troep77

Hi all,

I am looking into an application for a spouse visa and have a few specific questions. I am familiar with most aspects of the normal procedure but was curious whether anyone has recent experience with being granted a permanent visa straight away, rather than a temporary 2-year visa.

To give some background, my wife is an Australian national who moved to Europe for work over 12 years ago. We met, moved in together (8 years ago), moved country together for work, got engaged (6 years ago), got married (4 years ago in WA), moved country twice more for work and are now looking to settle somewhere permanently. We don't have any kids but based on our long relationship I would hope that the genuine nature of it is not in doubt.

The other aspect is that we both have good jobs so would rather not move without securing new employment in Australia beforehand which may take some time. On the other hand, it is difficult to get employment without (permanent) residency status. So we do not want to be forced to have to move too quickly after the visa is granted. Satisfying the entry requirement is not a problem (a holiday in Oz is always nice), but I am unclear how quickly we need to actually relocated to Australia if:
1) I get granted a 2-year visa initially
2) I get the permanent visa straight away

So in summary my questions are:
1) Has anyone been granted a permanent spouse visa straight away recently?
2) How soon after a 2-year visa has been granted do I need to relocate to Australia?
3) If a 2-year visa is granted and we do not move to Australia within that time (but the relationship stays active), can I apply for a permanent visa from abroad?
4) If a permanent visa is granted straight away, can I defer relocation indefinately, or does that risk the permanent visa being revoked?

Any insights/feedback much appreciated!

Pollyana

You will get PR straight away as you have been together more than 3 years.

You will need to enter Aus to validate the visa within the time given by the CO - that is usually 12 months from the date of the medical or police check, whichever was done first.

troep77

Thanks Pollyana for the quick reply. I had seen the 3 year criteria but wasn't sure whether that is always followed or still applied on a case by case basis. Any experiences out there of long term relationships (>3 years) only being issued temporary visas?

My alternative is to apply for a skilled migrant visa (would score around 70 points) but that seems to have gotten more complicated and expensive so the spouse visa seems the easier route.

I now also understand that the permanent visa allows for indefinite stay but only allows exit and reentry for 5 years, after which a RRV is required. I presume that if you do not actually move to Australia within the first 5 years (although visiting regularly), getting an RRV offshore might be a challenge?

Thanks again.

The next challenge will be the police clearances having lived in 4 countries in the last 10 years, some of which do not seem to give those to non-resident non-citizens.

Bermudashorts

It is not a case by case basis, the rule is clear. So you will get PR straight away as Polly has explained.

In theory getting the RRV could be hard for some, in practice it doesn't seem to be that hard and I have seen it granted in all kinds of situations where the applicant does not seen to meet the criteria on paper. Having an Australian wife would presumably assist somewhat in your case anyway.

troep77

Thanks Bermudashorts, good to hear it is a firm rule. We'll deal with the RRV if and when the time comes. Hopefully we'll be living happily in Australia before that is required.