Lodge Partner Visa - both living overseas

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Lodge Partner Visa - both living overseas


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Old 04-13-2019, 07:06 AM
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Post Lodge Partner Visa - both living overseas

Hi,

I am an Australian Permanent Resident visa holder currently living in Singapore. I got my 189 independent PR visa recently (Jan 2019) and made first entry with a one day trip to Perth from Singapore.

I was supposed to move there and start the application for my wife's migration visa in Subclasses 309/100 (we recently got married). However, I have got a very interesting opportunity in the USA and we are planning to move there for the next 2 years instead of Australia. We will move to Australia at a later date.

My query is:
1. Can we both move to the USA and still apply for her offshore partner migration visa from the USA?

I was told by my agent (whom I don't completely trust anymore for various reasons) that I must be "settled" in Australia before sponsoring my wife and I can't sponsor her from overseas.

Any inputs are greatly appreciated!
Cheers!


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Old 04-13-2019, 07:58 AM
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As you are a permanent resident you will need to show that you are usually a resident of Australia. The easiest way to satisfy this is if the PR holder is living in Australia.

If the PR holder is not living in Australia immigration usually will ask for proof that they are usually a resident of Australia and plan to live in Australia.

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Old 04-13-2019, 08:47 AM
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Thanks Mish for quick response.

I haven't lived in Australia since getting PR and if I take up another opportunity to USA, I will not have a proved residency in Australia.

However, who is considered "usual resident" of Australia? I am also not sure how can I convince immi authorities that I plan to live there later? Do I have to make any real estate investment in Australia?

Can you please shed some light on that?

Thanks again!


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Old 04-13-2019, 12:00 PM
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A usual resident is someone who normally resides in Australia. Here is a post by one of the registered migration agents about it: https://www.australiaforum.com/534282-post3052.html

It would be in your best interest to consult with a registered migration agent to see what your options are.

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Old 04-14-2019, 03:08 AM
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Quote:
Originally Posted by ndesai187 View Post
Hi,

I am an Australian Permanent Resident visa holder currently living in Singapore. I got my 189 independent PR visa recently (Jan 2019) and made first entry with a one day trip to Perth from Singapore.

I was supposed to move there and start the application for my wife's migration visa in Subclasses 309/100 (we recently got married). However, I have got a very interesting opportunity in the USA and we are planning to move there for the next 2 years instead of Australia. We will move to Australia at a later date.

My query is:
1. Can we both move to the USA and still apply for her offshore partner migration visa from the USA?

I was told by my agent (whom I don't completely trust anymore for various reasons) that I must be "settled" in Australia before sponsoring my wife and I can't sponsor her from overseas.

Any inputs are greatly appreciated!
Cheers!
Why at the first stage didn't include your partner in the visa application? Did you inform immigration about your relationship? You would be eligible to apply if you can show that you are interested in moving to Australia. I am not sure if you inform immigration about your plans if they will accept your visa application. best thing is to find a good migration agent.


Last edited by abdoal3rs; 04-14-2019 at 03:13 AM.

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Old 04-17-2019, 01:55 AM
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Originally Posted by abdoal3rs View Post
Why at the first stage didn't include your partner in the visa application? Did you inform immigration about your relationship? You would be eligible to apply if you can show that you are interested in moving to Australia. I am not sure if you inform immigration about your plans if they will accept your visa application. the best thing is to find a good migration agent.
Hi, I couldn't include my partner due to personal reasons, and by the time we were ready, I already received my PR grant. (I received grant within 3 months of the application while all my friends waited for 6 months+). Anyways, the deed is done.

I did call immigration hotline and they confirmed I can apply for 309/100 being outside Australia - so all is not lost


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Old 04-17-2019, 02:18 AM
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Quote:
Originally Posted by ndesai187 View Post
Hi,

I am an Australian Permanent Resident visa holder currently living in Singapore. I got my 189 independent PR visa recently (Jan 2019) and made first entry with a one day trip to Perth from Singapore.

I was supposed to move there and start the application for my wife's migration visa in Subclasses 309/100 (we recently got married). However, I have got a very interesting opportunity in the USA and we are planning to move there for the next 2 years instead of Australia. We will move to Australia at a later date.

My query is:
1. Can we both move to the USA and still apply for her offshore partner migration visa from the USA?

I was told by my agent (whom I don't completely trust anymore for various reasons) that I must be "settled" in Australia before sponsoring my wife and I can't sponsor her from overseas.

Any inputs are greatly appreciated!
Cheers!
I would not use a migration agent who doesn’t know the difference between “ settled” and “ usually resident” and who doesn’t seem to know which term applies to which visas.

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Old 01-05-2020, 03:05 PM
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Originally Posted by ndesai187 View Post
Hi, I couldn't include my partner due to personal reasons, and by the time we were ready, I already received my PR grant. (I received grant within 3 months of the application while all my friends waited for 6 months+). Anyways, the deed is done.

I did call immigration hotline and they confirmed I can apply for 309/100 being outside Australia - so all is not lost
Hi There,

I am in similar situation now. Can you please help me.


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