Can I stay oversea permanently after my wife grant her 820 visa

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Can I stay oversea permanently after my wife grant her 820 visa


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Old 01-19-2011, 01:45 AM
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Can I stay oversea permanently after my wife grant her 820 visa

Hi Guys,

I am currently on my PR but eligible to apply for citizenship in May, and I am going to get married in June in Hong Kong(as she is from Hong Kong). Our plan is to apply onshore whilst we can wait for her 820 approval and my citizenship ceremony as well, after that we might move to Hong Kong and work in there.

However, my agent advice me that immigration department might reject her 801 permanent visa as they see I have no intention to stay in Australia which I don't think he is true. Then he suddenly mentioned we can go anywhere we want once she get her 820 temporary visa. That made me even more confused. So if you guys can let me know what options I have.

Mike


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Old 01-19-2011, 09:18 AM
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Yes, when someone is granted a partner TR visa they can be overseas when PR is granted, the main criteria being you show you are together.
On granting of a PR visa, it is normal to be given an enter by date and I'm not sure whether that aspect has been removed but you should be able to get an answer on that from Immi.
Once she has PR, there will eventually be a requirement that she returns to Australia before the PR expires or otherwise she will cease to hold residency.





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Old 01-19-2011, 10:23 PM
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Thank you for your quick reply Wanderer.

Regarding to the expired date of the PR, I thought she will be eligible to register oz citizenship once I become oz citizen even we are oversea. I look on wiki and it says there are exception to the standard residence requirement include

- spouses and interdependent partners of Australian citizens

I also found on form 1300t of citizenship about Ministerial discretions

"The Minister has discretionary powers to vary the residence
requirement in the following circumstances, if you will be in
Australia at the time your application is decided.
If you will be overseas during this period, only discretions 5
and 6 apply.

and I think discretion 5 will most suit our situation:

"5. If you have spent time outside Australia as a permanent
resident with your Australian citizen spouse or partner, or
are the surviving spouse or partner of an Australian citizen
and have a close and continuing association with Australia,
then that period of time may be treated as time spent in
Australia."

is this possible if she get citizenship this way or just too much risks?

Mike


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Old 01-20-2011, 03:13 AM
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I would think they will expect some relationship with Australia has been established.
You are better off consulting Department of Immigration & Citizenship and the Australian authorities rather than relying on Wiki.





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