vrat Posted January 22, 2015 Share Posted January 22, 2015 Hi Everyone, I currently live in the UK. I was granted a 175 Independent Visa in October 2012 which is valid until October 2017. I made a short 10 day visit to Australia in November 2012 to validate the 'first visit within a year' requirement. I had plans to move to Australia the following year but met a girl and it all got a bit serious and eventually got married to her in August 2014. We both want to move to Australia before October 2017 but have a few things to sort out in the UK career-wise. I have a few questions regarding the situation : 1. My research has suggested that I can move to Australia pretty much any day I want until Oct 2017 expiry. However, if I left Australia after October 2017, I would be required to apply for a RRV. If I haven't been in the country for 2 years, I believe I can apply for a 3 month RRV which requires me to have been in Aus for a day in the last 5 years and show commitment to living in Aus. I have my brother and his family living in Australia and if the 3 month RRV situation was to occur, I would (hopefully) have a job and a residential address in Australia. Would this be sufficient to show commitment to qualify for a 3 month RRV? (My Wife wants us to visit the UK possibly for a couple of weeks every year and return.) 2. Could my wife apply for a partner visa before I arrive in Aus and move there together or would I require to move to Australia first and stay there for a specific time before she can apply? 3. If we decide to move to Australia in June 2017, before my visa expires in October 2017, and make a three week visit prior to that in February 2016, would I be let back in June 2017? My understanding is that until October 2017 I can come and go as I please, without a RRV. Please correct me if I am wrong. 4. The 5 Year RRV that will be granted if I have lived in Australia for a continuous period of 2 years : Does this mean entire 2 years? 365 + 365? Or is there a leeway; for example, I could've been out of the country for a couple of weeks each year which would be ignored? 5. I am also in the process of applying for British Permanent Residency, as I have lived in the UK for 10 years as of this year. I hope this isn't going to effect my Australian PR or Vise-versa. From what I have read, you can hold multiple residencies in different countries. Does anyone know if this is in fact the case? 6. I would be eligible for British Citizenship next year, if I apply for British Citizenship, would that have an effect on my 175 Visa? Thank you so much for taking time to read and answer my questions. It's greatly appreciated! Best Regards, V Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 22, 2015 Share Posted January 22, 2015 Hi Everyone,I currently live in the UK. I was granted a 175 Independent Visa in October 2012 which is valid until October 2017. I made a short 10 day visit to Australia in November 2012 to validate the 'first visit within a year' requirement. I had plans to move to Australia the following year but met a girl and it all got a bit serious and eventually got married to her in August 2014. We both want to move to Australia before October 2017 but have a few things to sort out in the UK career-wise. I have a few questions regarding the situation : 1. My research has suggested that I can move to Australia pretty much any day I want until Oct 2017 expiry. However, if I left Australia after October 2017, I would be required to apply for a RRV. If I haven't been in the country for 2 years, I believe I can apply for a 3 month RRV which requires me to have been in Aus for a day in the last 5 years and show commitment to living in Aus. I have my brother and his family living in Australia and if the 3 month RRV situation was to occur, I would (hopefully) have a job and a residential address in Australia. Would this be sufficient to show commitment to qualify for a 3 month RRV? (My Wife wants us to visit the UK possibly for a couple of weeks every year and return.) If you have a job and a home in Australia and given that you also have family here, you would have a good chance of getting a 12 month RRV. 2. Could my wife apply for a partner visa before I arrive in Aus and move there together or would I require to move to Australia first and stay there for a specific time before she can apply? You can't sponsor her for a Partner visa until you are resident in Australia but there is no qualifying time. She could come with you on an eVisitor visa and apply for an onshore 820/801 Partner visa as soon as she arrives. Or, you could move to Australia without her and she could then apply for a 309/100 offshore Partner visa. During the processing time, she would be able to get a Visitor visa so that you don't need to spend the whole processing time apart. 3. If we decide to move to Australia in June 2017, before my visa expires in October 2017, and make a three week visit prior to that in February 2016, would I be let back in June 2017? My understanding is that until October 2017 I can come and go as I please, without a RRV. Please correct me if I am wrong. Your understanding is correct. Until October 2017, you are free to come and go as you please without needing a RRV. 4. The 5 Year RRV that will be granted if I have lived in Australia for a continuous period of 2 years : Does this mean entire 2 years? 365 + 365? Or is there a leeway; for example, I could've been out of the country for a couple of weeks each year which would be ignored? The 2 years doesn't need to be continuous. It's 2 years in total out of the 5 years before applying for an RRV and can be a conbination of several different periods in the country. 5. I am also in the process of applying for British Permanent Residency, as I have lived in the UK for 10 years as of this year. I hope this isn't going to effect my Australian PR or Vise-versa. From what I have read, you can hold multiple residencies in different countries. Does anyone know if this is in fact the case? Having residency in the UK won't in any way affect your residency status in Australia. It will be tricky to maintain both at the same time and will involve a lot of travelling between the two countries but if you can manage that, you're free to do so. 6. I would be eligible for British Citizenship next year, if I apply for British Citizenship, would that have an effect on my 175 Visa? Both countries recognise and allow their citizens to have multiple citizenships and applying for British citizenship won't affect your status in Australia in any way. Thank you so much for taking time to read and answer my questions. It's greatly appreciated! Best Regards, V Answers in red above. Link to comment Share on other sites More sharing options...
