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SUMMARY: Spouse Visa Processing times OFFSHORE-UK. Please add your Stats.


Guest sr1992

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Hi all, I have a few questions re: 309 visa application if anyone has the time to answer them.

 

Did you all complete the Form 80 (Personal Particulars for Assessment including character assessment) then scan and upload?

 

And same for the Form 1221 (Additional personal particulars information).

 

Also is it easy to get pensions transferred? How do I do that. I'm rubbish when it comes to finances, is there anything I should know/do before moving home to Australia (I've lived here 10 years now).

 

What's the best way to transfer money to Australia when we sell the house?

 

Thanks everyone.

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Can anyone set my mind at rest please.... My H2b was told by a friend that done his visa over 10yrs ago that once i get my... now not sure if he said visa or citizenship.....that I can't leave Oz for 5 years!!!!!! :err: Surely this isn't true????? Can anyone shed some light on this please, thank u :)

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Can anyone set my mind at rest please.... My H2b was told by a friend that done his visa over 10yrs ago that once i get my... now not sure if he said visa or citizenship.....that I can't leave Oz for 5 years!!!!!! :err: Surely this isn't true????? Can anyone shed some light on this please, thank u :)

 

lol yes you can. You can depart and come back on a partner visa just fine (I went overseas recently on mine fwiw). Once the partner visa timeframe ends then you need a bridging visa to be able to depart and return to Aus (ie if you go on holiday). Or become a citizen and not have the hassle of that. But you don't suddenly not have a PR visa or anything.

 

You need to reside in Aus for a set period of time to apply for citizenship, perhaps he meant that? But its nothing like 5 years or anything so don't panic.

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Can anyone set my mind at rest please.... My H2b was told by a friend that done his visa over 10yrs ago that once i get my... now not sure if he said visa or citizenship.....that I can't leave Oz for 5 years!!!!!! :err: Surely this isn't true????? Can anyone shed some light on this please, thank u :)

If you get a permanent residency visa it lasts for 5 years. You can come and go as many times as you like within that 5 years. At the end of 5 years your visa will expire and you have to apply for a 'Right of Return Visa' (RRV), which i think lasts indefinitely. To qualify for a RRV you need to have been resident in Australia for about 2 years our of the previous 5 years. (The website tells you in days, like 750 days or something, so it doesnt need to be consecutive years or anything). As the previous poster said, if you become a citizen which you can after 2 years of permanent residency then you can save all that worry anyway. Hope that helps.

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Hi all, I have a few questions re: 309 visa application if anyone has the time to answer them.

 

Did you all complete the Form 80 (Personal Particulars for Assessment including character assessment) then scan and upload?

 

And same for the Form 1221 (Additional personal particulars information).

 

Also is it easy to get pensions transferred? How do I do that. I'm rubbish when it comes to finances, is there anything I should know/do before moving home to Australia (I've lived here 10 years now).

 

What's the best way to transfer money to Australia when we sell the house?

 

Thanks everyone.

 

Suggest you start new threads in the appropriate area of the forum to ask about transferring pension and funds. Many with good knowledge of this sort of thing won't be looking in this thread ;)

 

ETA - I don't recall form 80 or 1221. Just the main application and the sponsors forms.

 

Can't see them on the checklist either

 

https://www.border.gov.au/Trav/Visa-1/309-/Partner-(Provisional)-visa-(subclass-309)-and-Partner-(Migrant)-visa-(subclass-100)-document-checklist

Edited by Guest
correct link
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If you get a permanent residency visa it lasts for 5 years. You can come and go as many times as you like within that 5 years. At the end of 5 years your visa will expire and you have to apply for a 'Right of Return Visa' (RRV), which i think lasts indefinitely. To qualify for a RRV you need to have been resident in Australia for about 2 years our of the previous 5 years. (The website tells you in days, like 750 days or something, so it doesnt need to be consecutive years or anything). As the previous poster said, if you become a citizen which you can after 2 years of permanent residency then you can save all that worry anyway. Hope that helps.

Thank u for the information....I want to be a citizen anyway & plan to do this as soon as I can, so basically I wouldn't have any problems but what about whilst I'm waiting for my permanent residency visa to be grants after I'm married. Can I make a trip bk to the UK within that time if needed??? My dad has just been given all clear from cancer :) which is great news but makes u realise u never know what's round the corner!!!

