AriannaC Posted February 29 Share Posted February 29 HI! Really hope to pick your wonderful visa brains! My husband is an Australian citizen, I am British citizen. We were married 7 years ago in the UK and have relocated to Perth with our 2 kids (5 & 3) who both have Australian passports. We are looking to get a more permanent Visa for me - I entered Australia on an eVisitor (subclass 651) visa valid for 12 months from 9 Jan 2024. We landed in Australia on 23 Jan 2024 and currently I have a maximum length of stay of 3 months at a time. We are aware of the subclass 820 / 801 route and understand the 801 may be granted alongside the 820 due to our marriage being longer than 2 years and us having 2 children together. This would give us 5 years on an 801 with full working rights and medicare. However we are planning on returning to the UK in March 2025. We will still visit Australia every 18 months for about 4 weeks at a time for holidays. We are reluctant to spend $8850 on a partner visa for the sake of roughly 1 year of residency if it is not going to roll into a permanent visa. But ideally we would like to know that we can return to Australia as a family without restrictions later on - say if we want to spend longer here when we get a bit older. My questions: Will leaving Australia after 1 year of being granted an 820/801 impact my application and is it worth even applying for it? ie. will the 801 result in a permanent visa despite not being in the country full time for 4 of the 5 years it is granted? Is it possible to simply leave the country every 3 months during my current e-visa subclass 651 then apply for another subclass 651 at the end of the current one to gain access to Australia for the final 2 months of our stay? Is it better to apply for the partner visa when we are back in the UK under a subclass 309/100? Any advice would be greatly appreciated - ideally we are looking for a visa that allows me to come in and out of the country as many times as we wish and stay for however long as we have so much family over here with Grandparents etc. Ideally I would also like to work this year ( even casually ) so i'm not totally a lady wot lunches! Thank you AC Quote Link to comment Share on other sites More sharing options...
Blue Manna Posted February 29 Share Posted February 29 1 hour ago, AriannaC said: HI! Really hope to pick your wonderful visa brains! My husband is an Australian citizen, I am British citizen. We were married 7 years ago in the UK and have relocated to Perth with our 2 kids (5 & 3) who both have Australian passports. We are looking to get a more permanent Visa for me - I entered Australia on an eVisitor (subclass 651) visa valid for 12 months from 9 Jan 2024. We landed in Australia on 23 Jan 2024 and currently I have a maximum length of stay of 3 months at a time. We are aware of the subclass 820 / 801 route and understand the 801 may be granted alongside the 820 due to our marriage being longer than 2 years and us having 2 children together. This would give us 5 years on an 801 with full working rights and medicare. However we are planning on returning to the UK in March 2025. We will still visit Australia every 18 months for about 4 weeks at a time for holidays. We are reluctant to spend $8850 on a partner visa for the sake of roughly 1 year of residency if it is not going to roll into a permanent visa. But ideally we would like to know that we can return to Australia as a family without restrictions later on - say if we want to spend longer here when we get a bit older. My questions: Will leaving Australia after 1 year of being granted an 820/801 impact my application and is it worth even applying for it? ie. will the 801 result in a permanent visa despite not being in the country full time for 4 of the 5 years it is granted? Is it possible to simply leave the country every 3 months during my current e-visa subclass 651 then apply for another subclass 651 at the end of the current one to gain access to Australia for the final 2 months of our stay? Is it better to apply for the partner visa when we are back in the UK under a subclass 309/100? Any advice would be greatly appreciated - ideally we are looking for a visa that allows me to come in and out of the country as many times as we wish and stay for however long as we have so much family over here with Grandparents etc. Ideally I would also like to work this year ( even casually ) so i'm not totally a lady wot lunches! Thank you AC I wasn't aware of the three months minimum stay. Doesn't bother me but it might do in the future. Don't have answers sorry, but interested in replies. Quote Link to comment Share on other sites More sharing options...
paulhand Posted February 29 Share Posted February 29 There’s a lot to unpack here … and it’s too involved for a forum post. I suggest you have a one-off consultation with a registered migration agent to talk through all the pluses and minuses of each approach. It’s unlikely you will be able to string out 651s until March of next year and you certainly won’t be able to work in any capacity. You could try a longer term visitor visa, but again no work. You would need to understand how the ‘permanent’ part of the partner visa actually works. A lot of what makes most sense will come down to what your longer term aims are. Quote Link to comment Share on other sites More sharing options...
AriannaC Posted March 11 Author Share Posted March 11 Thank you @paulhand that was really helpful. We are now looking at a long term visitor visa. So, ill think we'll be in touch with your company! Quote Link to comment Share on other sites More sharing options...
can1983 Posted March 13 Share Posted March 13 I'm confused why would you not apply for a partner visa? I can't see why you wouldn't get pr straight away given time together and children. Leaving the country every 3 months isn't free either and you can't work to pay for the visa so overall surely its financially better to pay for the visa Once you have pr you can work, get health care etc. If you leave say 6 months after getting pr you can keep coming back for a few weeks a year as you please. You can get a RRV if you need to should your travel facility expire. Holidays would meet the 1 day every five years requirement and you would always have significant ties to Australia having two citizens as children. By not getting pr now you are only going to create the possibility you wont get a visa in the future should your relationship breakdown etc. 1 Quote Link to comment Share on other sites More sharing options...
