Permanent Visa 100 - offshore, already activated, relationship breakdown

[oliver27]

Hi,

I have a subclass 100 permanent partnership visa granted to me and spent around 6 months in Australia already. Myself and partner moved back to the U.K. after 6 months in Australia. Although I didn’t like some aspects of Aus, I think we didn’t give it long enough and maybe the location in Australia wasn’t right, not Australia per se. It was mostly my partner who craved to go back to the U.K. and I sometimes wonder whether it was the right choice to return.

My question is relatively complicated: unfortunately, I feel my relationship may be breaking apart. I want to stay with my partner first and foremost, so hopefully we can work things out, but I’m also thinking about my options if it doesn’t work out in the end, and returning to Australia could be one of those options. For a fresh start.

However, it’s a ‘partner’ visa, and my partner is my sponsor. Where do I stand with this? Again, it’s a permanent visa. All I can find on google relates to relationship breakdown advice either as part of the application process or if I was on a temporary partnership visa. Not an already granted and activated permanent 100 visa.

Also, to get an RRV (resident return visa) should I wish to continue living in Aus, I know I would have had to be permanent resident for two years out of five. I’ve spent 6 months already in Australia, so would need to spend about 1.5 years in that five year period to qualify. But would it matter that I wasn’t with my partner anymore?

If anyone can shed any light that would be helpful. Again, I love my partner more than any geographic location(!) so hopefully things get better and I don’t need to put into practice any of this advice in the end.

[wrussell]

As long as your relationship did not 'break down' before your PR was granted, you will have travel rights for 5 years.

 

[MaggieMay24]

Once your 100 is granted, you have a PR visa regardless of whether your relationship breaks down or not.  Your eligibility for a RRV will be based on whether you have spent 2 of the previous 5 years (holding your PR visa) in Australia or whether you have strong ties which are of benefit to Australia. 

[Ken]

You only need an RRV if you want to enter Australia after the 5 year travel portion of your permanent visa has expired. You don't need an RRV to live in Australia as long as you travel there (and remain there) before the 5 years are up. If you should need to make a trip out of Australia before completing the necessary 2 years out of the previous 5 years (and so don't qualify for the 5 year RRV) there are shorter RRVs (normally 1 year) available if you can show substantial ties to Australia. For the holder of a subclass 100 your partner would normally be the substantial tie so you may just have to put up with the 2 year wait if you return alone just before the 5 years are up.

[oliver27]

Thanks all for the advice, much appreciated.

Just so I understand this clearly (please correct me if I’m wrong)...

 

- I can re-enter Australia on this subclass 100 visa (even if I am no longer with sponsor), but must do so within 5 years of the visa being activated. If I was to enter after the 5 year period, the visa would no longer be valid.

 

- I can enter the country just before the 5 years are about to expire, but would then need to wait 2 years before applying for the standard 5 year RRV (again, assuming I have no substantial link via partner anymore). I don’t HAVE to have spent 2 years WITHIN my 5 year subclass 100 visa travel allotment, just 2 years at any time during the last 5 years.

 

My visa details:

Date of grant: 08 May 2018

For first entry, arrive by: 01 March 2019

Must not arrive after: 08 May 2023

Length of stay: Indefinite from the date of each arrival

Travel: Unlimited until 08 May 2023. For travel after this date, apply for a Resident Return visa

 

I activated the visa in Oct 2018.

 

So I interpret that I have two options:

 

Option 1: Arrive in Australia anytime before my visa is up, but then build up 2 years residency.

As long as I arrive again before May 2023 (as stated as ‘must not arrive after’ on visa), I can then spend 2 years in Australia and then apply for RRV. Although this isn’t ideal, as it would mean if I needed to travel outside of Australia (e.g. for family emergency) I wouldn’t be able to (or I should say I would be able to, but then my visa is lost) as I’d be waiting to build up 2 years of residency.

 

Option 2: Ensure I have built up 2 years residency in Australia WITHIN my current subclass 100 travel period.

So realistically to ensure I have both kept my permanent residency status while still keeping travel rights - I have spent roughly 6 months (Oct 18 - May 19) already and would need to spend another 1.5 years within my current 5 year period the subclass 100 grants (Oct 18 being activation date), so would need to move back to Aus roughly end of 2021 as a ‘deadline’?

 

Hopefully I've got this right, and thank you so much for the advice on what I’m finding to be a confusing situation!

