Just got married. Seeking a PR for my wife, currently on 457 sponsored business visa

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Just got married. Seeking a PR for my wife, currently on 457 sponsored business visa


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Old 01-04-2011, 12:02 AM
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Just got married. Seeking a PR for my wife, currently on 457 sponsored business visa

Hi...I'm after some advice/direction, I'll try to be as concise as can be

I'm an Australian citizen, I have just married an English citizen who's here on a sponsored business visa.
We have been living together for almost 2 years and have plenty of evidence to support this.
Basically, we're finding that the sponsored business visa is somewhat limiting for my wife, in terms of employment and remuneration options.
So the logical next step for us is to apply for a permanent residency.

Not sure where to start though, or what in particular to apply for....
She has already changed her identification etc to reflect her new surname, we've got joint bank accounts, all of our finances are shared...we don't believe there would/should be any problems what so ever in proving our relationship....we just don't know what to do next to apply for a PR.


Can we simply apply for a PR?
Do we first need to fill in forms to notify the Government of our change in circumstances?
Really just need a push in the right direction......there's so many forms, I just want to make this as painless and as swift as possible for us.

I've done a bit of looking around and I think the Onshore Partner 820/801 is the correct visa to apply for?


What about her British passport, does she need to change that before or after the visa application, or is that not even part of the equation?


Thanks in advance.


Last edited by virtualmachine; 01-04-2011 at 12:51 AM. Reason: Added more information.

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Old 01-04-2011, 01:29 AM
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The British passport shouldn't be any kind of issue, unless things have changed that I don't know about.

Get some official documents on applying for PR, they will inform you of all the hoops you need to jump through. It is a bit of work, and somewhat stressful but it sounds like you have sufficient documentation/proof.

I don't think you want an offshore application if your wife is in Australia, but could be wrong. Basically, you want a PR visa on spousal grounds. In the meantime, you may be able to get her work restrictions lifted by make a written statement to immigration that they are causing "financial hardship" - only if this is a true statement, of course.


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Old 01-04-2011, 02:25 AM
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Thanks for your response

Onshore application is what we'll be doing, as she's already here, living with me.
I'm currently reading thropugh the mountain of paper work, but I'm being enlightened, so getting there

At this stage, I'm unclear on whether a Permanent Residency application is the same as a Partner (temporary and permanent) - Onshore (subclasses 820 and 801) visa.

Are they one and the same?


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Old 01-04-2011, 05:54 AM
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Hi there,

The spouse visas are a two-step process. First, your wife will apply for the temporary spouse visa. You need to submit the application forms and all the evidence, medicals, police checks etc and pay the applicaton fee. This fee covers the first step and the second step, which is consideration for a permanent visa.

The second step comes 2 years after the innitial submission date. You still have to provide more evidence to show you have remained comitted to eachother, but may not have to do medicals, depending on when the last medicals were done.

So, one application fee, two step process.


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Old 01-04-2011, 06:15 AM
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Quote:
Originally Posted by virtualmachine View Post
Thanks for your response

...Onshore application is what we'll be doing, as she's already here, living with me.
Sorry, I misread that as offshore for some reason.

It sounds like it has changed a little since my experience with it all, so I'll defer to aussiegirl : )

I will say, though, to submit absolutely as much documentation as possible: photographs, evidence of travel together, you can even get friends to write stat decs for you - if you have friends who are teachers, doctors etc it all helps. IMHO.


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Old 01-04-2011, 11:38 AM
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If you're already reading the Immi paperwork, that's heading in the right direction, all the Immi info @ Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) pretty straightforward with a straightforward case and it sounds as though hers ought to be.
Use Booklet #1 and the Checklist provided in the applying section, read all the links and it'll not be a big deal but just take some time and cost close to $3000.
I think you'll find that with current longer processing times it's a case of making a booking for a medical but doing it when requested and your wife could already organise her UK police check though if she has not been back since getting one for the 457 and does not intend to until the partner visa is granted it should be OK.

As for her passport, she is still a British citizen until she is eligible for Australian citizenship and that'll be some years down the track, some credit I think for residency while on a temporary residency visa but in total, three years within last four ot a total of three needed and then she can apply for citizenship and an Aussie passport.





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