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Partner visa (subclass 100) questions


Azzie

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Hi All,

My wife is a British National and I am a dual Australian and British Citizen. My wife has been issued partner visa subclass (100). As we have been together for sometime this was issued immediately on grant of the visa (we did not have to wait 2 years on the provisional visa). 

The visa grant date is XX Feb 2023. Date of first entry is XX Feb 2024. The must not arrive after date is XX Feb 2028.

We have just activated the visa by taking a holiday to Australia prior to the first entry date. We have now returned to the UK and are planning our relocation to Australia and I just wanted to check my understanding of a couple of points. 

1.) As we have activated the visa, does this mean we now have until XX Feb 2028 (the must not arrival after date) to relocate? I just want to be sure that if we do not travel to Australia at all and then relocate in say late 2027, we will not have any issues with entry at that time.

2.) Assuming we leave it until late 2027 to relocate, my wife’s travel facility will expire on XX Feb 2028. Do you think we will have any issues with renewal of the travel facility at that point (i.e. obtaining a resident return visa) given the limited time we will have been living in Australia? Has anyone been in a similar position that can share their experience? We do not want to be restricted from travel given we have family outside of Australia and if there are issues with this we may plan our relocation earlier as I read we need at least 2 years of residence to qualify for the resident return visa, hence relocating in 2026 is something we are also considering. 
 

Thanks 

Azzie 

 

 

 

 

 

 

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42 minutes ago, Azzie said:

1.) As we have activated the visa, does this mean we now have until XX Feb 2028 (the must not arrival after date) to relocate?

Yes, that's right.

43 minutes ago, Azzie said:

2.) Assuming we leave it until late 2027 to relocate, my wife’s travel facility will expire on XX Feb 2028. Do you think we will have any issues with renewal of the travel facility at that point (i.e. obtaining a resident return visa) given the limited time we will have been living in Australia? 

The RRV won't be granted automatically, because she won't meet the residency requirements, but if you have moved lock stock and barrel to Australia, established a home (rented or bought), both have jobs, bank accounts etc, she will be able to demonstrate strong ties to Australia, so she shouldn't have any problems getting the RRV.  Because it'll be discretionary it will take longer to process, so it would be wise to allow plenty of time when you apply.  

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