Is there any other way?

The problem lies with your partner not fully understanding the resident return visa, this is not needed to live in Australia if entered when current visa is valid it is only required to re-enter when visa expires if not in Australia.

Therefore by March 2017 if you are both planning to be living in Australia permanently there is no issue of desperately trying to meet the 2 years out of 5 before that time.

It's me who assumed he couldn't sponsor me until his renewal, he's seen a lawyer in Aus already and that's where he discovered about having to go back for another 8 months, he's not always clear on the phone so I've been struggling to hear all of what he says , he wants to see another consultant when he's over here so I can go with him

Your partner must be a PR and eligible to sponsor for a partner visa, these take around 12 months to process offshore so you should look at doing that soon before you spend too much time apart and will make it difficult to prove you are still in a genuine and continuing relationship when living apart.

PR visas do not need renewed if you never plan to leave Australia if enter on valid visa, it is the right to return to Australia if leave the country that needs another visa.

If you are living in Australia by March 2017 and even if he hadn't made the other 8months by then it wouldn't stop him getting a RRV if needed to leave Australia for a short holiday, if can show he has ties to the country, job, house family.

He needs to go between the 2 countries for work and family so I'm guessing that's why he needs to do the last 8 months but would it make a big difference in the sponsorship if we are not living together whilst he's over seas?

He needs to go between the 2 countries for work and family so I'm guessing that's why he needs to do the last 8 months but would it make a big difference in the sponsorship if we are not living together whilst he's over seas?

Not if you can show you are in a de facto relationship. You need to be able to show stuff like joint finances - sharing bills etc? and show how you keep in touch when your're apart - phone bills, cards, emails, letter or whatever, then you can also say that you are having to still live apart at present as you don't have a visa to come and live in Australia.

He needs to go between the 2 countries for work and family so I'm guessing that's why he needs to do the last 8 months but would it make a big difference in the sponsorship if we are not living together whilst he's over seas?

No it doesn't matter.

Reading your posts again, the main thing is that even once you've made the application as de facto, you'll have months to wait before it's approved. So if the idea is that he'd like you to join him in Australia in May, you might already be a bit late to be applying.

I'll only go out for a month at a time on a holiday I guess until something's sorted,

I'll only go out for a month at a time on a holiday I guess until something's sorted,

When you go to Australia on a tourist visa, you can stay for up to three months at one time. The trouble is you won't be able to work, of course.

When you go to Australia on a tourist visa, you can stay for up to three months at one time. The trouble is you won't be able to work, of course.

Well least I'm there I guess and can look for work whilst I'm there

Well least I'm there I guess and can look for work whilst I'm there

Mind how you go, if immigration get wind that you'll be looking for work when travelling on a tourist visa, you could find yourself on the next flight back, so don't carry a CV or anything that could tip them off.

Hi all I really need some advice please! I'm a dental nurse and am looking to emigrate to Brisbane BUT my profession doesn't appear to be on the skills list .... I'm 37 and the clocks ticking! Any advice would be fantastic

From what you have posted, it seems likely that you might qualify.

May I suggest that you consult a registered migration agent for advice about developing a strategy?

I agree that you should arrange a consultation with a migration agent when he's back, so you can both understand what the options are and what's required. In the meantime, have a good read of the DIBP website regarding the 309/100 and 820/801 partner visas. This will explain the criteria, the process, the obligations, etc. so when you speak with the agent, their advice will make more sense if you have some idea what they're talking about.

He's stuck in Korea at the moment with food poisoning but hopes to fly home tomorrow, I've found he's got his residence visa but it's the other one for working between the countries the 5 year one that's needed, can he sponsor me and my 2 children or is it just me?

He's stuck in Korea at the moment with food poisoning but hopes to fly home tomorrow, I've found he's got his residence visa but it's the other one for working between the countries the 5 year one that's needed, can he sponsor me and my 2 children or is it just me?

There is no such thing as a "visa for working between the countries", I think you mean a Resident Return Visa. Whether or not he has the RRV has no impact on whether he can sponsor you.

He can sponsor you and your two children but you will need to get their father's permission to remove them from the UK. That usually involves going to court and is expensive.

Sorry that's what I meant a returning visa, oh great court again! Mind you maybe it could be done between solicitors this time hopefully, but looks like there might be a light at the end of a tunnel even if it's a long one

Sorry that's what I meant a returning visa, oh great court again! Mind you maybe it could be done between solicitors this time hopefully, but looks like there might be a light at the end of a tunnel even if it's a long one

Let's just summarise - I think this is your situation.

He's got his permanent residency visa (PR). He does have a Resident Return Visa now, which is valid till 2017. However if he doesn't spend enough time in Australia between now and then, he won't be able to get it renewed, and that would mean he would lose his right to live in Australia.

The thing is this: if he's planning to move back to Australia to live BEFORE the RRV expires, he won't need a new one: you only need a RRV if you want to travel. And I can't say it enough - the ONLY way the RRV affects you, is that he can't stay in the UK with you because he needs to spend time in Oz. It doesn't stop him sponsoring you as his partner.

There's another thread which is discussing how to arrange the right to remove your children - it sounds as though you'd need to start work on that now, as it can take longer than your visa process.

http://www.pomsinoz.com/forum/migration-issues/243666-complicated-family-setup-applying-spouse-visa-uk-court-leave-remove.html