Partner Visa while Residing Overseas

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Partner Visa while Residing Overseas


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Old 01-26-2018, 09:50 PM
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Partner Visa while Residing Overseas

Hey there everyone!
I am hoping to get some clarity about the process of sponsoring my US husband to move to Australia. There's a lot of costs and paperwork involved and we hope to get it right and know what we're getting into.

I'm an Australian born citizen living in the US, and am in a same-sex marriage with an American. We've been married for four years.

He's on the verge of completing his PhD here in the US and we're looking to move to Australia. He's applying for jobs but is having trouble getting employers to consider him without a right to work there yet. The partner visa may be the way to go to make him more desirable.

It looks like I can apply for partner visa (subclass 309 and 100).

Since we both reside in America:
-Can we apply and stay here for the time being?
- If he does get accepted and allowed a temporary visa, do we need to move immediately to Australia? Is there a time frame? We may not have any jobs when it is approved and need to organize that.

-It looks like it'll take a year to process, but any real world experience on this?

Thank you for any help or other suggestions

Ryan


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Old 01-30-2018, 08:30 PM
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Yes, you can apply from the US and remain there for the time being.

When the visa is granted, it will come with 2 important dates. The Initial Entry Date is usually the one-year anniversary of completing the medical/police checks, whichever comes first. He will need to enter Australia before that date to activate the visa, but this can be a simple holiday trip with no mandatory minimum time spent in Australia.

The 2nd date is the Must Enter By date which is the expiry of the entry rights. This is 5 years from the date the visa is granted. You need to either move over by that date, or he would then need to apply for another visa (usually people get the Resident Return Visa and whether it's granted would depend on whether he's got ties to Australia. With you being a citizen, that'd be likely good enough to count as ties but it won't work indefinitely).

A year seems to be the average processing at the moment, but really anywhere between about 9-15 months.

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Old 01-30-2018, 09:54 PM
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Side note - if your visa doesn't go straight to the 100 status permanent then follow up with the department and request that they assess your application as you are eligable to bypass the 309 stage.


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