SUNNYVALI

My application for permanent spouse visa (immigration) was approved last year and I am required to first enter Australia by June 2008. We live in the USA, if that matters. My wife (Australian citizen) and I decided to move to Australia and listed our house in March. Given the housing market, there has been very little movement on the house and we are a bit concerned if it will be feasible for us to move to Australia this year.

My understanding is that I can make a short trip to Australia prior to the Visa expiring in June and from there on I'll have 5 years to reenter. After the 5 years are over, if we have still not moved to Australia, I'll have to reapply for spouse migrant visa.

The question really is - should I spend the money (airfare, etc.) to get my passport stamped by June and see if and when we move or reapply for spouse migrant visa when we are really ready to move? Will my June trip to meet the first entry criteria be looked upon favorably by the Australian Immigration and Citizenship folks if I reapply for spouse visa say in 7 years?

Thanks!

donovandenese

i guess the risk you take if you don't do the validation trip is that the visa rules may change and you won't get in when you reapply, or that you fail the medical when you retake it, or even that your relationship doesn't work out.
maybe you could use the validation trip as a chance for your wife to visit family& friends back home

George Lombard

Hi Sunny,

Another risk is failing health - would be a disaster if something came up to deny entry on medical grounds.

Cheers,

George Lombard

JAJ

5 years starts from when the visa is granted, not validated.

There are two alternative options:

1. Apply for a 5 year Resident Return Visa on concessional grounds. You would, under current rules, have a good chance of "substantial ties" to Australia (Australian spouse), provided you did not let a continuous 5 year period of absence build up (visiting Australia would stop this happening).

http://www.immi.gov.au/allforms/pdf/968i.pdf

The cost of the RRV is much cheaper than a spouse visa (currently A$120) and there is no medical/police check requirement.


2. 4 years after you enter Australia, as the spouse of an Australian citizen, you may be able to apply for Australian citizenship under section 22(9) of the Citizenship Act if you can show a "close and continuing association with Australia".

http://www.citizenship.gov.au/applying/spouses.htm


As noted above, you have little to lose by taking the trip now.

Posts #2 and #3 demonstrate the risks involved in letting your visa lapse. there is also the risk that if you spouse was deceased, your eligibility for a new spouse visa would disappear.

One issue you should bear in mind if you do decide to validate is that you have only a limited period of time, 12 months, to take out health insurance in Australia without paying an age loading (Lifetime Health Cover). As far as I know validation does start this clock ticking so you may need to look at joining a health fund within this time period, even if you then suspend membership when you are overseas.

Don't leave validation to the last minute, it sounds like you only have a month left.

Out of interest, has your Australian wife got her American citizenship?

SUNNYVALI

Finally did it! I took your and other posters' advice and got my visa validated over the weekend. It was long trip from Chicago to Sydney, but I made it back without any issues.

At the immigration check point in Sydney, I was not asked a single question! The officer just stamped my passport and out I went. Great experience overall.

Quick question on your point #2. Does that mean that if I stay in the US for the next 4 years, I can still try/apply for Australian citizenship? I did read the pdf, but still not clear.

To answer your other question about my wife's America citizenship... she is waiting for the last step of taking the oath ceremony and she'll be set... Hopefully, that will be next month.

RCoight

My experience on my validation trip was very similar. In fact, I think I was through immigration before my (Australian citizen) OH!

At the risk of going off-topic I'm curious about your wife's American citizenship. Does she have to renounce her Australian citizenship? I only ask as I have a friend who married an American and then had problems at the US end and my recollection was that it was to do with her not wanting to give up her aussie passport.

SUNNYVALI

RCoight - My understanding is that she can keep both passports and maintain citizenship of both countries. Same is true for both our kids - who already have passports/citizenship of both countries (born in USA). Here's more info on it: http://www.citizenship.gov.au/automa.../dual-citz.htm

I hope it helps.

RCoight

Understood. Thanks for the clarification.