NomandNat

Hello Everyone
What I'm trying to say is - if I were to move to Oz on my own before visa runs out and were to leave my partner here in UK then how difficult would it be for her to migrate at a later date? Obviously her PR Visa would have run out by this time but hopefully with me being a Permanent Resident and looking towards Citizenship can anyone see this as a problem? Surely all she would have to do is apply for a defacto visa?????
Has anyone been in a similar situation? You are welcome to PM me with any help and to have a chat about this.
Cheers
Nom

JAJ

If you are separated then there's no longer a spousal relationship, is there?

NomandNat

I think you misunderstood me................not leaving due to breakdown of marriage but to 'try before I buy' kinda situation......

Come on people........there must be others that have been in a similar situation before.......lets hear from you....

MrCro

APPLICATION SAYS YOU HAVE TO EXPLAIN ANY PERIODS OF SEPERATION AND PROVE RELATIONSHIP ONGOING THROUGHOUT THAT TIME.

excuse caps didn;t know was on!

i.e. prove in constant touch by keeping records of all emails, telephone calls etc etc.

My visa runs out in Jan and just applied for partner visa so hoping comes through quick or I may have to go alone!!!

But that raises another point, if you apply before you return to Oz alone then the period of seperation has not yet occured before applying so you don't need to advise!

good luck

Bermudashorts

I expect JAJ understood you just fine.

It is not normal for spouses to live in differeent countries and you are likely to be asked to prove some pretty compelling evidence as to why you did this. I doubt there are many people who have separated in this way for a prolonged period to be honest.

Why not just both move to Australia? And I am not asking becasue I want to know, but because this is what you will need to explain.

louie

There are loads of couples around the world who are separated by circumstances, for instance my own parents lived apart for years because my dad was working overseas in the oil and gas industry but they wanted my sister and me educated in England so Mum stayed behind with us. As long as you are genuinely still a couple, I can't see it being too much of a problem.

And she very likely wouldn't need a spouse visa, she would probably be entitled to a RRV once you were settled out there as you would be evidence of her ties to Australia. And then once she is granted a RRV, you would be entitled to one as part of her family unit......

Pollyana

It did sounds as if you were planning to leave your wife in the UK for some considerable time, maybe years. If its just a couple of months you're looking at, people do that all the time. Her visa is valid for 5 years, as long as she validates it. After that amount of time apart you will need some serous proof of the relationship in order to get her a RRV, or you may need to sponsor her for a Spouse Visa, in which case DIAC may still ask why you were apart so long, and thus again you will need relationship evidence.

JAJ

But he wouldn't be part of the "family unit" if DIAC thought there was permanent separation involved.

paddyo

I did not see any reference to Permanent Seperation in his post? My reading of the rules is that as long as he/she can satisfy that their relationship is still genuine (phone records, emails, letters, lack of divorce papers!!) then the physical seperatio0n can be explained. As another poster mentioned, seperation is for a variety of reasons and although DIAC may be simple in some understanding of human emotions and common sense, a history of relationship plus evidence of continual communication should suffice.
I understand the 'its all in black and white stance' sometimes but also think that sometimes, just sometimes, simple homework and preparation will get you through.

paddyo

It is completely normal in some situations to live in seperate countries for peoples own personal reasons so your assumption there is very naive and misguided, could also be interpreted as rather dismissive although I suspect that is not your stance at all.

Bermudashorts

Well I have known a lot of married people, throught my 40 years on this planet and have never come across any that have chosen to live in different countries for what sounds like a prolonged period. I have never said that this does not happen, but I stand by my initial statement that it is not *normal* to do this.

I have thus advised OP that DIAC are likely to find this unusual too and they had better have a good explanation ready. What is your issue with that?

Perhaps it would be more helpful for me to have said "sure don't worry about it, get that flight booked".

NomandNat

Thanks for the above replies.....................but please don't argue about it!! We all have different opinions on things so lets have a let live attitude............
We both have validated our visas years ago and as I'm getting a lil cold feet due to various reasons thats why I thought about only one of us trying Oz out for a while to see if its worth the hassle.................. Have I explained myself a lil clearer this time round....................
Keep the postings coming ok
Cheers
Nom