Leaving Australia after applying for Partner visa

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Leaving Australia after applying for Partner visa


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Old 11-06-2014, 02:04 AM
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Leaving Australia after applying for Partner visa

Hello, I am hoping someone might be able to help me please.

I am an Australian citizen who lived and worked in Canada for a number of years and I recently moved back with my partner who is a Canadian citizen. Before arriving we applied for a Working Holiday visa and after about 6 months of being here we lodged our onshore application for the Partner Temporary visa (Subclass 820). At this stage itís been about 6 months since we lodged the Partner visa application, which is being processed, and my partner is on a Bridging A visa.

The problem we have encountered now is that I have an opportunity to go back to Canada and work for a company on a 3-year contract starting in January 2015. Ultimately we plan to settle down in Australia and start a family, it is just this opportunity is too good to pass up so I am considering taking the offer.

The question I have is will us leaving together in January while the Partner visa is in processing jeopardise the entire process and our plans to move back in 3 years? I understand that there is a Bridging visa that allows travel, however not for the length of time we would need. If the temporary Partner visa was approved while we are in Canada will my partner still be eligible for the permanent Partner visa and be allowed re-entry into Australia if we are overseas during that 2-year period between being granted the temporary visa and the permanent?

Appreciate any help or advice!


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Old 11-06-2014, 02:18 AM
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It will only be an issue if the 820 has not been granted as you have to be onshore when it ia granted. If the 820 has been granted no issue as the 801 can be granted anywhere in the world.

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Old 11-06-2014, 03:24 AM
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Originally Posted by Mish View Post
It will only be an issue if the 820 has not been granted as you have to be onshore when it ia granted. If the 820 has been granted no issue as the 801 can be granted anywhere in the world.
Thank you for the response! So we might have a problem if we leave in January then as its only been 6 months since we lodged the application and probably another 6+ months until the 820 is granted.


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Old 11-06-2014, 04:44 AM
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If you keep in contact with your CO to let them know your travel plans, they should tell you when they're ready to grant the 820 visa. You (or at least your partner) would need to travel back to Australia for the visa then to be granted. You can then return to Canada. So if you budget a short holiday in Australia for 6-9 months down the track, you may not have any problems.

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Old 11-06-2014, 05:17 AM
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Not to forget that you need to ask for a longer BV B.


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Old 11-06-2014, 05:29 AM
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I see 3 issues:
1/ They may only issue BVB for max 6 months (I haven't heard of them being issued for longer than this)
2/ You may not get a case officer until it is granted so you can't tell them you will be offshore
3/ They may not like that you will be offshore for a substantial period when the purpose of the visa is to live in Australia with your partner


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Old 11-06-2014, 05:58 AM
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I have a pending 820 application as well but I'm not on a Bridgin Visa and I won't be but I'm going to leave Australia for some time even though my application is still pending - this is the reply I've got from immigration about leaving.

your Partner visa application will be unaffected as it can continue to be processed. If an assessment is made that you meet the eligibility to grant the visa, you will be required and requested to return to Australia as the visa can only be granted to applicants that are onshore. Failure to return would result in the visa being refused.

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Old 11-06-2014, 06:02 AM
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One could read either way into that especially when they use the words "eligibility". I almost makes it sound as if you are living overseas you won't qualify but at the same time says they will ask you to return to Australia but how long do you have to a return? A flight from USA (an example) to Australia return isn't exactly pocket change and can be expensive so close to flying date.

Keep us posted because I will be very interested in what happens with this.

This makes me wonder ... do immigration check your status to see if you are offshore before they grant? Or is the onus up to you?


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Old 11-06-2014, 06:07 AM
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Yes I think they check if you are Onshore or not before granting the visa, I think it even says in VEVO if you are here or not but not sure if I remember it right.


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Old 11-06-2014, 06:34 AM
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I've never seen someone granted more than a 6 month BVB. 6 month multiple entry is what they give out. If you still don't have your partner visa by the time you leave (pretty possible) you could maybe apply for a BVB and then your partner could come back to australia at 6 months to hopefully have her partner visa issued....

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