Partner Visa advice - living currently in UK

[Lori78]

Hi all - new to forums! after some advice!

I lived in Australia for 6 years - firstly on a employee sponsor visa, later gaining PR. 8 months after gaining Australian PR I returned to the UK and have been here since for past 2.5 years with my British partner. We were never planning on staying here more then a few months, but life happened and time just got away from us. I have to return to Australia by November 2020 as my 5 year travel facility will expire then and I currently do not meet the requirements for a RRV or Citizenship due to my time outside the country. I do not want to lose my opportunity to live in Australia, to me it is my home and I miss it terribly. 

We are planning on applying for a Off shore partner visa for him and returning to Australia as soon as possible, however i am concerned about my eligibility to be my partners sponsor. Im confused by the requirement as the sponsoring spouse I need to show that Australia is my usual place of residence, but without moving back there without him how can i prove this when i’ve been in UK for past 2 .5 years? I have read that the partner visa process can take 18 months to process, i don’t think its possible financially and more so emotionally for me to move back there without him for that long! Is anyone else been in this situation? ANY advice would be much appreciated. Just trying to start this process is putting a lot of strain on our relationship and we keep putting it off as its overwhelming, but time is running out.

 

[Nemesis]

5 hours ago, Lori78 said:

Hi all - new to forums! after some advice!

I lived in Australia for 6 years - firstly on a employee sponsor visa, later gaining PR. 8 months after gaining Australian PR I returned to the UK and have been here since for past 2.5 years with my British partner. We were never planning on staying here more then a few months, but life happened and time just got away from us. I have to return to Australia by November 2020 as my 5 year travel facility will expire then and I currently do not meet the requirements for a RRV or Citizenship due to my time outside the country. I do not want to lose my opportunity to live in Australia, to me it is my home and I miss it terribly. 

We are planning on applying for a Off shore partner visa for him and returning to Australia as soon as possible, however i am concerned about my eligibility to be my partners sponsor. Im confused by the requirement as the sponsoring spouse I need to show that Australia is my usual place of residence, but without moving back there without him how can i prove this when i’ve been in UK for past 2 .5 years? I have read that the partner visa process can take 18 months to process, i don’t think its possible financially and more so emotionally for me to move back there without him for that long! Is anyone else been in this situation? ANY advice would be much appreciated. Just trying to start this process is putting a lot of strain on our relationship and we keep putting it off as its overwhelming, but time is running out.

 

You can be the sponsor while living in the UK with him. Many people on here have done just that and then moved back together. You just explain you pans t move back when writing your statement abut the relationship.

[paulhand]

4 hours ago, Nemesis said:

You can be the sponsor while living in the UK with him. Many people on here have done just that and then moved back together. You just explain you pans t move back when writing your statement abut the relationship.

The rules are different for citizens and Permanent residents. Australian citizens can sponsor from overseas with no issues. Permanent residents need to be “usually resident” in Australia to be a sponsor. This needs to be addressed, but should not be a huge issue in the OP’s circumstances  

@Lori78 if you contact me via my website, I am happy to have a no obligation chat. 

[Jojobluesox2]

I am in a similar situation...I have PR but have been back in the UK 18 months and we have been together 18 months..he's English no PR. We haven't lived together yet but about to and doing ivf so are committed. 

My PR runs out dec 2020 so we definitely want to get back before...I have a citizenship application in from dec 2017 but they haven't approved probably as im not there. 

Would we apply for a offshore partner or prospective marriage Visa? And is it still ok to be the sponsor if I've been out 18mo? And what happens if it takes longer than dec 2020 if we apply now?

[Marisawright]

1 hour ago, Jojobluesox2 said:

I am in a similar situation...I have PR but have been back in the UK 18 months and we have been together 18 months..he's English no PR. We haven't lived together yet but about to and doing ivf so are committed. 

My PR runs out dec 2020 so we definitely want to get back before...I have a citizenship application in from dec 2017 but they haven't approved probably as im not there. 

Would we apply for a offshore partner or prospective marriage Visa? And is it still ok to be the sponsor if I've been out 18mo? And what happens if it takes longer than dec 2020 if we apply now?

The post above yours was from a registered migration agent so it would be worth getting in touch with him and having a consultation. 

You'll notice he says that a citizen can apply for an offshore partner visa no problem, but a permanent resident has to prove that they're "ordinarily resident" in Australia.  It sounds like that would be difficult for you.  Also, the partner visas require evidence of 12 months together in the equivalent of marriage - dating doesn't count, even serious committed dating.  So it does sound like the prospective marriage visa would be the most sensible choice, since you just have to prove the relationship is genuine, you don't have to meet the 12 month requirement.

The quoted waiting times include people from "high risk" countries.   Applications from the UK are usually much quicker so you should be OK for December 2020.