paulhand

https://www.streamlocator.com Is also a good solution. 

6 hours ago, birdy990 said:

Whilst it may well not be a guarantee… respectfully that was not my question

Your question was phrased as if it were and because these proposed changes are only a statement of intent, there is no legislation published and therefore there is no firm answer to your question. In current legislation, there are no residence requirements for family members of 482 holders. 

7 hours ago, Jay s said:

Will we encounter any problems at the airports? 

Most likely, if he doesn’t have an Australian passport. At the end of the day as an Australian citizen he can’t be denied entry to Australia, but you will have to convince the airline to take him on an undocumented uplift. Better to sort out the passport. 

4 hours ago, birdy990 said:

Hi Everyone, 

I have been offered a job in Australia with the company offering sponsorship for myself, my husband and my daughter. 
We are going to be making the move in January but my husband has a few things that need to be tied up here in the UK with his business and will have to travel back here to the UK for a while whilst me and my daughter stay over in Australia.

my question is, is there a maximum amount of time my husband can stay out of the country before it affects his visa? Does he have to to stay in Australia for a minimum amount of time for him to qualify for PR or is it just reliant on me staying with my employer for two years to qualify for PR after the qualifying period?

Thanks

There is no guaranteed pathway to PR after 2 years on a 482 visa. 

On 25/09/2023 at 03:56, InnerVoice said:

I've never told the British government I'm an Australian citizen

Then how have you managed to renew your British passport? It’s a question on the application. 

The only difference is that a VEVO check will show you as ‘onshore’. Don’t overthink it  ; -)

3 hours ago, Prosp2023 said:

Hi,

We applied for a prospective partner visa in early July 2023 and waiting for the update from immigration.
We are getting married overseas on the 1st of December 2023.

1. Can we apply for a visitor visa so my partner can come to Australia with me?
2. Once we get married we need to update immigration about the change in circumstances, how many days after the marriage do we need to update immigration? We will get a marriage certificate hopefully in a few weeks after the marriage.
3. Does my prospective partner visa automatically change to a spouse visa application, after we update immigration or have to do a new application?

Thanks

Pretty sure I answered this on another forum yesterday … If you get married before your 300 is granted, then you are deemed to have applied for a subclass 309 partner visa. Whether you need to manually withdraw the 300 application or it’s done for you will depend on the processing office. People’s mileage varies on this. There’s no specific time ‘limit’ but you should do it asap.

You can apply for a visitor visa, but again, there are no guaranteed outcomes. 

1 hour ago, Simontucks said:

155 residency return visa.we came 20 years ago but had to return home due to family problems in the uk after a very short period.it was that short I don't really count it.so now it's for real,we are all onboard and really want it to work out.we know all about the housing problems and expense of things as I was out in April for a month visiting.

We really want our girls to grow up in Aus,the opportunities to give them a better way of lifestyle and a brighter future is all we want.

Obviously we are so excited regarding it all but,also very realistic when we know it's going to be tough at times

You did well on the RRV(s). Out of interest, what visas did you get for the children?

Just my take … as @Nemesis says, no-one is going to hold you to this particular tick box. 

1 hour ago, Rob Frain said:

Brill so be honest. It does have option a migrating permanently to Australia then b visitor or temporary entrant with how long I intend to stay. 

First entry on permanent visa, I go with “migrating permanently “ and then “returning resident”. 

1 hour ago, laf said:

Over 60 Citizenship Visa

This is not a ‘thing’. There are just slightly relaxed requirements for citizenship for over 60’s. 

Yes, you are. 

10 minutes ago, Cantabrigian said:

Sorry for my delay in postimg, I have been a bit side tracked.

Yes I think both of you are correct, I should check out things with a qualified person. Question is Paul vs Steve who wins !  I am only joking and thank you for taking the time to reply.

I am going to contact the job offerer and see if its still there, I am sure it will be but who knows in todays climate.

Are assessment's conducted over Facetime or similar ? prefer in person but that's probably asking a lot ?

I sat here today in the cold UK and dreamed of Cairns, even read the Cairns Post online.

Yes - I do them over Microsoft Teams, it's a whole lot more efficient!

4 minutes ago, Nemesis said:

As Inner Voice has said, people often live in Oz on PR visas for many years, never bothering with citizenship - my former sister-in-law arrived as a baby and never bothered with citizenship until the family started going to Bali on holiday and she though maybe the whole family should have the same citizenship. She was in her 40s by then. 

