309 provisional spouse visa question

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Oct 4th 2010, 2:11 pm

#16

Pollyana

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Re: 309 provisional spouse visa question

Quote:

Originally Posted by Amit1981

Is that true? I thought spouse must live in Aus for 2 years on provisional visa before being granted the permanent one. So you are saying if the visa is applied at offshore then post validation a couple can live offshore for say 2 years which will then lead to auto grant of perm. visa (assuming ongoing relationship after 2 yrs)? I don't think so. I guess spouse has to stay onsite for 2 years to be granted perm. visa (subclass 100). Can you please shed some more light on this?

No, the Spouse does not have to reside in Australia for two years.

Oct 5th 2010, 2:35 am

#17

roaringmouse

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Re: 309 provisional spouse visa question

Quote:

Originally Posted by Pollyana

Quote:

Originally Posted by Amit1981

No, the Spouse does not have to reside in Australia for two years.

As Pollyana confirms, the holder of a validated 309 subclass (offshore spouse visa) does not have to reside in Australia. The processing of the 100 subclass (permanent spouse, from offshore application) can happen either in Australia or outside of Australia.

This was the approach I was originally going to take, however in the end we moved to Australia about 2 months before the 2 year period was up. I'm also aware of a South African who had their permanent partner visa processed (and granted) whilst they were in South Africa.

As a side point, if the spouse visa is originally applied for inside Australia (820) the permanent visa (801) also needs to be decided onshore.