Subclass 100 Visa question
Mar 1st 2009, 9:02 am
#1
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Subclass 100 Visa question
A friend of mine who is not from Oz married a guy there and got the subclass 100 visa (after she had the subclass 309). She has had the subclass 100 for under a year now, but has recently got divorced.
As i understand it, her visa is fine, and no problem with her staying there, but is she allowed to marry someone who is NOT from Australia, and would they be allowed to stay in the country... i.e on the 309 temporary visa then subclass 100 process??
Or are there restrictions on the subclass 100 that would make this impossible?
As i understand it, her visa is fine, and no problem with her staying there, but is she allowed to marry someone who is NOT from Australia, and would they be allowed to stay in the country... i.e on the 309 temporary visa then subclass 100 process??
Or are there restrictions on the subclass 100 that would make this impossible?
Mar 1st 2009, 10:14 am
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Re: Subclass 100 Visa question
A friend of mine who is not from Oz married a guy there and got the subclass 100 visa (after she had the subclass 309). She has had the subclass 100 for under a year now, but has recently got divorced.
As i understand it, her visa is fine, and no problem with her staying there, but is she allowed to marry someone who is NOT from Australia, and would they be allowed to stay in the country... i.e on the 309 temporary visa then subclass 100 process??
Or are there restrictions on the subclass 100 that would make this impossible?
As i understand it, her visa is fine, and no problem with her staying there, but is she allowed to marry someone who is NOT from Australia, and would they be allowed to stay in the country... i.e on the 309 temporary visa then subclass 100 process??
Or are there restrictions on the subclass 100 that would make this impossible?
See here - http://www.immi.gov.au/allforms/booklets/1127.pdf
Mar 1st 2009, 10:57 pm
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Re: Subclass 100 Visa question
Thanks. I notice it says (on page 14) that you may not be able to sponsor another partner if you have been sponsored yourself as a partner within the past 5 years. Does that include the 2 years you might be on the 309 visa? So you could be on that for 2 years waiting for the subclass 100, then 3 years on the subclass 100. Or would it mean 5 years complete on the subclass 100?
Another question also, if anyone knows... it says (on page 50) that the visa will have a multiple re-entry facility, which means that you can leave, and return to, Australia as many times as you wish within a specified period, which for the subclass 100 visa is for up to 5 years from date of grant. My question is does this mean you have to live in Australia for this period, or can you live elsewhere? My friend is specifically thinking about New Zealand, and moving there for a while... would that pose any problem? Does it mean you have to be living in Australia at the time the 5 years expires? Not sure what the rules are exactly on this.
Another question also, if anyone knows... it says (on page 50) that the visa will have a multiple re-entry facility, which means that you can leave, and return to, Australia as many times as you wish within a specified period, which for the subclass 100 visa is for up to 5 years from date of grant. My question is does this mean you have to live in Australia for this period, or can you live elsewhere? My friend is specifically thinking about New Zealand, and moving there for a while... would that pose any problem? Does it mean you have to be living in Australia at the time the 5 years expires? Not sure what the rules are exactly on this.
Mar 2nd 2009, 5:34 am
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Re: Subclass 100 Visa question
Thanks. I notice it says (on page 14) that you may not be able to sponsor another partner if you have been sponsored yourself as a partner within the past 5 years. Does that include the 2 years you might be on the 309 visa? So you could be on that for 2 years waiting for the subclass 100, then 3 years on the subclass 100. Or would it mean 5 years complete on the subclass 100?
Another question also, if anyone knows... it says (on page 50) that the visa will have a multiple re-entry facility, which means that you can leave, and return to, Australia as many times as you wish within a specified period, which for the subclass 100 visa is for up to 5 years from date of grant. My question is does this mean you have to live in Australia for this period, or can you live elsewhere? My friend is specifically thinking about New Zealand, and moving there for a while... would that pose any problem? Does it mean you have to be living in Australia at the time the 5 years expires? Not sure what the rules are exactly on this.
Another question also, if anyone knows... it says (on page 50) that the visa will have a multiple re-entry facility, which means that you can leave, and return to, Australia as many times as you wish within a specified period, which for the subclass 100 visa is for up to 5 years from date of grant. My question is does this mean you have to live in Australia for this period, or can you live elsewhere? My friend is specifically thinking about New Zealand, and moving there for a while... would that pose any problem? Does it mean you have to be living in Australia at the time the 5 years expires? Not sure what the rules are exactly on this.