However my point now is that actually, even being a citizen doesn't guarantee your future, as if you commit certain crimes, or are considered a risk to society, as long as you have another citizenship, you can be stripped of your Australian one 

The bar is distinctly higher as a citizen. Unless the issue was a result of migration fraud (or behaviour before citizenship was granted) then it generally has to be terrorism/national security related. 

6 hours ago, InnerVoice said:

That's not exactly true. Many people stay permanent residents for decades without becoming citizens. In some cases it's because they come from a country where they can't hold dual citizenship, but in other cases they just never get around to it. Immigration would only cancel your permanent resident's visa in exceptional circumstances, so as long as you're living in Australia and you have an RRV if you intend to travel overseas, you have little to worry about.

I tend to disagree with this. Get into any sort of trouble with the law and you run a genuine risk of cancellation, even if you have been in Australia for decades. Clearly for the average, law abiding PR then this is a remote possibility, but why run the risk.

7 hours ago, Rawp said:

My daughter has applied for a permanent partner visa but still not through. Hence my question re her partner. Tks.

 

Then he can’t sponsor you …

8 hours ago, Gavilon18 said:

As a second point if I were to submit a ROI for a 190 would it also be considered for a 491?

Victoria ask you to choose one or the other …

I suggest you ask your professional advisor to reread section 104 of the Migration Act. 

2 hours ago, Tulip1 said:

 I would say you no longer have visas.  Even if you did as you have now ended the relationship with the main applicant your part of the application is invalid.

The first part of this is incorrect ... the OP's visa may have been cancelled, but not for missing the initial entry date. This can be checked on VEVO.

The second part is basically right - if you have not made a first entry to Australia on the visa, you are required, as noted in the grant letter, to update the Department of any change in circumstances. If the circumstances that would have led to the grant of the visa have changed (i.e. your relationship with the primary applicant), then they may well decide to cancel your visa. 

This has nothing to do with whether your ex-wife has entered Australia or not.

1 hour ago, stevej said:

I have been told that the end of relationship is only an issue upto point visa is granted which it was after.

You have been told incorrectly if you were offshore at grant.

1 hour ago, stevej said:

The PR does not expire at 5 year point only the travel entitlement you can apply for RRV within 10 years of last being in Oz as PR according to gov website

This is not strictly true and based on your circumstances you would be very unlikely to be granted an RRV in any case.

I think it would be a good idea to get some professional advice on how all of this works in practice, as it's not really a subject for forum discussion.

As above, and only if your occupation is on the MLTSSL skills list.

11 minutes ago, Cantabrigian said:

I would apply tomorrow  for an RRV but aged 61 and turned down for and RRV  7 years ago, I cannot even with eternal optimism believe I would get one now. I do have a job offer but I have no real compelling reasons for my absence other than my wife having a mother that we were involved in caring for who passed away 2 years ago.  I would happily talk to an agent if there is a chance but not unless I am missing something, maybe I am ?  tell me and I will book an appointment.

You will never know if you don't try and in my (biased) view, as well as Steve's above, a proper consultation will be able to give you a much better understanding of what may or may not be achievable.

If you do proceed, it's a $465 application charge (plus any professional fees). Worth it to put the wondering to rest?

Based on what you have said, it seems somewhere between unlikely and Buckley’s unless you can get a new RRV. You haven’t provided enough information to give any form of opinion on that. You will have a much better shot if you have a job offer in hand, but that’s nowhere near a guarantee. I would seek some professional advice tailored to your specific circumstances. 

Drop me an email and I will provide a referral. Details in my signature. 

1 hour ago, Marisawright said:

Thanks for clarifying.  Actually I thought that was the case, but your first answer said it could be done in theory, so that confused me.

Sorry … ‘in theory’ because as a U.K. (or Ireland/US/Canada/NZ) passport holder you are deemed to have ‘competent’ English, which is enough to apply but scores zero points. 

8 hours ago, Marisawright said:

As Paul says, I wouldn't recommend it.  Some people wait a long time to get invited to apply, but sometimes, it's a very quick turnaround.  He doesn't want to submit his EOI, get invited and then find he can't apply because he can't get his English test done in time.

It’s  not a case of ‘getting it done in time’.  Points (other than the ones for partners) are locked in at the time of invitation and must be the same or greater than originally claimed in the EOI otherwise the visa is refused. So, once an invitation is received, it’s too late to sit the test.