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Partner Visa from Oversees - Not Employed in Australia


ihtisham20

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Hi, I got Australia PR 175 in 2011 and got married in 2012 ( After almost 6 month i got married). I stayed in Australia for 10 days in 2011 and after than i never went to Australia. Now my PR has almost 2 year left and decided to move along with my wife.

 

1. Can i apply for Partner Visa while i am overseas and not working in australia.

 

2. I am married since last 2.5 years, no kids. I heard Immi requires "PR sponsor to be usually resident in Australia before sponsoring the spouse"? What is definition of resident in Australia?

 

3. Is it mandatory Sponsor shall be employed in Australia at the time of filing the application?

 

4. If i apply in this scenario what are chances of success, as partner visa almost takes 8- 12 months.

 

Many thanks in advance for your help.

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Hi

 

yes you can apply for a partner visa as I was in the same boat as you. I had a 175 visa that I had activated but never lived in Oz. Met my partner While still in UK. Applied after we had lived together for 12 months as per the requirements for a partner visa. Our timings were very tight. Partner visa wasn't granted in time so we emigrated and my partner had to arrive on a tourist visa. We had no choice as my 175 visa expired 3 days after I arrived. Our case officer was aware of this. 3 days after we arrived she granted the partner visa and my partner had to go to New Zealand for 3 days. We feel that possibly our visa was never going to be granted until we had moved because if mine had expired my partner would have still been able to go to Oz (if this makes sense).

 

good luck

 

 

karen

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I'm really confused. You got married to someone new after 6 months of having pr? If so they might question if you were still entitled to it at the time of it being granted. Six months seems very quick to split from someone, meet someone else, fall in love and get married.

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I'm really confused. You got married to someone new after 6 months of having pr? If so they might question if you were still entitled to it at the time of it being granted. Six months seems very quick to split from someone, meet someone else, fall in love and get married.

 

I read it as he got PR from the old skilled migration visa, not a partner visa. He returned home and married a few months later, and now wants to take his wife to Australia. She will be the one applying for a partner visa, not him.

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Hi, I got Australia PR 175 in 2011 and got married in 2012 ( After almost 6 month i got married). I stayed in Australia for 10 days in 2011 and after than i never went to Australia. Now my PR has almost 2 year left and decided to move along with my wife.Many thanks in advance for your help.

 

1. Can i apply for Partner Visa while i am overseas and not working in australia.

 

Yes

 

2. I am married since last 2.5 years, no kids. I heard Immi requires "PR sponsor to be usually resident in Australia before sponsoring the spouse"? What is definition of resident in Australia?

 

Very complex, following a Federal Court decision, but probably not an issue for you.

 

3. Is it mandatory Sponsor shall be employed in Australia at the time of filing the application?

 

No

 

4. If i apply in this scenario what are chances of success, as partner visa almost takes 8- 12 months.

 

It looks as if you are planning to proceed in a less than optimal way. May I suggest that you consult a registered migration agent for advice about strategy?

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Yes, My question is regarding applying visa for my Wife. My PR visa has almost 2 year left and we havedecided to move Australia. 2.5 Years Married, I (Sponsor) am not employed in Australia and have no financial history in Australia and also currently oversees. Can this cause any issue?

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Yes, My question is regarding applying visa for my Wife. My PR visa has almost 2 year left and we havedecided to move Australia. 2.5 Years Married, I (Sponsor) am not employed in Australia and have no financial history in Australia and also currently oversees. Can this cause any issue?

 

I have already answered these question.

 

For a considered professional opinion you should put the full facts of your case to a registered migration agent.

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