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Spouse Visa Questions


_shel

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My Husband has just been granted Citizenship by desent, which means I'm now preparing all the info for my spouse visa.

 

As I understand it once the visa is granted you have 12 months from the date of issue to validate, is that right?

 

I believe that can by via a family visit, that the move wouldnt need to be made by then?

If that is the case when would you have to make the full move, is there a 'set' timescale or are we free to go when we want, given it would be a temp and would only be valid 2 years till it woud be asessed for a perm visa. Though we would def be there by then.

Thanks in advance.

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Guest Emcooper

Not 100% sure on the timeframe you are given to go but part of the application is having medicals and police checks done which are only valid for a year from the date they are completed, not the date the visa is accepted. If you validate your visa before these you wont have to have them done again, if you dont go to Oz until after they expire, you will most likely be asked to do them again. We are applying for the same visa also. Good luck

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Guest overlapingfullback

Hello, we are in the same situation. My wife has just been granted citizenship by descent. Next stop is the passport application. At that point your oh can apply to sponsor you as a spouse to enter Australia. We are at the exact same point as yourselves. If you want to pm me please feel free to pm if you want to and we can help in any way we can. Do you have kids?

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Guest chris_mac
My Husband has just been granted Citizenship by desent, which means I'm now preparing all the info for my spouse visa.

 

As I understand it once the visa is granted you have 12 months from the date of issue to validate, is that right?

 

I believe that can by via a family visit, that the move wouldnt need to be made by then?

If that is the case when would you have to make the full move, is there a 'set' timescale or are we free to go when we want, given it would be a temp and would only be valid 2 years till it woud be asessed for a perm visa. Though we would def be there by then.

Thanks in advance.

 

Hi Shel

 

How long to validate your visa?

- Permanent visas granted offshore normally have a 'first entry date'. ALL family members must enter Australia by this date.

 

- The main applicant must enter Australia first (or at the same time as the rest of the family). The others must enter Australia after the main applicant and before the 'first entry date'. This is known as 'validating' the visa.

 

- The 'first entry date' is normally around 12 months from the earliest date of police checks and medicals. Some people get less than that if medicals have a lesser validity - 6 months is not unknown.

 

- 'First entry date' cannot be changed after your visa is granted. If there is a problem meeting this date after visa has been granted, you must seek urgent professional advice to liaise with DIMIA so they do not cancel your visas. Only in exceptional circumstances will you be able to keep your visa if you do not respect the 'first entry date'.

 

- It is quite acceptable to validate a visa with a holiday in Australia.

 

How long to make the 'proper' move?

- The visa is valid for 5 years from the date of grant (NOT the date the visa is stamped or validated)

 

- You are expected to be in Australia for a total of 2 years (730 days) in this 5 year period.

 

- This is so that you easily qualify for a Resident Return Visa (RRV) after the 5 years is up. You will need an RRV to re-enter Australia as a PR if you are not an Australian citizen.

 

- If you do not meet this requirement but are inside Australia on the expiry date of the visa (5 years hence) the visa does not expire until the moment you set foot outside Australia for any reason.

 

- Hence if you are living in Australia at the end of the 5 year period you will probably not lose your PR but you will face hassle in getting an RRV.

 

- In order to keep life simple, make sure you move to Australia no later than 3 years from visa grant. This ensures you will have the 2 years in Australia required to get an RRV 'no questions asked' at the end of the 5 year period.

 

- Form 968i is an essential resource to understand the RRV rules. Bear in mind these can change anytime.

http://www.immi.gov.au/allforms/pdf/968i.pdf

 

- Becoming an Australian citizen is the only way to fully secure your status in Australia. Australian citizens do not require RRVs.

In general, permanent residents can apply for Australian citizenship after 2 years in Australia as a PR.

http://www.citizenship.gov.au

 

 

Note. If you have a temporary visa (eg temporary spouse, most business skill visas, SIR or a 457) then there will be different rules. Permanent business visas and employer nominated permanent visas have special obligations which must be adhered to in addition to the points below.

 

Best wishes

 

Chris

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Guest overlapingfullback

Well put Chris. You have covered a lot of my own questions in your response. Thanks again.

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Guest overlapingfullback

Hi Shel,

 

Looks as if we will be heading to Perth. What about you?

 

The reason I ask about kids is we have 2 (13 & 16). The 16 year old is due to start A levels this year and will be almost 18 when she completes these. Obviously we want her to get these completed before any move takes place but we were/are a little uncertain as to the timing of the visa application.

 

Ideally we would apply for spouse visa later this year, and validate this next year prior to her being 18 as I understand it becomes more difficult with dependants after this point?

 

On the matter of my wife sponsoring me and the family, would there be any issues with her doing this as she has lived in the UK all her life and the forms make specific reference to income and housing in Australia?

 

Any advice would be appreciated.

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Guest overlapingfullback

Shel,

 

Thanks for the advice - I have got a copy and intend to read up tonight.

 

Thanks for your help.

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I also have citizenship by descent, and was born and raised in UK. My first visit to Australia was last August. When we returned we decided we all wanted to move over and now my OH and 11 year old son have been granted PR.

 

The visa application took ages to pull everything together and we didn't front load the meds or police checks as we didn't know how quickly it would all go through (very!!!). I don't recall all the issues of sponsorship as my OH did all of the application really, but I do know that he had some letters from two of his cousins who are also Australian citizens. They just confirmed our relationship and character really (made for quite nice reading. All sorts of things people wouldn't generally say to your face!)

 

 

We will be heading to Sydney eventually (we think!!)

 

We are going over again this July to validate and our current thinking is to move over for good in January 2010, but that depends on so much happening first.

 

 

Hope it all goes as smoothly for you.

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