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After partner visa is granted, must you make a permanent move?


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Hi,

I am a Brit married to an Australian. We have two kids under 16 who have dual citizenship.  We married in 2001 and have been living in the U.K. since 2002.  

It has long been our plan to relocate back to Australia in 2026 when the youngest is ready for university  

We are currently working on our will (as in Last Will and Testament) and that made me conscious that if my wife were to pass away before 2026, I might have no basis to obtain a visa.  I think that the kids would really want to be near to their family if such an awful thing were to happen.  
 

If I understand correctly, once a partner visa has been granted you have 12 months to enter Australia else the visa will lapse.   I have been trying to determine (via fruitless google searching) if I could enter on a holiday and then return to the UK and the visa remain valid until we are ready to move permanently. 
 

Does anyone know if that is feasible?

 

It’s a bit of a morbid topic, but like making a will, it seems prudent to plan ahead.  
 

thanks in advance. 

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Yes. And that is actually the most common way it happens. Once your visa is granted, you have 12 months from the date of police or medical checks to make first entry (which ever was the earliest). Then, you have five years from the date of the grant to make the move. However do note, that it doesn’t reset when you make the move. If you moved in year 5 you would need a resident return visa to leave and re enter the country. 
 

If you are thinking of 2026, then I would apply now as it is taking a year to two to process. 

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I would have thought that if anything happened to your wife, you would be your kids’ family and they’d be wanting to stay with you and your family wouldn’t they?  But yes, you’d have 5 years to enter once you’ve validated within the year of issue. 

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17 minutes ago, Quoll said:

I would have thought that if anything happened to your wife, you would be your kids’ family and they’d be wanting to stay with you and your family wouldn’t they?  But yes, you’d have 5 years to enter once you’ve validated within the year of issue. 

With me, yes. But I don’t have much family to speak of, whereas the wife has a large family. Very nurturing and the kids have lots of cousins.  Our annual visits and their grandmother spending three months with us here each year have resulted in a very close set of relationships. 
 

Impossible to predict really but I’d want them to have options in such a circumstance.  
 

 

 

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Based on your guys advice, I decided to begin my application this morning!

I came across the following guidance on the official website

"Do not arrange to travel to Australia until we let you know, in writing, that we have granted you the subclass 309 visa"

Do you happen to know if that also excludes a regular tourist visit (subclass 600)?

Thanks again for being so generous with your time.

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2 minutes ago, Tulip1 said:

Good that you’re getting wills sorted out. It’s some years off yet but when you do make the move to Australia you will need to do new ones as I believe U.K. wills aren’t recognised there. 

Oh that's interesting - I didn't know that!

I do understand that there is no inheritance tax though - that's pretty appealing I must say....

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54 minutes ago, FirstWorldProblems said:

Based on your guys advice, I decided to begin my application this morning!

I came across the following guidance on the official website

"Do not arrange to travel to Australia until we let you know, in writing, that we have granted you the subclass 309 visa"

Do you happen to know if that also excludes a regular tourist visit (subclass 600)?

Thanks again for being so generous with your time.

You would need an extremely convincing reason to get a tourist visa right now. Why do you need one?

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I don't.

But I'd hope the borders were back open by middle of 2021.   

Assuming I lodge the application now, and it doesn't get granted until late 2021 or early 2022, that could be a problem.

However since posting this message I was able to find confirmation on immi.homeaffairs that you can enter as a tourist for a holiday whilst waiting.

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14 minutes ago, FirstWorldProblems said:

I don't.

But I'd hope the borders were back open by middle of 2021.   

Assuming I lodge the application now, and it doesn't get granted until late 2021 or early 2022, that could be a problem.

However since posting this message I was able to find confirmation on immi.homeaffairs that you can enter as a tourist for a holiday whilst waiting.

You can in normal times but holidays will only resume when the borders open.  Hopefully that will be next year but who knows. 

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8 hours ago, Marisawright said:

You would need an extremely convincing reason to get a tourist visa right now. Why do you need one?

 

7 hours ago, Tulip1 said:

You can in normal times but holidays will only resume when the borders open.  Hopefully that will be next year but who knows. 

Being the 20-odd year spouse of an Australian citizen and parent of 2 Australian kids should be sufficient justification for the granting of a visitor visa and a travel exemption, even in the current environment. 

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4 hours ago, paulhand said:

 

Being the 20-odd year spouse of an Australian citizen and parent of 2 Australian kids should be sufficient justification for the granting of a visitor visa and a travel exemption, even in the current environment. 

If the stated purpose was just for a short holiday though?

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On 30/08/2020 at 18:17, Tulip1 said:

Good that you’re getting wills sorted out. It’s some years off yet but when you do make the move to Australia you will need to do new ones as I believe U.K. wills aren’t recognised there. 

I think you'll find they are ..but an additional legal process might be needed in Australia called Resealing the Grant of Probate.

Best regards.

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On 29/08/2020 at 22:42, VERYSTORMY said:

Yes. And that is actually the most common way it happens. Once your visa is granted, you have 12 months from the date of police or medical checks to make first entry (which ever was the earliest). Then, you have five years from the date of the grant to make the move. However do note, that it doesn’t reset when you make the move. If you moved in year 5 you would need a resident return visa to leave and re enter the country. 
 

If you are thinking of 2026, then I would apply now as it is taking a year to two to process. 

The Department is presently taking a light touch approach to the required entry date due to COVID-19 restrictions on arrival.

Best regards.

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3 hours ago, Alan Collett said:

I think you'll find they are ..but an additional legal process might be needed in Australia called Resealing the Grant of Probate.

Best regards.

That’s good to know Alan thank you. I’ve seen it said several times on here that’s not the case....just proof that answers on here are so often wrong albeit said with the best intention. 

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3 minutes ago, Tulip1 said:

That’s good to know Alan thank you. I’ve seen it said several times on here that’s not the case....just proof that answers on here are so often wrong albeit said with the best intention. 

As a long time member of PIO, i have commented quite a few times, that however well intentioned the advice given is, I have lost count of the incorrect advice given on visa etc matters, by well intentioned amateurs.

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