Hi

My fiance has been a Permanent Resident for the past 8 years. He was married to an australian until 4 years ago when they seperated and he returned to London, England.

We have decided that we want to live in Australia and we are in the process are getting the paperwork together for my application to migrate as a spouse with my fiance sponsoring me.

Does anyone know the correct procedure?

Thanks

Kay-Jay

Kay-Jay,

The first order of business is for you to determine the immigration status of your fiance. Is he a citizen of Australia now? Or did he leave Australia on the some kind of visa (i.e. spouse visa or resident return visa). You'll have to check his passport for this. I can only spell out the possible routes for you after you know his immigration status.


Peter

Hi Peter

Thanks for replying. My fiance married an Australian Citizen and holds a Spouse Permanent Visa.

He has been out of Australia for the past 2.5 years after seperating from his wife. They are currently still married but divorce proceedings are starting and the papers should be signed within the next month or so. He has no children.

His Permanent Residency visa will expire in November 2003 and obviously the first thing that we need to do is get that extended. We were wondering whether he should travel to Australia to extend this or do this from England?

Thanks for your help.

Kay-Jay

Kay-Jay,

There is no such thing as an "extension" to one's visa. You can only apply for a new visa, but never extend your current one.

In your fiance's case, he should be looking to applying for a resident return visa (RRV). http://www.immi.gov.au/allforms/ostravel1.htm

There are conditions attached to obtaining an RRV:
http://www.immi.gov.au/allforms/pdf/968i.pdf

An RRV can be applied for in or outside Australia. General wisdom seems to indicate that an RRV application in Australia is fairly hassle-free if you meet all the conditions for the grant of an RRV.


Peter