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moominfillyjonk

Timelimit to move? Spouse visa

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Hi All,

We are about to apply for Spouse Visa (offshore). I've read that if your temp visa is granted you have basically one year to enter the country to validate it. 

Once the permanent part if approved, is there then a time limit to enter the country for that? And also do you have to move and stay in Australia for a certain amount of time?

I'm basically thinking if something happened in the UK to make us stay and not move to Australia for a number of years, would that matter? Does the visa(s) run out for example if you don't move to Aus?

Very badly explained!

Thanks!

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So i think your question needs a 2 part answer. But this is just my understanding so a senior member may have more info.
First entry is set when the visa is granted. This is usually 1 year from when the medicals or police checks were done (whichever was first) not the visa being granted, so if you front load the application with these included but it takes 6 months to get the grant your first entry must be within the latter 6 months. However this can be a quick trip just to activate the visa.
In terms of a perm move when the visa has been validated you will have this date on your application also which is usually 5 years after the medical /police check (dont hold me to 5 years maybe someone who has had a grant can confirm)
However be aware if you leave it to the last minute you wont be eligible for a RRV (right to return) visa, as i think you need to have been in the country for 2 of the past 5 years to qualify for this. As such you can go into OZ but cant leave without not having a valid visa to go back. again full criteria around this is something you will need to look i to and check.
hope i pointed you somewhat in the right direction. sorry cant be more definitive but as we are hoping for a grant and then moving pretty much straight away i know we would meet the RRV criteria so havent checked whats needed too much.

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On 15/09/2018 at 08:38, Katiebobbles said:

First entry is set when the visa is granted. This is usually 1 year from when the medicals or police checks were done (whichever was first) not the visa being granted, so if you front load the application with these included but it takes 6 months to get the grant your first entry must be within the latter 6 months. However this can be a quick trip just to activate the visa.

This is correct

On 15/09/2018 at 08:38, Katiebobbles said:

In terms of a perm move when the visa has been validated you will have this date on your application also which is usually 5 years after the medical /police check (dont hold me to 5 years maybe someone who has had a grant can confirm)

As this is a 2-stage visa, it works slightly differently. The initial temporary 309 visa is valid until the permanent 100 visa is decided. Assuming the 100 is granted, your initial 'must not arrive after' date is 5 years from the grant of the 100 visa. You can travel freely on the visa during this period.

On 15/09/2018 at 08:38, Katiebobbles said:

However be aware if you leave it to the last minute you wont be eligible for a RRV (right to return) visa, as i think you need to have been in the country for 2 of the past 5 years to qualify for this. As such you can go into OZ but cant leave without not having a valid visa to go back. again full criteria around this is something you will need to look i to and check.

You need to have been in Australia for 2 years in the previous 5 as a permanent resident to be granted a 5 year RRV. If you have significant ties to Australia (such as an Aussie partner) then you can be granted a one year RRV if you don't meet the 2 in 5 residence requirement.

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

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