Implications of PR
Sep 21st 2004, 7:55 am
#1
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Joined: Sep 2004
Location: Glasgow, soon to be Melbourne (Oct 2004)
Posts: 26
Implications of PR
The company that The Fella's 4 year visa is being sponsored by have contacted him today with the procedure for applying for PR which they want him to start as soon as we get to Melbourne. As we haven't live together for 6 months plus i am not classified as his partner therefore i am also on a 4 year sponsored visa from another company, they haven't mentionned PR. We are slightly concerned The Fella being granted permanent residency and my not being. 
As we are living together in Melbourne will i be classed as a partner on his pr visa ?
Also we had planned to stay out in Australia for 2 years or so and then decide whether to come home to Scotland or stay for the full 4 years. Staying permanently hasn't really crossed our minds yet- we are both still fairly young and had planned to move back home to Scotland at some stage in the next few years. What are the implications of the Fella having pr in Australia and does it cause any problems if we want to move back to scotland after 2 or 3 years ?
thanks
Cara x
As we are living together in Melbourne will i be classed as a partner on his pr visa ? Also we had planned to stay out in Australia for 2 years or so and then decide whether to come home to Scotland or stay for the full 4 years. Staying permanently hasn't really crossed our minds yet- we are both still fairly young and had planned to move back home to Scotland at some stage in the next few years. What are the implications of the Fella having pr in Australia and does it cause any problems if we want to move back to scotland after 2 or 3 years ?
thanks
Cara x
Sep 21st 2004, 12:57 pm
#2
Migration Agent
Joined: May 2002
Location: Offices in Melbourne, Brisbane, Perth, Geelong (Australia), and Southampton (UK)
Posts: 6,459
Re: Implications of PR
Hello Cara.
- My initial view is that until you have been living together as husband and wife for at least 12 months you can't reasonably be included on your other half's ENS visa application.
- As such your options include deferring the ENS visa application until you have been living together for the required period, or your partner sponsoring you for a spouse visa in due course, after he has been granted p/r status.
- Note that the ENS process typically involves the employer seeking approval from the DIMIA to the nomination of the employee first, and the employee then applying for the visa. The latter must take place within 6 months of the former => maybe action the former and then delay actioning the latter until you meet the DIMIA's requirements as a de facto partner.
- You and/or your partner (and/or his employer) might want to discuss your visa strategy with a migration agent - you can call my office in Melbourne on 03 8530 7030 if you wish (ask for my colleague Greta White).
- No need to worry about your returning to Scotland if you retain UK/EU passports.
Best regards.
- My initial view is that until you have been living together as husband and wife for at least 12 months you can't reasonably be included on your other half's ENS visa application.
- As such your options include deferring the ENS visa application until you have been living together for the required period, or your partner sponsoring you for a spouse visa in due course, after he has been granted p/r status.
- Note that the ENS process typically involves the employer seeking approval from the DIMIA to the nomination of the employee first, and the employee then applying for the visa. The latter must take place within 6 months of the former => maybe action the former and then delay actioning the latter until you meet the DIMIA's requirements as a de facto partner.
- You and/or your partner (and/or his employer) might want to discuss your visa strategy with a migration agent - you can call my office in Melbourne on 03 8530 7030 if you wish (ask for my colleague Greta White).
- No need to worry about your returning to Scotland if you retain UK/EU passports.
Best regards.
Originally Posted by luverly
The company that The Fella's 4 year visa is being sponsored by have contacted him today with the procedure for applying for PR which they want him to start as soon as we get to Melbourne. As we haven't live together for 6 months plus i am not classified as his partner therefore i am also on a 4 year sponsored visa from another company, they haven't mentionned PR. We are slightly concerned The Fella being granted permanent residency and my not being. As we are living together in Melbourne will i be classed as a partner on his pr visa ?
Also we had planned to stay out in Australia for 2 years or so and then decide whether to come home to Scotland or stay for the full 4 years. Staying permanently hasn't really crossed our minds yet- we are both still fairly young and had planned to move back home to Scotland at some stage in the next few years. What are the implications of the Fella having pr in Australia and does it cause any problems if we want to move back to scotland after 2 or 3 years ?
thanks
Cara x
As we are living together in Melbourne will i be classed as a partner on his pr visa ? Also we had planned to stay out in Australia for 2 years or so and then decide whether to come home to Scotland or stay for the full 4 years. Staying permanently hasn't really crossed our minds yet- we are both still fairly young and had planned to move back home to Scotland at some stage in the next few years. What are the implications of the Fella having pr in Australia and does it cause any problems if we want to move back to scotland after 2 or 3 years ?
thanks
Cara x
Sep 21st 2004, 1:07 pm
#3
Just Joined
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Joined: Sep 2004
Location: Glasgow, soon to be Melbourne (Oct 2004)
Posts: 26
Re: Implications of PR
Thanks Alan, that has answered some of our questions, as long as there are no implications regarding us returning to the UK in a few years if that is what we decide to do then i am fairly reassured. The Fella is working with a migration agent employed by the company he will be working for however i was looking for some unbiased advice which you have very kindly provided !
Sep 22nd 2004, 11:58 pm
#4
Retired
Joined: Apr 2004
Posts: 34,649
Re: Implications of PR
Originally Posted by luverly
Thanks Alan, that has answered some of our questions, as long as there are no implications regarding us returning to the UK in a few years if that is what we decide to do then i am fairly reassured. The Fella is working with a migration agent employed by the company he will be working for however i was looking for some unbiased advice which you have very kindly provided !
If you're going to get PR you might as well go to the trouble of sorting out your citizenship as well - unlike PRs, if you are citizens you can always return to Australia no matter how long you leave for.
Jeremy
