snufkin Posted April 18, 2016 Share Posted April 18, 2016 Hi I have searched but not found anyone who has been in my situation (or my searching wasn't good!) I entered Australia on a PMV and converted this to TR visa 2 years ago. 9 months ago my husband and I came back to the UK for a holiday but have stayed and found work as my mother was very unwell and I didn't want to leave and my husband agreed (he has right to work) I have just received an email about converting my TR to PR. My issue is that I am not resident in Australia right now and haven't been for 9 months, we hope to return to Australia one day but I don't know when. Has anyone been in a similar situation and had an extension on their visa or still been granted PR? I could go back to Australia and apply for it, but I don't want to be away too long and I believe there is a long wait for TR-PR and I am not sure if that would be approved of anyway! Any advice would be helpful - I will email DIBP and see what they say but I am not hopeful to get the answer I want! Thanks :rolleyes: Link to comment Share on other sites More sharing options...
Bungo Posted April 18, 2016 Share Posted April 18, 2016 I was not aware of any requirement to be in Australia for the second stage partner visa. Why do you think you need to be? Link to comment Share on other sites More sharing options...
snufkin Posted April 18, 2016 Author Share Posted April 18, 2016 I thought I would need to be resident in Australia to apply for this? If I don't then excellent! Link to comment Share on other sites More sharing options...
Nemesis Posted April 18, 2016 Share Posted April 18, 2016 Hi I have searched but not found anyone who has been in my situation (or my searching wasn't good!) I entered Australia on a PMV and converted this to TR visa 2 years ago. 9 months ago my husband and I came back to the UK for a holiday but have stayed and found work as my mother was very unwell and I didn't want to leave and my husband agreed (he has right to work) I have just received an email about converting my TR to PR. My issue is that I am not resident in Australia right now and haven't been for 9 months, we hope to return to Australia one day but I don't know when. Has anyone been in a similar situation and had an extension on their visa or still been granted PR? I could go back to Australia and apply for it, but I don't want to be away too long and I believe there is a long wait for TR-PR and I am not sure if that would be approved of anyway! Any advice would be helpful - I will email DIBP and see what they say but I am not hopeful to get the answer I want! Thanks :rolleyes: There's no requirement to be resident in Aus to get Spouse PR, you just have to show that the relationship is still ongoing. Link to comment Share on other sites More sharing options...
Grecia Posted April 18, 2016 Share Posted April 18, 2016 Hi I have searched but not found anyone who has been in my situation (or my searching wasn't good!) I entered Australia on a PMV and converted this to TR visa 2 years ago. 9 months ago my husband and I came back to the UK for a holiday but have stayed and found work as my mother was very unwell and I didn't want to leave and my husband agreed (he has right to work) I have just received an email about converting my TR to PR. My issue is that I am not resident in Australia right now and haven't been for 9 months, we hope to return to Australia one day but I don't know when. Has anyone been in a similar situation and had an extension on their visa or still been granted PR? I could go back to Australia and apply for it, but I don't want to be away too long and I believe there is a long wait for TR-PR and I am not sure if that would be approved of anyway! Any advice would be helpful - I will email DIBP and see what they say but I am not hopeful to get the answer I want! In addition to what the others have said: we applied for the second stage partner visa offshore, and the CO will probably ask you to provide a statement as to why you are not in Australia. Nothing arduous - we just submitted a page of A4 and they seemed happy with that. Link to comment Share on other sites More sharing options...
snufkin Posted April 18, 2016 Author Share Posted April 18, 2016 In addition to what the others have said: we applied for the second stage partner visa offshore, and the CO will probably ask you to provide a statement as to why you are not in Australia. Nothing arduous - we just submitted a page of A4 and they seemed happy with that. Thanks Grecia, its al very confusing on the DIBP website it states that for 820/801 visa you have to be onshore to apply. my email states that the second stage visa is 100, 801 so I am hoping I can apply for it offshore and they will be understanding as to the circumstances. on another note what happens when you renew your passport to your visa? I have to get a new passport ASAP and wondered if my visa will automatically be transfered to new passport (my 820 I mean) or if I need to tell DIBP separately to my new application for PR? Thanks Link to comment Share on other sites More sharing options...
Raul Senise Posted April 18, 2016 Share Posted April 18, 2016 Thanks Grecia, its al very confusing on the DIBP website it states that for 820/801 visa you have to be onshore to apply. You are not applying for the 801 visa. You applied for the 801 two years ago at the same time that you applied for the 820. It simply takes two years before they process the 801 application. As such you are simply providing documents to allow them to finalise the application. Link to comment Share on other sites More sharing options...
snufkin Posted April 19, 2016 Author Share Posted April 19, 2016 You are not applying for the 801 visa. You applied for the 801 two years ago at the same time that you applied for the 820. It simply takes two years before they process the 801 application. As such you are simply providing documents to allow them to finalise the application. Okay , so then it shouldn't matter where I am? Thanks for all your help I am going to collate my evidence and send it in and see what happens. Link to comment Share on other sites More sharing options...
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