e3geek

Hi, I am an Australian citizen currently living in USA. My wife has been granted a spouse visa (subclass 309) to move to Australia but we are not ready to move yet. Her visa is temporary for 2 years and then will be converted into a permanent visa.

My question is can we make a visit to Australia to activate her visa and then continue living in the USA or she has to live in Australia to convert her visa to a PR? We don't have immediate plans to move to Australia but would like to have her PR.

maulajatt

No problems at all staying in USA after grant. You just need to make validation trip there and then notify your CO/Department about your plans to live in USA. Once she will be eligible for subclass 100, the application will be shifted to nearest Australian embassy for processing. You can be inside or outside Australia at the time of subclass 100 grant.

e3geek

Which CO you are talking about? And why do I need to notify them after I come back from Australia? I thought she will just get the PR after 2 years I dont know how it works.

maulajatt

The CO who processed your Wife's 309 application and granted her visa. He must have emailed you grant letter. You don't need to notify them that you are back in USA after validation trip, you should just inform them about your updated plan. They need to have your current address on files. Once she is eligible for 100 which is 2 years after the actual 309/100 application lodging date, you will receive some communication from processing center in Brisbane. If she is in Australia at that time, then they will process your case, if offshore then case will be transferred to the nearest Australian embassy.

e3geek

OK, can't they just send me an email? Or they need to have my updated address all the time? If communication is supposed to happen from Brisbane why do I need to tell my CO who is offshore? I thought the CO's job is finished and we won't have to do anything with her anymore.

Do I still need to pay more in visa fee?

maulajatt

Informing CO is not actually required, but Its efficient way as CO just finished processing your case, so he can just update the relevant files. Else, you can send form 929 to inform them about your new address later on if you change your address. I am not at that point to get subclass 100, but what i've read on forums is that people receive an application package from Brisbane team and you have to provide what have been requested and complete the forms and send back. There is no more fee for processing subclass 100, you already paid it. Its a combined application for both 309-100.

Bermudashorts

Personally, I do not believe there is any requirement whatsoever to inform immigration of your movements. It is not their business. Just make sure they have up to date contact details for you when the time comes for the second stage visa.

Pollyana

DIBP require your wife (the visa holder) to keepthem updated with her current address at all times until a decision is made on the PR stage of the vksa.

They don't need to know your or her plans, but they do need her up to date contact details at all times, thats a condition of the provisional visa. Using Form 929 is the best way. Details will be in the grant letter sent to your wife.