Leaving Australia before PR/Citizenship

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Leaving Australia before PR/Citizenship


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Old 07-16-2016, 01:13 AM
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Leaving Australia before PR/Citizenship

My husband and I applied for my 820/801 in January of this year and we're still waiting for it to be granted (not surprising).

Due to not wanting to be apart and the fact I could get WHVs here, we're living in Australia now but long term it has always been our intention to go back to the UK where my family are.

We currently have no idea how long it will take us to get back to the UK because he's just finished a degree and I've just started a year's contract in a new job. My parents are also planning to come to Australia to visit in August 2017 so we won't be leaving before then, by which time I'd hope I'll be on TR.

What I want to know is what happens if I leave Australia before applying for PR or before my PR is granted? If, in the future we decide we want to move back here would that negatively affect things? Or would it make it difficult for me to visit?

Obviously the ideal would be to get my PR or even citizenship but I'm not sure we'll be here that long.


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Old 07-16-2016, 01:42 AM
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Without considering your circumstances, and as general advice not to be relied upon, my understanding is that if one maintains close relationship with Australia (including living / being with an Australian citizen) while overseas they are allowed to progress to PR and maintain PR.

Quote:
Originally Posted by Arabella View Post
My husband and I applied for my 820/801 in January of this year and we're still waiting for it to be granted (not surprising).

Due to not wanting to be apart and the fact I could get WHVs here, we're living in Australia now but long term it has always been our intention to go back to the UK where my family are.

We currently have no idea how long it will take us to get back to the UK because he's just finished a degree and I've just started a year's contract in a new job. My parents are also planning to come to Australia to visit in August 2017 so we won't be leaving before then, by which time I'd hope I'll be on TR.

What I want to know is what happens if I leave Australia before applying for PR or before my PR is granted? If, in the future we decide we want to move back here would that negatively affect things? Or would it make it difficult for me to visit?

Obviously the ideal would be to get my PR or even citizenship but I'm not sure we'll be here that long.

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Old 07-16-2016, 01:51 AM
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The problem you would face is if after you get PR you do not live in Australia they may reject the resident return visa. Citizenship would not be an option if you don't meet the requirements.

Your best option would be to try and stay in Australia until you get citizenship then you don't need to worry about if they will grant you a resident return visa or not.


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Old 07-16-2016, 02:03 AM
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The only problem with that is I won't even be eligible for citizenship until some time in 2019 I don't think and we'd really like to go before then.

Would you have to apply for a resident return visa for visiting family here? Is that also the same thing you'd have to apply for if you wanted to return here to live? What grounds could they have for rejecting it?

Is there any scenario where I would have to apply for a partner visa again?


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Old 07-16-2016, 02:10 AM
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Yes you would need to apply for a resident return visa to visit family in Australia once the travel rights on the PR have expired.

I imagine you would need to apply for a new partner visa if they reject the resident return visa as you have no travel rights.

Usually they will grant short RRV when they haven't lived in Australia for awhile but after awhile of not living in Australia they will eventually say enough is enough. I have seen someone who was married to an Australian citizen rejected but that came after quite a few RRV's and not moving to live in Australia so they said that there was no intention.


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Old 07-16-2016, 02:13 AM
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Would I then just be able to travel on a normal tourist visa or could it actually stop me from coming to Australia to visit my husband's family?

It sounds quite extreme that I would just never be allowed back in the country, especially when married to an Australian who will still have family here.


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Old 07-16-2016, 02:21 AM
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I would think you could get a tourist visa.


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Old 07-16-2016, 02:26 AM
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It's so complicated! Basically to be able to get my husband into the UK I need to be earning around $35,000 a year pro rata for 6 months prior to the application and also have a job offer in the UK to go back to, also earning this amount of money. Otherwise I need to have roughly $125,000 sitting in our bank account for at least 6 months prior to the application!

Whilst child-free this is difficult but not entirely impossible. If I have a child before we go, I then have to factor in any time I'm on maternity leave and also would potentially have to leave my child in Australia with my husband whilst I go off and have interviews in the UK and then we'd have to move with said child in tow.

It's just easier to do it before we have kids and I don't really want to wait another 3 or 4 years before we do that.


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Old 07-16-2016, 02:31 AM
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I have heard that the UK is quite hard for partner visas. It makes you realise how lucky we are in Australia not to have a minimum amount you have to earn (even though the visa cost is high).


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Old 07-16-2016, 02:34 AM
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Quote:
Originally Posted by Mish View Post
I have heard that the UK is quite hard for partner visas. It makes you realise how lucky we are in Australia not to have a minimum amount you have to earn (even though the visa cost is high).
Yeah, it's a big part of the reason why we even applied for the Australian partner visa in the first place. I'd been living here and on a WHV and meeting the financial requirements for the UK just wasn't feasible.

I don't think the paperwork for the UK will be as bad but as we've already done it all anyway it doesn't matter really if it is. Just the financial thing.

Hence my predicament with PR/citizenship.

On the plus side, if I have to save up $125,000 we'll have a house deposit when we get there!

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