verystormy

No, her visa will still be active. However, the right to enter Australia would have expired. In these circumstances a permanent visa holder may be able to apply for what is known as a resident return visa. This allows the holder to return to Australia. There are criteria and it is far from certain if she could get one, but if she could it would be very quick and cost a few hundred pounds. She could then sponsor you on a partner visa.


What you would need to do, is calculate the cost difference to see which route would be cheaper as partner visas are expensive.

Stormfox

Thanks verystormy.

Just had a closer look and it looks as if my wife could apply for a Resident Return Visa, which costs 365 AUD and is usually granted within a week. However, I would then need to apply for a temporary Partner (Provisional) visa (subclass 309) which costs ~£6,500 and takes 13 – 19 months to process. Our two boys would be included on my provisional visa. We then need to prove we have been married for 12months (wedding cert) and the temporary visa converts into a permanent one.

In short, my wife could get in earlier. But I would still have to wait the 13-19 month. I think we might be better off on our current plan. However if you still exist in the Ozzie mainframe, I wonder whether they may well process our application quicker? I know we are in the hands of the gods, but just a thought.

verystormy

I doubt it will make any processing time quicker.


You can though, if you decided to visit Australia with your wife once she has an RRV with you on a tourist visa apply on shore and a bridging visa would be granted with work rights

Pollyana

Just to note, that if you have been married for more than two years (as you have kids, its 3 years without) then you would be granted the Partner PR visa straight off.

Stormfox

Hi guys,

We have another option to consider....

We could go for a Employer Nomination Scheme (subclass 186) visa? My wife's company has discussed the option of supporting us with a sponsorship - which I assume relates to the above.

From what I can see, the employer needs to nominate and lodge this request and once this has been approved, we can start the visa process.

It doesn't look like my wife will need a skills assessment as it refers to proving 5 years experience. Likewise it looks as if you don't need to meet any points either. As my wife has practiced in Oz before, the AHPRA have confirmed she just needs to re-register to practice and submit the supporting documents.

Myself and our two boys can be added to the visa too. What isn't too clear is what rights I would have to work, I'm assuming that i would have full rights to undertake work? And likewise, I'm not sure how long the nomination has to last for once if/when a visa has been granted?

I would welcome feedback, as we have looked at so many options we really are not that sure about which one to proceed with....

Thanks

David

verystormy

Sponsorship is normally a 457 visa, which is a temporary visa and comes with a fair few issues. These include:
It is tied to the employer and if she didn't like it, she couldn't just change jobs. She would need any other employer to be willing and able to take it over.
If she lost her job for any reason, then she would have a limited time to find another willing and able to sponsor or you all leave the country.
Some states charge for education for temporary residents.
Partners can find it hard to get work.
Most important though it is a temporary visa and you must assume you will be coming back to the UK at the end of it.


If it was a 186 - which I would be surprised - then yes, she will need a skills assessment, but it doesn't need points. It is a permanent visa and everyone on it gets a full permanent visa with full work rights.


At the moment, 186 visas are taking a LONG time to process

carcajou

If it is a 457, pass on that. That is not a permanent visa and the expectation will be that you leave. If you have a permanent option, that should be your focus.

I would contact a MARA-registered migration agent to consider your options.

Stormfox

Thanks all :-)