Spouse Permanent Resident Visa Rights
 

Hi there,

I have a defacto spouse permanent resident visa. I have nearly satisfied the residency requirements for citizenship, which I will be able to apply for in early May 09.

However ... my relationship is floundering and my spouse is making suggestions that he won't allow me to stay here if I am not with him (ie he seems to think he could tell immigration we have split and I could be forced to leave).

Does anyone happen to know what the position is?

Thanks in advance!

Re: Spouse Permanent Resident Visa Rights
 

I would suggest that you ring the Australian Embassy and ask them. You would not have to give your name.

Re: Spouse Permanent Resident Visa Rights
 

If you have a permanent visa as you say then your visa is no longer dependant on you remaining in the relationship....your spouse has no say in whether or not you can stay in Australia.

You would only have an issue if you were still in the 2 year provisonal phase of your visa application.....if you are nearly ready to qualify for citizenship then that cannot be the case.

You have nothing to worry about, nor do you need to inform DIAC of anything.

Your citizenship application will also not consider whether or not you are still in the relationship.

Re: Spouse Permanent Resident Visa Rights
 

I would agree with bcworld, as long as you have been granted the full permanent visa then you can do whatever you want.

Go to www.immi.gov.au, look for the contact phone number. Call them, explain the situation. They are very helpful. I'm 99.9% certain that they will confirm what bcworld has already told you, putting your mind at rest.

Re: Spouse Permanent Resident Visa Rights
 

I second that. I think bcworld is right.

Re: Spouse Permanent Resident Visa Rights
 

Thanks Guys,

That's great news. Its not really a good time to be thrust involuntarily into the world of unemployment!

Re: Spouse Permanent Resident Visa Rights
 

Except there is a risk the immigration helpline will say the opposite, leading to distress and confusion. Bottom line is that if it's a permanent visa, subclass 100 or 801, breakdown of the relationship after the visa has been granted (or validated, if offshore) is not a problem.

Re: Spouse Permanent Resident Visa Rights
 

Hi, couple of questions for all you experienced people out there:

I'm still on my Provisional Spouse visa, but been here a little over two years. Do you know what the procedure is for it to go Permanent, and how long it takes?

I dropped the Immigration dept a line a couple of months back to notify them of a change of address and I included a note that it was now two years since moving to Aus and asking them the procedure to get Permanent visa, but not heard anything.

Also, what happens if I want to go back to the UK for six months or a year after getting my Perm visa? Do I then need to re-apply, etc? I may be in the situation sooner or later that I'll separate from my OH, and I'm not sure how that will affect my visa rights...

Re: Spouse Permanent Resident Visa Rights
 

very true !

Re: Spouse Permanent Resident Visa Rights
 

You have already applied for your permanent visa when you applied for the temporary one.

The two years was up on the second anniversary of your application and they should have contacted you a month or two before then so you could provide them with the required evidence for them to grant your permanent visa.

If they haven't contacted you already, you need to start asking some urgent questions as something may be wrong and you don't want them closing your file if a letter has been lost in the post and they think you are no longer interested.

If you separate before you get PR, you may have to leave Australia. Depends on circumstances.

After you get PR, http://www.immi.gov.au/allforms/pdf/968i.pdf

Re: Spouse Permanent Resident Visa Rights
 

As per what JAJ said you should have been contacted shortly prior to the 2nd anniversary of when you submitted your application - perhaps with the address change occuring around that time things have gone astray...you need to look into this ASAP as DIAC will generally expect you to return 2nd stage docs within 2 months of their letter.

As for 2nd stage docs, expect to submit all the same types of evidence you submitted in stage 1, more stat decs, statements from you and your partner.

Mine was approved 10 weeks after submission, others I know have been much quicker. Never at any stage have I spoken to anyone at DIAC or had to attend an interview.

Once granted your PR visa will have 5 years validity so you don't need to worry about overseas travel, even if it is for a long period.

Re: Spouse Permanent Resident Visa Rights
 

Thanks guys. Bit concerned that I never received any communication from DIAC, and it shouldn't have been lost when we moved house as we've got a mail redirect to our new place. I'll give them a call first thing tomorrow morning and see what they say.

I'm really glad I asked the question on here, otherwise I'd have been waiting for something from DAIC forever!

Re: Spouse Permanent Resident Visa Rights
 

Uh oh, 10 weeks? I submitted my 2nd stage docs almost 7 months ago and have still heard nothing. The letter from immigration stated it could take up to 9 months, but now I'm getting a bit worried - any suggestions?

Mike

Re: Spouse Permanent Resident Visa Rights
 

7 months sounds excessive to me but if DIAC have a set a standard of 9 months there's probably not a lot you can do. Have you had any communication with them at all in that time?

Re: Spouse Permanent Resident Visa Rights
 

My 2nd stage took approx 10months. When I called to enquire, they told me that there was a huge backlog and to call again in 2months if I hadn't received anything!