If you are outside Australia when the PR visa expires at the end of five years you will need a RRV to get back into Aus. If you are actually living elsewhere this could be difficult to obtain.
http://www.immi.gov.au/allforms/pdf/968i.pdf
Mar 2nd 2009, 12:55 pm
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Re: Subclass 100 Visa question
Thanks. I notice it says (on page 14) that you may not be able to sponsor another partner if you have been sponsored yourself as a partner within the past 5 years. Does that include the 2 years you might be on the 309 visa? So you could be on that for 2 years waiting for the subclass 100, then 3 years on the subclass 100. Or would it mean 5 years complete on the subclass 100?
Another question also, if anyone knows... it says (on page 50) that the visa will have a multiple re-entry facility, which means that you can leave, and return to, Australia as many times as you wish within a specified period, which for the subclass 100 visa is for up to 5 years from date of grant. My question is does this mean you have to live in Australia for this period, or can you live elsewhere? My friend is specifically thinking about New Zealand, and moving there for a while... would that pose any problem? Does it mean you have to be living in Australia at the time the 5 years expires? Not sure what the rules are exactly on this.
http://britishexpats.com/wiki/Austra...ts-New_Zealand
Mar 2nd 2009, 1:47 pm
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Re: Subclass 100 Visa question
Interesting. So if you were living in NZ while on the subclass 100 Visa, this would actually count against you? Assuming you stayed in Oz, once the 5-year period is completed on the subclass 100 visa, what happens then... do you get a different visa? You become a citizen? What about the marriage thing as mentioned above? For example: year 1 you get the 309 visa, year 3 you get the subclass 100 visa, later in year 3 you divorce and decide to move to NZ and stay there for 2 years. You return to Oz within the 5 year period, having only spent a little over 2 years of those 5 actually living in Oz. Shortly thereafter (once the 5 years have passed) would you be entitled then to sponsor someone else for a 309/100? Or would those years in NZ mean you'd have to spend an extra 3 years in Oz before you could do that??
Last edited by Bananadude; Mar 2nd 2009 at 1:52 pm.
Mar 2nd 2009, 11:56 pm
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Re: Subclass 100 Visa question
Interesting. So if you were living in NZ while on the subclass 100 Visa, this would actually count against you? Assuming you stayed in Oz, once the 5-year period is completed on the subclass 100 visa, what happens then... do you get a different visa? You become a citizen? What about the marriage thing as mentioned above? For example: year 1 you get the 309 visa, year 3 you get the subclass 100 visa, later in year 3 you divorce and decide to move to NZ and stay there for 2 years. You return to Oz within the 5 year period, having only spent a little over 2 years of those 5 actually living in Oz. Shortly thereafter (once the 5 years have passed) would you be entitled then to sponsor someone else for a 309/100? Or would those years in NZ mean you'd have to spend an extra 3 years in Oz before you could do that??
2) The five year "life" of the PR visa is the time in which you have permission to re-enter Australia. After that five year expiry date you can live in Aus and you can leave, but you can't re-enter. In order to do that you need to be a citizen (which requires you to fulfill residency requirements) or you need a RRV. This is totally independent from the spouse visa issues - they are two completely different things.
RRV info - http://www.immi.gov.au/allforms/pdf/968i.pdf
Citizenship info - http://www.citizenship.gov.au/how.htm
If you are planning to leave for NZ and then return to Aus and sponsor a spouse, you need to ensure that you return to Australia BEFORE your own PR visa expires, unless you obtain citizenship before you leave.
Last edited by Pollyana; Mar 3rd 2009 at 12:00 am.
Mar 3rd 2009, 3:18 pm
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Re: Subclass 100 Visa question
OK, I see. Thanks. So after the subclass 100 has expired, you can legally stay in Oz and work, claim benefits etc? But if you left for a 2-week holiday to another country, they wouldn't let you back in?
What actually should be done once the 5 year "life" of the subclass 100 visa expires? Would you apply for another type of Visa, or would that not really be necessary? Is the path to citizenship thereafter quite straightforward anyway?
What actually should be done once the 5 year "life" of the subclass 100 visa expires? Would you apply for another type of Visa, or would that not really be necessary? Is the path to citizenship thereafter quite straightforward anyway?
Mar 3rd 2009, 3:49 pm
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Re: Subclass 100 Visa question
OK, I see. Thanks. So after the subclass 100 has expired, you can legally stay in Oz and work, claim benefits etc? But if you left for a 2-week holiday to another country, they wouldn't let you back in?
What actually should be done once the 5 year "life" of the subclass 100 visa expires? Would you apply for another type of Visa, or would that not really be necessary?
What actually should be done once the 5 year "life" of the subclass 100 visa expires? Would you apply for another type of Visa, or would that not really be necessary?
http://www.immi.gov.au/allforms/pdf/968i.pdf
If you are outside Australia, 100 visa expired, and you cannot get an RRV=> your permanent residence is gone.
Is the path to citizenship thereafter quite straightforward anyway?
http://www.citizenship.gov.au
