Leaving Australia (with intention to return) whilst on a Partner Visa (subclass 309) temporary.

[Wanderer Returns]

Hello,

 

My apologies if this subject or similar has already been posted but I couldn't find a relevant thread in the forum.

 

My wife joined me in Cairns in March 2013 after she was granted a Partner Visa (subclass 309), where I currently live and work. At the moment we are in the UK, visiting my ageing mother who is now 85. Both my wife and I agree that my mum is no longer capable of caring for herself effectively and that we should try and move back to the UK to take care of her, rather than her going into an old folks home.

 

I've been in Australia since 2003, I'm now an Aussie citizen and I do feel it's where our future lies. I'm more than happy to move back to the UK for a few years to take care of mum, but I want to be able to move back to Australia afterwards without too much fuss. We don't own property in either country so logistically it's not too difficult.

 

If we stayed in Australia, my wife's temporary partner visa would become permanent in March 2015. My question for the forum is does anyone know what could happen if we left Australia before this date and then returned several years in the future? Would my wife's temporary visa be rescinded and we would have to complete the whole partner visa process again, before she can return to Australia? Would there be a significant benefit in waiting until my wife had Australian permanent residency before returning to the UK? This would mean staying in Australia for another 15-18 months, which might be okay as far as my mum's concerned.

 

Wishing you all a very Happy New Year and a prosperous 2014!

 

Mart.

[Cez]

Her temporary visa will become permanent regardless of whether she is in aus or not - just make sure you let australian immigration know your new address in the uk so they can send you the relevant paperwork once the two years is nearly up - and this is two years from the date of applying for the 309, not the grant date.

[Cez]

Oh and the re entry element of the permanent visa would then be valid for a further five years, so until 2020 or so. If still not in australia by then, she could try applying for a resident return visa in the future.

[robfromdublin]

Just to lend weight, I agree with all the Cez sez...

 

Your partner will get permanent regardless of whether she's in Oz or not. After that it is a matter of when you go back to Oz. Talk to immigration and they will set you straight

[wakeboard1980]

I think you will find your partner will have to enter Aus to activate the permanent visa, my wife had to earlier this year.

[Wanderer Returns]

Thanks to you all for getting back so quickly. It would seem that an extended absence from Aus won't be too much of an issue for us. We applied for my wife's visa in August 2012, so from what you've said she will become a permanent resident in August 2014? This would be good, as we will still be in Australia then so the process should (hopefully) go pretty smoothly.