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SophieTheSoph

309/100 - have PR but not 'usually resident'

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Does anyone know what happens with a 309/100 visa is you have PR (or indeed citizenship) but are currently living in the UK?

 

I can obviously explain why I am resident here (to be with my partner!), and explain that I have family in Aus, and give details of my recent earnings. And can even get a family member to offer AoS if needed.

 

Does anyone know if this will be enough? Can't get a straight answer from Aus House, and don't want to put in and pay for the app if this will blow it out the water, especially when we could get a prospective marriage, then apply for the 800/820 instead.

 

Anyone got any experience?

 

Thank

 

StS

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Guest Sk1ppy

I've sponsored my partner and I've been living in the uk for six years. The main thing they wanna see is that ur a genuine couple and that ya will be able to provide and support ur partner for the first two years in oz. if ya can afford a migration agent then ya should get one. We did and the visa should be granted in august. Good luck

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The official word from Australia House is ::

 

Usually Resident

An Australian permanent resident is defined in Australian Migration regulations as a non citizen who, being usually resident in Australia is the holder of a permanent visa.

'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support the applicant. As a matter of policy, we usually support a generous interpretation, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to a person’s 'firm intention to reside' in Australia.

 

Full email here: The Joy of Emigration: Another Useful Email from Australia House

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Thanks Peaches. I'm pretty sure, given that interpretation, that we should be fine with all the evidence we have. Fingers crossed!

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The official word from Australia House is ::

 

Usually Resident

An Australian permanent resident is defined in Australian Migration regulations as a non citizen who, being usually resident in Australia is the holder of a permanent visa.

'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support the applicant. As a matter of policy, we usually support a generous interpretation, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to a person’s 'firm intention to reside' in Australia.

 

Full email here: The Joy of Emigration: Another Useful Email from Australia House

 

 

It is not open to the minister or any delgate of the minister to place a construction on provisions of the Migration Act or regulations. The courts have ruled on this issue.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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It is not open to the minister or any delgate of the minister to place a construction on provisions of the Migration Act or regulations. The courts have ruled on this issue.

Thanks wrussell - can you explain what that means in laymans terms for me, please?

 

StS

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