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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Spouse visa Australia

14 replies

Sunse · 23/08/2022 08:26

Apologies, posting here for traffic

Does anyone know if I can get an Australian spouse visa while living in the UK? Do they have a limit/expire day or is is valid indefinitely until we go there and apply for the permanent one.

Thank you

OP posts:
savoycabbage · 23/08/2022 08:36

You need a prospective marriage visa if you are outside of Australia. You have about a year after you get the visa to get into Australia and then you will need to start the process for a partner visa.

savoycabbage · 23/08/2022 08:37

Prospective marriage visa is probably about £4000 now and the next one a couple of thousand more than that.

Sunse · 24/08/2022 04:28

Thank you. I realised I wasn’t very clear. I have been married to an Australian citizen for 15 years and we live in the UK and have 2 children who also have Australian passports. We all have British passports too.

My question is: Can I apply for an Australian spouse visa while living in the UK.? As per the information I read I think I can apply for a temporary spouse permit. What is not clear is does that visa have a limit? Expire date.? Is there a limit on the time we need to be in Australia ? Eg 2 years, 5 years after temporary spouse visa is granted?

OP posts:
Jenny70 · 24/08/2022 05:12

So the link Technophobic gave above clearly states that you apply for 2 visas at the same time - the 820 (temporary) and the 801 (permanent). Once granted the 820, it is only valid whilst the 801 is being processed... if you get approved/denied the temporary one expires, and if you withdraw from the 801 process, the 820 also lapses.

The 801 also says that it starts to be processed 2 years after you apply, ie. you need to live in Australia for 2 years before you are eligible for a permanent visa. 90% of permanent visas are processed within 21 months, so basically the longest the temporary visa would last is 4yr (2 year waiting period and then 2yr processing). But could be faster, but temporary is min of 2yr.

You must apply for the temporary visa from within Australia and there are various conditions prior to applying (health check etc).

Whatsonmymindgrapes · 24/08/2022 05:52

@Sunse yes you can apply for a spouse visa whist in the Uk. It takes about 6 months to receive it and you have one year from the date of grant to arrive in Australia. (I’ve just done this process for my partner)

Whatsonmymindgrapes · 24/08/2022 05:53

@Jenny70 @Sunse it’s not true you have to wait 2 years for permanent you apply at the same time my partners temporary and permanent visa grant notification arrived at the same time on the same day.

DifficultBloodyWoman · 24/08/2022 05:54

Actually, I think you need the 309/100 partner (provisional) visa.

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309#About

For this visa, you must be offshore (not in Australia) when you make your application. Process8ng times seem marginally q

DifficultBloodyWoman · 24/08/2022 06:02

Sorry, cat walked over the keyboard.

As I was saying….

Processing times seem marginally quicker but nothing substantial. Coming from the UK with 15 years of marriage and two kids behind you, I suspect you will be granted it fairly quickly. In fact, you may be granted the 100 visa straight away and skip the 309 temporary part. (But you don’t get to decide that, the immigration officer assigned to your case does).

The 100 visa is good for 5 years. You can apply for a resident return visa which essentially extends it or you can apply for citizenship after two years.

savoycabbage · 24/08/2022 07:18

Actually, I think you need the 309/100 partner (provisional) visa.
So do I.

Sunse · 24/08/2022 10:21

Thank you all; that’s is very helpful.

if I get granted the 5 year permanent visa can I apply for citizenship from the UK or do I have to be in Australia.?

If I only get granted the temporary visa how long will it be valid for.?

My main concern if that the visa doesn’t expire if we don’t go there within 5 years. I don’t want to loose 8,000 aud. I will look at the resident return visa.

OP posts:
DifficultBloodyWoman · 24/08/2022 11:01

The distinction between the temporary and permanent visas is confusing. One automatically leads to the other. You apply for both together, and the ridiculously high cost (one of the most expensive visas in the world) is inclusive of both. You cannot apply for only one portion.

Think of the temporary visa as a probation period. There is no rhyme or reason to it (that I know of) but sometimes the temporary and permanent visas are granted on the same day, sometimes years apart.

If you are issued with a temporary visa, it is valid until your permanent visa is finalized. In other words, valid until the permanent visa is issued or declined.

If you are issued with a permanent visa, it is valid for 5 years. You are then on the pathway to apply for citizenship or other permanent resident visas.

My main concern if that the visa doesn’t expire if we don’t go there within 5 years. I don’t want to loose 8,000 aud. I will look at the resident return visa.

Just to confirm/clarify - you must move to Australia on or before the date on your Visa Grant Letter. This is usually 12 months after the Visa Grant Letter is issued.

If you don’t move before the date on your Visa Grant Letter, the visa will be cancelled and effectively expire. Bye bye $8k+.

If you do move before the date of expiry, then you have the time it takes to grant a permanent partner visa (ie the time you spend on a temporary visa) plus 5 years (the length of the permanent partner visa). You must be resident in Australia to apply for a Resident Return Visa.

The link in my earlier post can give you more information about visa pathways and how to apply. Click on all the tabs. You could also consult a migration agent in the UK or check out Aussie expat boards.

A lot of people have walked this path before you and can give advice but the most trustworthy will be the information provided by the government in the link above.

Sunse · 24/08/2022 11:12

Difficultbloodywoman. Thanks a lot for your help, I appreciate it; your explanation is very clear. I have also been looking at the link you sent.

It seems a bit risky if I get the temporary visa and we don’t go there, but could also until I get the permanent one. Husband’s family live there and we have a flat.

It will also be worthy if I get the permanent one. I also consulted with an immigration advisor and he said we could apply for the permanent one if we had children within 2 years of living together which we did.

Can you recommend any Aussie expat boards

OP posts:
savoycabbage · 24/08/2022 11:14

Why do you want to apply for it if you aren't planning on going and living there? Why not just apply if you have firmer plans?

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