wrussell Posted January 22, 2015 Share Posted January 22, 2015 Your best strategy might be to apply for a subclass 309 visa. Take professional advice before you commit to a course of action. Link to comment Share on other sites More sharing options...
vrat Posted January 23, 2015 Author Share Posted January 23, 2015 Thanks a lot for your replies, it clarifies a lot of things! We shall look in to 309/100 visa for my Wife. Thanks again for taking time to reply. Link to comment Share on other sites More sharing options...
Karenbfam Posted January 24, 2015 Share Posted January 24, 2015 With regards to question 2 the answer you have received is incorrect. i had my 175 visa granted in Feb 2009. I validated it in Oct 2009 and was all set to move to Oz early 2011. I then met my partner and put my plans on hold. I had never lived in Oz only having activated my visa and after my partner and I had lived together in the UK for 12 months he applied for a partner visa with me as his sponsor in June 2013. We arrived in Oz 2 days before my visa expired in Feb 2014. His partner visa did not come through in time so he travelled on a tourist visa keeping his case officer fully up to date of our plans. His partner visa was granted 3 days after we arrived and he flew to New Zealand for 72 hours to activate it (he had to go alone as my visa had expired). It was very straightforward and we did the application independently and had no house bills together as I moved into his existing home. So this would be the easiest option for you. If I can help at all please ask. Oh and I am 46 and my partner 57 so age didn't hinder our application either. We have now been in Oz nearly a year and love it, best thing we have ever done. karen Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 25, 2015 Share Posted January 25, 2015 A PR sponsor living outside Australia needs to meet the "usually resident" requirement to sponsor a partner visa. This can often be done by demonstrating your intentions of migrating and settling, finding employment, etc. But don't simply assume you can sponsor without looking into what you need to do to meet this criteria. Link to comment Share on other sites More sharing options...
vrat Posted February 2, 2015 Author Share Posted February 2, 2015 With regards to question 2 the answer you have received is incorrect. i had my 175 visa granted in Feb 2009. I validated it in Oct 2009 and was all set to move to Oz early 2011. I then met my partner and put my plans on hold. I had never lived in Oz only having activated my visa and after my partner and I had lived together in the UK for 12 months he applied for a partner visa with me as his sponsor in June 2013. We arrived in Oz 2 days before my visa expired in Feb 2014. His partner visa did not come through in time so he travelled on a tourist visa keeping his case officer fully up to date of our plans. His partner visa was granted 3 days after we arrived and he flew to New Zealand for 72 hours to activate it (he had to go alone as my visa had expired). It was very straightforward and we did the application independently and had no house bills together as I moved into his existing home. So this would be the easiest option for you. If I can help at all please ask. Oh and I am 46 and my partner 57 so age didn't hinder our application either. We have now been in Oz nearly a year and love it, best thing we have ever done. karen Thanks for your reply Karen, we hope things work out for us too, at the moment we are excited and anxious about what Australia will hold for us! It's comforting to hear success stories like yours here. Link to comment Share on other sites More sharing options...
vrat Posted February 2, 2015 Author Share Posted February 2, 2015 Thanks MaggieMay24, I shall look in to more thoroughly before making a decision, last thing we need is to spend all that money and yield nothing out of. Thanks again for all your comments. Link to comment Share on other sites More sharing options...
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