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Guest PixieV

Complicated question relating to de facto visa!

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Guest PixieV

Hey,

 

Myself and partner have finally submitted our de facto visa (subclass 309 and 100). He is from Australia and I am from the UK.

 

Prior to meeting, I had obtained a place on a 2yr radiotherapy course in England. As I planned to live and work in Australia for a yr, this course was deferred and then deferred again due to the situation with my partner. Although course fees are paid in the UK, living expenses for 2 yrs would not be and so we decided my doing the course was not affordable (he has a yr left on a UK work visa, but we were quite certain if he managed to obtain work that it would be difficult to pay rent, bills etc with me studying) and so we went ahead with the de facto visa. However, the day I posted off the visa I had a call saying I could now be given a wage to complete the training and so this option has now become feasible.

 

My question is that if granted the subclass 309 visa, what would happen to it if the majority of the next 2 yrs were spent in the UK completing my course? I know I have to enter Australia to validate the visa if granted, but I am assuming if I don't reside in Australia for the majority of the 2 yrs then my visa will be cancelled and I couldn't gain PR on the subclass 100? Once the course is completed and I have worked for a year, we would hope to return to Australia. Is there any rule that states that you cannot apply for a de facto visa again if you have previously had one that you did not use to reside in Australia?

 

Any advice or anyone who can point me in the direction of answering this question would be appreciated. I have been googling and getting myself more confused!

 

Thanks!:huh:

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I think that's not the case. The requirement for getting the PR visa after the two years is that you are still together with your partner for those two years. I don't think there's a residency requirement. Would your partner be living with you in the UK?

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Guest PixieV

Thanks for the reply.

 

Hopefully he would be living here with me whilst I do the course. However, we had completely ruled this option out and so we are discussing the option of my going over during my holidays and him using his hols to come over whilst I am studying. That wouldn't be ideal for either of us tho, as 2 yrs is a long time to do that. I imagine if we did take that option, the chances of us being together would be slim and then I would have no need to worry about the visa, as I wouldn't need to return to Australia.

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