Living and Working in Australia Forum With Immigration and Travel Information

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-   -   Permanent Partner Visa 801 granted if overseas? (

Cloudy 02-08-2011 02:17 AM

Permanent Partner Visa 801 granted if overseas?
Hi all,

I've been with my partner for more than 2 years now and I was granted a temporary partner (defacto 820) visa in May this year. I know that it will take another 2 years until the permanent residence status will be granted. The problem is that my partner and I intend to move overseas at the end of this year for 1-2 years since I cannot work in the job I would like to work because of not having a PR in Australia (plus we want to be with my family for a while).

Now I read that you physically have to be in Australia when the PR partner visa permanent gets granted.
Would it be possible to assign someone (my partner's mum or migration agent) to take care of that on my behalf?
Or would it be possible to come to Australia for a short holiday (2 weeks) and get everything sorted out?
I've already spoken to DIAC but I'm now only more confused than I was before. The lady on the phone told me that you have to be in Australia for 6-8months -the entire processing time of the PR? But so far I've heard that you only have to be in Australia when the PR gets issued?

Somebody else told me that the migration officer can inform you about when you will have to be in Australia? But is this only a short period as people told me ('come for a holiday and pick up your PR) or really 6-8 months?

Also, can you arrange for all the documents you will have to provide to DIAC from overseas with my partner's mum's help? (She sends it to me, I sign it and mail it back to her, she mails it to DIAC etc.?) Except for the health check obviously.

Thank you soooo much for any replies!! :)


aussiegirl 02-08-2011 07:52 AM


I don't know where the information you were told came from, but is out of date. If you look at the new version of the Partner Booklet 1, it says:

For permanent Partner visa grants, if you lodge your Partner visa application while you
are outside Australia, you may be either in or outside Australia when the permanent visa (subclass 100) is granted. If you lodge your application while you are in Australia, you may be either in or outside Australia when the permanent Partner visa (subclass 801) is granted.

I suggest you go the DIAC site and re-read the relevant information there, plus all the links to get a better idea of how the second stage of the application works. There is also a stikcy on this forum about this topic, so take a look there too.

And as for assigning a middle person to handle your application, I believe you have to officially nominate someone to do so and provide the contact details. This means you have to contact DIAC and tell them the relevant info. has changed from your original application.

Wanderer 02-09-2011 12:37 AM

As aussiegirl says, you can be outside of Australia when PR is granted, so no problem in that regard.
You need to notify Immi using a Form 1022 of that intent and having an email address for contact if you do not already.
As for providing information for the PR review stage, you'll probably find it is relatively straightforward and involving a third perdson could just lead to complications for you, but if you want to have someone else as point of contact, use Form 956a.
On granting of a PR there is usually a requirement to enter Australia by a certain date to validate it and that can be just a fly in, through Immi and fly out again if you want it to be like that.

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