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Thank u for the information....I want to be a citizen anyway & plan to do this as soon as I can, so basically I wouldn't have any problems but what about whilst I'm waiting for my permanent residency visa to be grants after I'm married. Can I make a trip bk to the UK within that time if needed??? My dad has just been given all clear from cancer :) which is great news but makes u realise u never know what's round the corner!!!

 

Its great to hear that your dad has received the all clear!!!

 

you an apply for Citizenship after being in oz for four years, and the last year of this being a permanet resident, so you should be fine :)

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After asking the question on here I emailed my agent with the same question. This is what he sent me bk so I thought I'd put it on here to help others with stages of their visas :)

 

Stage One – Prospective Marriage visa

It will be for 9 months and, as you know, you must marry and apply for your permanent visa within that 9 months. It’s a multiple-entry visa, so you can leave and return during that time.

 

Stage Two – Application for Partner visa (provisional visa)

When you apply for your Partner visa, this will need to be processed. These, like this one, takes quite a long time. While it’s being processed, you will have what’s called a Bridging Visa. Your bridging visa is NOT multiple entry, so you would need to seek advice and permission from Immigration if you wanted to leave Australia for short periods during this time.

 

Stage Three – Provisional Partner visa

When your Partner Visa application is approved, you will get your provisional visa. This is valid until you get your permanent visa, usually about 2 years later. This visa is multiple entry, so you can travel freely while it’s in effect.

 

Stage Four – Permanent Partner visa

When you get your permanent Partner visa, around 2 years from when you get your provisional Partner visa (although it could take a little longer), this is also multiple entry, so you can travel freely while it’s in effect.

 

Stage Five – Australian citizenship

Once you have had your permanent visa for 4 years, you could enquire about citizenship. I would strongly recommend this, although it is optional, and you should note that there are some other things you need to do to qualify for this, but because this is 6-7 years away at least, it’s too early to go into detail on this. You would then get an Australian passport, and have both it and the UK one, and you would never have any entry restrictions to Australia again.

 

Resident Return Visa

If you choose never to become an Australian citizen, you would need to have a Resident Return visa whenever you left Australia. These usually run for 5 years at a time (this could be where the 5 years you heard of comes from). They are multiple entry. However, in order to qualify for a new Resident Return visa when it runs out each 5 years, you need to show that you’ve spend a total (so all days add up) of 2 of the past 5 years in Australia. If you have, they’re straightforward. If you haven’t, you’d need to see Immigration or a migration agent to see if you qualify for another kind of Resident Return visa. But the bottom line is, if you spend 2 years in 5 (in total) in Australia, you would not have any problems at all.

 

Please note, though, that rules can change, so you’d need to check your situation out if you’re planning to leave Australia in either of the following:

- You’re on your Bridging Visa (Stage 2 above); or

- You have a permanent visa, but don’t have a resident return visa.

 

Bottom line, once you have your permanent visa, if you’re spending most of your time in Australia, with just occasional short visits outside, you shouldn’t have any problems.

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One other thing to bear in mind if you plan to make trips back to UK is your UK tax situation. If you switch to being an Australian tax resident having moved to Australia then there are limits on how long you can spend back in UK before getting sucked back into UK tax system. First year it is only a couple of years, increasing each year after ceasing to be UK tax resident.

 

I am not sure of the practical problems since the dual tax arrangement should make sure that you are not taxed twice, but it might mean more form filling!

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309 Visa granted today!

Details in my signature... Validation date given as 06/01/16 - so a bit of extra time - although we'll still be arriving at the end of September as planned. It's a very happy Tuesday.

 

Good luck to everyone waiting!

 

I can't stop checking my email now!!!

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One other thing to bear in mind if you plan to make trips back to UK is your UK tax situation. If you switch to being an Australian tax resident having moved to Australia then there are limits on how long you can spend back in UK before getting sucked back into UK tax system. First year it is only a couple of years, increasing each year after ceasing to be UK tax resident.

 

I am not sure of the practical problems since the dual tax arrangement should make sure that you are not taxed twice, but it might mean more form filling!

That's good to know but for me I only ask in case something should happen to either of my parents or want to return for a 2/3 week holiday :)

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309 Visa granted today!

Details in my signature... Validation date given as 06/01/16 - so a bit of extra time - although we'll still be arriving at the end of September as planned. It's a very happy Tuesday.

 

Good luck to everyone waiting!

