Will I get a partner visa?

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Will I get a partner visa?


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Old 12-28-2010, 12:29 PM
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Post Will I get a partner visa?

Hello Everyone,
Hope you all doing well.

I have a permanent residency for Australia which I received for in Mar 2008 and which is valid until Mar 2013.

Since 2005, I have lived in India, and I hold Indian citizenship. I had lived in Australia from 2002 - 2005 on work permit. It was in late 2005 that I had applied for my PR, which I received in 2008.

After receiving my PR, I have traveled to Australia. In the two years since then, I have been in Australia for a period of 18 months. During this period, I was not directly employed in Australia; My employer being an Indian organization. Hence, I have received per-diems (hence, no salary within Oz), and I have not filed any taxes during my permanent residency.

Now, I am actively looking at moving to Australia. I am still employed in India. I would now start looking for offers in Australia.

Also, I would be getting married mid-Jan 2011. Hence, I am planning on taking my wife along with me, or follow me to Australia.

I was reading the documentation in booklet 1127 (Partner Migration). The type of relationship that would be applicable to me would be "Married spouses (de jure)".

Questions:
1. What visa (class/subclass) would be applicable to my spouse in this scenario?
2. I am a bit confused whether I am supposed to be within Australia before I apply for a visa for my spouse. Any idea whether I can apply for the partner visa while I am still in India?

Clarifications would be much appreciated!

Cheers!


Last edited by forumous; 12-28-2010 at 12:32 PM.

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Old 12-29-2010, 12:24 AM
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Your wife can apply for a partner visa - Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) and the only complication that can occur when a PR is the sponsor is that you will see under your sponsorship application - from 40SP in the application section that a PR is expected to be normally resident in Australia.
If you were here for 18 months in the past two+ years and have established residential ties, that may not be a problem but it would certainly be a more positive move to return to Australia as proposed to establish permanent residential links and then have your wife submit a partner application.
If you do it early and make reference to your 18 months here, that could also create complications re the taxation situation for whilst you may have been paid by an overseas company, you would want to check ATO regulations in respect to earnings anywhere whilst an Australian resident.





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