Green Grass

Hi
I'm an Australian Permanent Resident (validated) which expires in 3 years time and live in the UK. Since I got my visa, I've separated from my wife and now live with a Romanian woman and we wish to move to Australia.

My understanding of the Partner Visa is that I will have to be her sponsor, but that also means I need to be in Australia when she applies. I also understand we will have to provide proof of our relationship for at least a 12 months period prior to the application.

My problem is how do I get her there? I don't want to be in Australia with her in Europe. She can't apply for an ETA as Romanians do not qualify. She can apply for a 676 Tourist Visa but this requires all the health and police checks pre application. I'd like to be able to travel within the next 6 months. Is this unrealistic?

My understanding is that as I will be her sponsor, she does not have to hold a substantive visa when the application is made within Australia. She is 23 and I'm not sure if there are any other options for her.

Any thoughts on the best way to get her there. She will be pretty fluent in English before we leave and the intention is for her to then pursue teacher or nursing training.

Thanks

Dorothy

You apply for a partner visa subclass 309 for her. You (and she) do not need to be in Australia at the time of application, you only have to prove that you are in a genunine defacto (living together as a married couple) relationship for more than 12 months. www.immi.gov.au is where to start.

Green Grass

According to Form 40SP - Sponsorship of a Partner to migrate

'If you are an Australian permanent resident or eligible New
Zealand citizen, you are required to be usually resident in
Australia.'

I think this means that I have to be living there already before I apply to be her sponsor. Does this mean we have to be living apart when she applies?

Dorothy

No, it doesn't mean you need to be living in Australia. I already told you, you apply for the subclass 309 offshore partner visa. Take the advice or not, it's your choice. However, don't ask for help and then argue when you're given it.
http://www.immi.gov.au/migrants/part...ty-defacto.htm

Pollyana

How does this fit in with your previous post about getting a RRV 2 years ago? Are you actually 2 years into a 5 year RRV, or 2 years into your PR visa?

moneypenny20

I've highlighted the important word. Whilst we're not Romanian, and my husband was born in Australia, he'd not lived here since he was 4. He was able to sponsor me.

Green Grass

My apologies. I got my RRV 2 years ago but separated from my wife. My RRV expires in February 2014. I'm desperate to use it as I'm certain I will not get another one...as I have never actually settled in Australia (only validated my original PR visa).

JAJ

The difference is your husband is an Australian citizen. Non-citizens do need to be "usually resident" in Australia before sponsoring for a spouse visa. In the past, DIAC London was flexible on this but given how they seem to have changed processes recently, this may not necessarily be the case any longer.

Pollyana

I suspect (though I'm willing to stand corrected) that this might make a difference. As JAJ indicates, DIAC London will look at whether you have moved to Aus, or spent any time there. Not only do you have the initial 5 years of the visa gone, but also 2 years of a RRV. Did you actually live in Australia at all during those 7 years since getting the visa?

roaringmouse

Have you divorced?

iamthecreaturefromuranus

Yet another totally wasted visa.

I think DIAC should be looking change the rules around visas. This 'nip in and validate' business is just rubbish. DIAC should be insisting that if you're granted a skills visa and then not resident within a max of of two years, then you will have been deemed to have defaulted on your visa.... and cancel it.

Deutschmaster

can she get a working holiday visa?

roaringmouse

Romania isn't on the list of countries for either a WHV or W&HV.

Green Grass

I haven't lived there at all in the last 7 years (I only lived there 3 years as a child). I got divorced during my original visa. My second wife then wanted to go so I got RRV's for me, my first wife and my children by my first wife. My second wife changed her mind about going and we are now separated. My current partner wants to go.

If I hadn't complicated my life so much, this would be easier!

Green Grass

I'm divorced from my first wife but wont be divorced from my second wife for at least 18 months.