A big congrats Mirella, best of luck for yr future :jiggy:

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Another November grant. Congratulations Mirella, giving me a bit of hope that mines ain't far away. I've to leave the country by next Thursday and go back to Scotland if I don't get my PMV. I'm on this forum about 100 times a day checking things. Going a bit crazy now haha

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Thanks for that info about all the stages Jen44 ... pretty handy to have it all together. Because it's not great to be stuck in Oz during stage 2, I had a quick look into that and found out some useful info.

 

So: if you get a 300 visa, then enter Oz and get married, and then apply for the 309/100 equivalents (which are called the 820/801 when you're applying onshore) - you get Bridging Visa A when you pit this application in. But you stay on the terms and conditions of the 300 for the remainder of the 9 month period it gives you, before you go onto the terms and conditions of the bridging visa.

 

So, you have freedom to travel in and out of Oz during that 9 month stretch from whenever you get your 300 granted. Thank god, 'cos I've plans where I need to travel! and then you get stuck until your 820/801 comes through!

 

Alternatively, you can ask for Bridging Visa B, which allows you to travel in and out, but you need to make your case and they need to accept your reasons for travel.

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Delighted for you, go celebrate!!!

 

309 Visa granted today!

Details in my signature... Validation date given as 06/01/16 - so a bit of extra time - although we'll still be arriving at the end of September as planned. It's a very happy Tuesday.

 

Good luck to everyone waiting!

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Actually, there seems to be a mistake regarding stage 5. You do need 4 years prior to application living in Australia for citizenship, but only the 1 year directly prior to the application needs to be permanent residency.

 

The gov website says:

'The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia.

You must:

 

 

  • have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and
  • not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying.

 

The Residence Requirement Calculator can help you calculate whether you meet this requirement.

Under certain circumstances the residence requirement may be varied.'

 

 

 

 

 

 

After asking the question on here I emailed my agent with the same question. This is what he sent me bk so I thought I'd put it on here to help others with stages of their visas :)

 

Stage One – Prospective Marriage visa

It will be for 9 months and, as you know, you must marry and apply for your permanent visa within that 9 months. It’s a multiple-entry visa, so you can leave and return during that time.

 

Stage Two – Application for Partner visa (provisional visa)

When you apply for your Partner visa, this will need to be processed. These, like this one, takes quite a long time. While it’s being processed, you will have what’s called a Bridging Visa. Your bridging visa is NOT multiple entry, so you would need to seek advice and permission from Immigration if you wanted to leave Australia for short periods during this time.

 

Stage Three – Provisional Partner visa

When your Partner Visa application is approved, you will get your provisional visa. This is valid until you get your permanent visa, usually about 2 years later. This visa is multiple entry, so you can travel freely while it’s in effect.

 

Stage Four – Permanent Partner visa

When you get your permanent Partner visa, around 2 years from when you get your provisional Partner visa (although it could take a little longer), this is also multiple entry, so you can travel freely while it’s in effect.

 

Stage Five – Australian citizenship

Once you have had your permanent visa for 4 years, you could enquire about citizenship. I would strongly recommend this, although it is optional, and you should note that there are some other things you need to do to qualify for this, but because this is 6-7 years away at least, it’s too early to go into detail on this. You would then get an Australian passport, and have both it and the UK one, and you would never have any entry restrictions to Australia again.

 

Resident Return Visa

If you choose never to become an Australian citizen, you would need to have a Resident Return visa whenever you left Australia. These usually run for 5 years at a time (this could be where the 5 years you heard of comes from). They are multiple entry. However, in order to qualify for a new Resident Return visa when it runs out each 5 years, you need to show that you’ve spend a total (so all days add up) of 2 of the past 5 years in Australia. If you have, they’re straightforward. If you haven’t, you’d need to see Immigration or a migration agent to see if you qualify for another kind of Resident Return visa. But the bottom line is, if you spend 2 years in 5 (in total) in Australia, you would not have any problems at all.

 

Please note, though, that rules can change, so you’d need to check your situation out if you’re planning to leave Australia in either of the following:

- You’re on your Bridging Visa (Stage 2 above); or

- You have a permanent visa, but don’t have a resident return visa.

 

Bottom line, once you have your permanent visa, if you’re spending most of your time in Australia, with just occasional short visits outside, you shouldn’t have any problems.

Edited by Eifster
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Yes I noticed that so I emailed my agent bk, asked him to confirm this as I had also read that a while bk when I was reading up on citizenship, so will be interesting what he emails bk!!

Thanks for the other info, like u said handy to know & I am one for wanting to know everything!!!! Lol

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