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Old 03-09-2014, 03:07 AM
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Hello All,

My wife is an Australian permanent resident and we live in USA since last 6 years. We both are married and have a 2 ˝ years old daughter. We all are US citizen.

We’re planning to move to Australia and we are applying form USA ( the subclass 309/100 visa) and have some confusion.

Since my wife does not live in Australia. Can she be the sponsor for my child and me?

If not, she has her brother and sister in Australia and they are an Australian Citizen. Can one of them sponsor to us?

If my wife is eligible for sponsor, does she need to have a health check and police certificate?


Would appreciate very much if you can share your experience or advise.

Thank you
Enrica


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Old 03-09-2014, 03:22 AM
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Hi Enrica,

ETA: I didn't read your post correctly the first time, so ignore this part of my advice and seek advice from a professional migration agent

Since you have a child, your wife will need a police check, although since I'm assuming the child is your wife's, I'm not absolutely sure that requirement applies. She will not need a medical as the sponsor.

Good luck xxxx

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Last edited by Star Hunter; 03-09-2014 at 11:42 AM.

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Old 03-09-2014, 08:34 AM
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The DIBP website says regarding sponsors: "Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia."

You may want to speak with a migration agent to see if this will be an issue or how you can present a good argument as to why you should be considered an eligible sponsor.

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Old 03-09-2014, 11:22 AM
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Don't quote me, because I could be wrong, but I'm pretty sure that by "usually resident" they mean that you haven't lived outside of Australia for more than five years?

It is sound advice to seek out the advice of a professional migration agent, absolutely. Many of the common problems people face with any type of visa could have been easily avoided by seeking professional advice first xxxx

ETA: the original poster stated they have lived outside Australia for 6 years. Yikes, I need to pay better attention! Definitely seek advice on your situation, Enrica.

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I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

Last edited by Star Hunter; 03-09-2014 at 11:40 AM.

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Old 03-11-2014, 10:40 AM
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If you have been outside Australia as a permanent resident, you have to apply for an RRV, and they really want to know why you have stayed out of the country (with full documentation). She has to regain her pr status and then sponsor you.

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Old 03-11-2014, 11:52 AM
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Quote:
Originally Posted by Enrica View Post
Hello All,

My wife is an Australian permanent resident and we live in USA since last 6 years. We both are married and have a 2 ˝ years old daughter. We all are US citizen.

We’re planning to move to Australia and we are applying form USA ( the subclass 309/100 visa) and have some confusion.

Since my wife does not live in Australia. Can she be the sponsor for my child and me?

If not, she has her brother and sister in Australia and they are an Australian Citizen. Can one of them sponsor to us?

If my wife is eligible for sponsor, does she need to have a health check and police certificate?


Would appreciate very much if you can share your experience or advise.

Thank you
Enrica
Since you have been outside of Australia for more than 5 years I don't think the PR will still be any good.

https://www.immi.gov.au/Live/Pages/a...formation.aspx
A citizen has an automatic right of entry to Australia, however if a permanent resident chooses to travel internationally, they need to ensure they have a permanent visa with a valid travel authority if they wish to return to Australia as a permanent resident.



In other words, after this length of time, even if she had originally had a resident return visa, it would have expired by now. Therefore as I understand it, she would have to apply for residency again from scratch. Her original PR would have been most likely cancelled by now. You should seek professional help before wasting any money on an application that would almost certainly fail IMHO.


Kttykat




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Old 03-11-2014, 01:05 PM
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And even once she has PR back, she'll need to be "usually resident" before sponsoring - this is frequently defined as having been living in Australia for the past two years. There's a really good post by Mark Northam on that here.

And no, no one else can sponsor you, unfortunately. You'd need a visa on your own merits (like having an occupation on one of the Skilled Occupation Lists).

kttykat likes this.

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