Toots Posted March 13 Share Posted March 13 7 minutes ago, can1983 said: I'm confused why would you not apply for a partner visa? I can't see why you wouldn't get pr straight away given time together and children. Leaving the country every 3 months isn't free either and you can't work to pay for the visa so overall surely its financially better to pay for the visa Once you have pr you can work, get health care etc. If you leave say 6 months after getting pr you can keep coming back for a few weeks a year as you please. You can get a RRV if you need to should your travel facility expire. Holidays would meet the 1 day every five years requirement and you would always have significant ties to Australia having two citizens as children. By not getting pr now you are only going to create the possibility you wont get a visa in the future should your relationship breakdown etc. I am confused too. The OP says she wants to work even casually but that is a no no on a visitor visa. The partner visa makes much more sense. Quote Link to comment Share on other sites More sharing options...
can1983 Posted March 13 Share Posted March 13 8 minutes ago, Toots said: I am confused too. The OP says she wants to work even casually but that is a no no on a visitor visa. The partner visa makes much more sense. yep, I was in a similar situation parent to Australian children. I knew once I had pr my right to come and go as i pleased was assured so long as i didn't commit a serious crime or leave and not at least visit Australia a couple of times in a five year period. Now a citizen which is even better! 1 1 Quote Link to comment Share on other sites More sharing options...
AriannaC Posted March 18 Author Share Posted March 18 HI all. Thank you for your comments and yep I totally agree a partner visa is what we were initially after as makes way more sense, so that we could come and go as we please over our life together, but we are only here a year and the processing time, when I have spoken to agents say it can be between 12- 24 months and then I have to stay an extra year to be granted one, which is why we haven't gone down that route as thats not possible. Its a bit of a tricky situation but I think we are getting there! Ha! 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted March 18 Share Posted March 18 The partner visa sounds the best option. It’s not cheap but it will allow you to work so you can earn the money that you paid out for the visa. It will also cover you for all those trips you make in the future (although at some point you’ll need RRV) best to contact Paul above for a consultation. Quote Link to comment Share on other sites More sharing options...
Blue Manna Posted March 18 Share Posted March 18 On 13/03/2024 at 05:14, can1983 said: I'm confused why would you not apply for a partner visa? I can't see why you wouldn't get pr straight away given time together and children. Leaving the country every 3 months isn't free either and you can't work to pay for the visa so overall surely its financially better to pay for the visa Once you have pr you can work, get health care etc. If you leave say 6 months after getting pr you can keep coming back for a few weeks a year as you please. You can get a RRV if you need to should your travel facility expire. Holidays would meet the 1 day every five years requirement and you would always have significant ties to Australia having two citizens as children. By not getting pr now you are only going to create the possibility you wont get a visa in the future should your relationship breakdown etc. We'll probably have to go down that route eventually. It's a shame the government won't acknowledge our 25 years together, concede you get less for murder and just give my wife citizenship without going through all the hoops and halabaloo of applying for a visa. But I guess they have to give the foreign office staff something to keep them busy or they start plotting revolutions in far off lands or some such thing. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 18 Share Posted March 18 5 hours ago, AriannaC said: we are only here a year and the processing time, when I have spoken to agents say it can be between 12- 24 months and then I have to stay an extra year to be granted one, which is why we haven't gone down that route as thats not possible. I assume that processing time is assuming you apply onshore. I wonder why it's so much longer than applying from the UK? And why do you have to stay an extra year after that? Quote Link to comment Share on other sites More sharing options...
BendigoBoy Posted March 18 Share Posted March 18 19 minutes ago, Blue Manna said: We'll probably have to go down that route eventually. It's a shame the government won't acknowledge our 25 years together, concede you get less for murder and just give my wife citizenship without going through all the hoops and halabaloo of applying for a visa. But I guess they have to give the foreign office staff something to keep them busy or they start plotting revolutions in far off lands or some such thing. No offence, but giving away citizenship at whim like that is a bit of a smack in the mouth to those who have done their time as individuals to earn it, and it would likely still open the door to a fair bit of abuse by a good old number of those who want to make a profit. Plenty of countries where you can slip notes to officials for marriage docos. 2 Quote Link to comment Share on other sites More sharing options...
Blue Manna Posted March 18 Share Posted March 18 2 minutes ago, BendigoBoy said: No offence, but giving away citizenship at whim like that is a bit of a smack in the mouth to those who have done their time as individuals to earn it, and it would likely still open the door to a fair bit of abuse by a good old number of those who want to make a profit. Plenty of countries where you can slip notes to officials for marriage docos. 25 years married to me mate? She deserves a bloody Victoria cross, order of Australia, and an MBE. 2 Quote Link to comment Share on other sites More sharing options...
BendigoBoy Posted March 18 Share Posted March 18 38 minutes ago, Blue Manna said: 25 years married to me mate? She deserves a bloody Victoria cross, order of Australia, and an MBE. Fair shout, fella. Fair shout. At least she'd have earned the VC, unlike some war criminals. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted March 18 Share Posted March 18 5 hours ago, Marisawright said: I assume that processing time is assuming you apply onshore. I wonder why it's so much longer than applying from the UK? And why do you have to stay an extra year after that? I'm confused by that too, why would she have to stay an extra year? She'd get the PR 801 straight away and it they got on with it and applied quick t may well come through by the end of this year. Seems crazy to be trying to do the year on 3 month tourist visas. Trying to leave and re-enter every three months when the rest of the family are Ozzies is almost begging for a refusal as there's a good chance they won't believe she's a genuine tourist. 1 Quote Link to comment Share on other sites More sharing options...
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