted offshore? Do you have a condition on it that you have to be onshore when the PR will be grated? If not, it shouldn't be a problem, you can travel as many times as you like
For anyone who applied onshore or offshore, they can be onshore or offshore for the second stage processing (PR).


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Old 11-09-2011, 09:50 PM
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Quote:
Originally Posted by SarahM View Post
However, when someone spends time outside of Australia with their Australian partner, time away from Australia can be counted as time in Australia:
Australian Citizenship – Variation to the residence requirement (under "Ministerial discretions")

This means that once someone has held a Partner visa for 4 years (which would mean 2 years as a TR and 2 years as PR) - they can apply for citienship even if they've been away from Australia - then there's not need to worry about Resident Return Visas
Ooo I did not know that. Thanks for that info.
The other point to note is to check on dual-citizenship restrictions for your home country if you decide to become an Australian citizen. I guess for my situation it's different as my country does not allow dual-citizenship (and I'm unwilling to give up being a citizen of my home country). So the only choice for me to remain in Australia as a PR and be able to continue travelling is to get the Resident Return Visa.


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Old 11-10-2011, 04:22 AM
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Quote:
Originally Posted by thejumpingkoala View Post
Ooo I did not know that. Thanks for that info.
The other point to note is to check on dual-citizenship restrictions for your home country if you decide to become an Australian citizen. I guess for my situation it's different as my country does not allow dual-citizenship (and I'm unwilling to give up being a citizen of my home country). So the only choice for me to remain in Australia as a PR and be able to continue travelling is to get the Resident Return Visa.
Yes it's an unusual piece of information that I'm happy to have found, since my partner and I will probably be away from Australia for many years and without this special condition his partner visa would have just gone to waste.
What is your home country??? I think as long as you actually want to remain in Australia with your partner that plan sounds fine, I wouldn't want to give up my home country's citizenship either


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