tsc Posted November 13, 2018 Share Posted November 13, 2018 I am looking for some advice please. Is there a risk the 100 permanent visa could be refused if you have not moved to Australia within the two year period between initial 309/100 application and being eligible for the 100. Some further info: 309/100 application - 22.05.18 309 granted - 09.11.18 Eligible for 100 - May 2020 Any guidance would be greatly appreciated. Many thanks Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 13, 2018 Share Posted November 13, 2018 (edited) A 100 can be granted for applicants inside or outside Australia. The delegate would have to be satisfied that you intend to reside in Australia. If you are outside Australia and a 100 is refused, you have a serious problem. Edited November 13, 2018 by wrussell Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 14, 2018 Share Posted November 14, 2018 The huge risk is that you’ll be relying on one immigration officer’s assessment of your intentions. You might be unlucky and he/she will decide that you’ve had ample time to move to Australia so clearly you’re not genuine about moving. Then you’ll be up the creek Quote Link to comment Share on other sites More sharing options...
tsc Posted November 14, 2018 Author Share Posted November 14, 2018 Thanks very much for your replies @wrussell @Marisawright Quote Link to comment Share on other sites More sharing options...
Dispo Posted November 14, 2018 Share Posted November 14, 2018 I don't know for certain but I'd be surprised if they were assessing your intent to move. The visa assesses the nature, strength and reality of the relationship. If you are still together after two more years then based on that you should justify the 100. The 'intent' I would think comes from the fact that you have paid $7000+ for the visa application, why would you do that unless you planned to move. If however plans change and you choose to not move to Oz then I cant see why Oz would be concerned, they are not losing anything by you not moving and you paid for the time and effort of the visa application so they are not out of pocket either - you are. Just as an aside don't forget about the requirement to activate the visa. You need to visit Oz within 12 months of the medical / police check (not the visa grant date) otherwise your 309 will be cancelled and the 100 definitely won't happen. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 15, 2018 Share Posted November 15, 2018 9 hours ago, Dispo said: I don't know for certain but I'd be surprised if they were assessing your intent to move. The visa assesses the nature, strength and reality of the relationship. WRussell is a highly experienced migration agent. If he says they consider your intent to move, then they do! In the past there were many people getting partner visas as a backstop - they had no real desire to move to Australia, they just wanted it as a backup plan in case things went awry in their own country. Australia disapproves of that kind of thing. Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 15, 2018 Share Posted November 15, 2018 THEY can read your mind, 1 Quote Link to comment Share on other sites More sharing options...
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