Again, I’d prefer option 3: stay with partner :)

[Marisawright]

13 minutes ago, oliver27 said:

 

Just so I understand this clearly (please correct me if I’m wrong)...

- I can re-enter Australia on this subclass 100 visa (even if I am no longer with sponsor), but must do so within 5 years of the visa being activated. If I was to enter after the 5 year period, the visa would no longer be valid.

This is almost correct, except I'm pretty sure you must do so within five years of the visa being granted, not activated (i.e. your deadline is the same date that's on your passport - you must enter before 08 May 2023).  

[paulhand]

1 hour ago, oliver27 said:

Thanks all for the advice, much appreciated.

Just so I understand this clearly (please correct me if I’m wrong) ...

 

So I interpret that I have two options:

 

Option 1: Arrive in Australia anytime before my visa is up, but then build up 2 years residency.

As long as I arrive again before May 2023 (as stated as ‘must not arrive after’ on visa), I can then spend 2 years in Australia and then apply for RRV. Although this isn’t ideal, as it would mean if I needed to travel outside of Australia (e.g. for family emergency) I wouldn’t be able to (or I should say I would be able to, but then my visa is lost) as I’d be waiting to build up 2 years of residency.

 

Option 2: Ensure I have built up 2 years residency in Australia WITHIN my current subclass 100 travel period.

So realistically to ensure I have both kept my permanent residency status while still keeping travel rights - I have spent roughly 6 months (Oct 18 - May 19) already and would need to spend another 1.5 years within my current 5 year period the subclass 100 grants (Oct 18 being activation date), so would need to move back to Aus roughly end of 2021 as a ‘deadline’?

 

Hopefully I've got this right, and thank you so much for the advice on what I’m finding to be a confusing situation!

Again, I’d prefer option 3: stay with partner

Not quite ... you need to spend 2 years in Australia to qualify for a 5 year RRV, but you can still apply for and be granted a one year RRV if you have not spent 2 years, provided you demonstrate that you have substantial personal, business, employment or cultural ties to Australia which are of benefit to Australia. 

[oliver27]

2 hours ago, paulhand said:

Not quite ... you need to spend 2 years in Australia to qualify for a 5 year RRV, but you can still apply for and be granted a one year RRV if you have not spent 2 years, provided you demonstrate that you have substantial personal, business, employment or cultural ties to Australia which are of benefit to Australia. 

I’m just sticking with the normal RRV that focuses on 2 year residency, and not shorter ones which are a bit more subjective (by the sound of it).

What do you mean not quite?

I know I have to spend 2 years, but I guess my question in a nutshell is whether I need to do those two years within my current 5 year subclass 100 ‘window’ or whether I can start a two year period if I enter Australia just before my ‘must not enter after’ date (May 2023)? Or whether both options are feasible.

[oliver27]

3 hours ago, Marisawright said:

This is almost correct, except I'm pretty sure you must do so within five years of the visa being granted, not activated (i.e. your deadline is the same date that's on your passport - you must enter before 08 May 2023).  

Yes sorry, that’s what I meant

Also, I have nothing in my passport, which I believe is normal these days - all electronic.

Edited September 22, 2019 by oliver27

[Amber Snowball]

1 hour ago, oliver27 said:

I’m just sticking with the normal RRV that focuses on 2 year residency, and not shorter ones which are a bit more subjective (by the sound of it).

What do you mean not quite?

I know I have to spend 2 years, but I guess my question in a nutshell is whether I need to do those two years within my current 5 year subclass 100 ‘window’ or whether I can start a two year period if I enter Australia just before my ‘must not enter after’ date (May 2023)? Or whether both options are feasible.

As long as you enter by the may 2023 date you can do your time after that if you want. Don’t dismiss the 1 year rrv , as if you are living in Australia with a home and job etc, you have substantial ties.

[paulhand]

14 hours ago, oliver27 said:

What do you mean not quite?

I know I have to spend 2 years, but I guess my question in a nutshell is whether I need to do those two years within my current 5 year subclass 100 ‘window’ or whether I can start a two year period if I enter Australia just before my ‘must not enter after’ date (May 2023)? Or whether both options are feasible.

I mean that in answer to your question “hopefully I’ve got this right”.

The “options” you set out are not mutually exclusive and everything also applies if you stay together. As mentioned above, discounting the one year RRV is not the right way to think about this.