DeFacto Temporary Visa & Travelling - Page 2

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DeFacto Temporary Visa & Travelling - Page 2


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Old 03-17-2010, 03:28 PM
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Originally Posted by iko. View Post
Hi again,

I checked again the travel time allowance for the De Facto Visa and I finished with this:

-When in a De Facto Temporary Visa: Only allowed to leave Australia for periods of not more than 2 months in total per year.

-After 20 months from you were granted the temporary visa you receive a letter with a few questions to check that the relationship continues. Not pictures or bills necessary this time. And just return it by post. Once you´re granted with a Permanent Visa you have a period of 5 years and allowed to multiple exit/entry but not more than 3 months each trip. In this case there is no limitation for how many times you travel overseas, only in the duration of these.

I think this info would be helpful for other people who may find this post after a search.
Do you have a link for what you found iko?

For as far as the PR visa goes, there is absolutely no restriction on travelling from to Australia other than that you of course need to be back in Australia before the five years is up.

If you have not proceeeded to take out citizenship, then you do need to apply for what is called a Right to Return Visa and to be eligible for one of those you need to have spent two years of the previous five in Australia or otherwise have solid links.

I'm not too sure about there being a restriction when on the TR either but reserve judgement until you have a link to what you claim.





Last edited by Wanderer; 03-18-2010 at 08:57 AM.

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Old 03-18-2010, 02:56 AM
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I don´t have any link. This information is the result of talking with some people who are in the De Facto visas and also calling 131 881. This phone has multiple options and sometimes the waiting time is more than 15 minutes. I´m sure many of you are experts calling that number

I would also like to see this info in a link or written in a paper to feel more veracity. Unfortunately I didn´t find it.


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Old 03-18-2010, 09:31 AM
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Originally Posted by iko. View Post
I donīt have any link. This information is the result of talking with some people who are in the De Facto visas and also calling 131 881. This phone has multiple options and sometimes the waiting time is more than 15 minutes. Iīm sure many of you are experts calling that number

I would also like to see this info in a link or written in a paper to feel more veracity. Unfortunately I didnīt find it.
The best link you can get for any visa is the Immi site itself and in this case:
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

You will note that there is no mention of travel restrictions under the sections of What does the Visa let you do, How it works, or Obligations.

Some people may want to argue that the absence of any information means you're stuck in Australia but it also can and should be read the other way.
If there was a general restiction on travel to be applied, they would likely be mentioned under obligations.

Australia is not a dictatorship and complete freedom of movement of its people is allowed consistent with having a passport unless a court judgement has been made for Australian citizens. And for where a visa is required by non citizens, if a visa has restrictions they will be clearly stated in visa conditions.

An onshore temporary partner visa does have one requirement and that is to be in Australia when it is granted and then also when the visa holder would be eligible for permanent residency granting, an offshore partner visa holder can be either in Australia or abroad when eligible for PR.
But other than that, visas have a validity period when travel is possible.

When seeking verbal advice from Immi, it is important to make sure you are very clear on what you request for if a conversation develops, even Immi people can become unclear and even confused on what is being requested and there could be some that are not greatly experienced and that can also lead to mixed information.

Indeed, if you ring a number of different times and speak to different people, you can get different interpretations depending on what is asked and how it is asked.





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