Partner Entitled To Permanent Residence?

[Guest alibabs]

Hi,

 

I am just wondering if anyone can advise me if my partner would be automatically entitled to permanent residence, due to the fact that I have dual citizenship, from having lived in Australia from when I was 5 till when I was 10 and we have just had a baby together. We are discussing the option of going over as I still have a lot of family there and was just wondering what process we would have to go through and how long this would take. Any feedback would be much appreciated!

[Peach]

Hi congratulations on the new baby and welcome to Poms in Oz. It currently takes six months to process a partner visa through the London office.

 

The rule of thumb as to whether or not your partner would be entitled to immediate PR is:

 

In most cases, permanent residence cannot be granted less than 2 years from when you

lodge your application. You may, however, be granted a permanent visa without having

to fulfil the usual two-year waiting period if:

• at the time you apply, you have been in a partner relationship with your partner for

3 years or more, or 2 years or more if you and your partner have a dependent child of

your relationship;

 

Your next step should be to read :: http://www.immi.gov.au/allforms/booklets/1127.pdf (the official partner migration booklet).

 

There's loads of gumpf about this on my blog (I've just been through the partner visa process myself).

 

In short you have to :

 

Fill out form 47 (partner application form)

Fill out form 40 (sponsor application form)

Provide a load of evidence of your relationship and proof of who you are

Partner has to do a medical

Partner needs to provide police certificates

Give a £1000 or so to immigration

Wait around alot.

 

I'd also look into if you can pass your citizenship onto your child. Depends on your own citizenship I think.

[gr8leo87]

So if an australian PR gets married the spouse will not get PR but only a temporary visa? and hence can't take benefits of that a PR can like subsidised tuition fees for university education?

[k8bug79]

So if an australian PR gets married the spouse will not get PR but only a temporary visa? and hence can't take benefits of that a PR can like subsidised tuition fees for university education?

 

For the first 2 years, I believe, after taht the visa is reconsidered and if you are still eligible the spouse visa becomes a permanant.

[Peach]

For the first 2 years, I believe, after taht the visa is reconsidered and if you are still eligible the spouse visa becomes a permanant.

 

Yep, what bug said - and during the temporary period tuition fees would not be subsidised.

[gr8leo87]

Yep, what bug said - and during the temporary period tuition fees would not be subsidised.

ok but would this time lived be considered for citizenship? for the spouse

[Peach]

Yes all counts toward citizenship..

[Guest alibabs]

Thanks for that. Do you know how I would go about applying for an aussie passport for my daughter?

[Peach]

Is you daughter entitled to one? (how did you get your citizenship?).

 

This might help :: The Joy of Emigration: Australian Citizenship by Descent