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Hi all,

I am an Australian citizen and my wife is a US citizen. We have recently put in the documents for her 801 permanent visa. Now it is my understanding that the processing of the 801 visa can take over 12 months. While we both want to eventually settle down in and have our family Australia I have wanted to live in Canada for a little while. So my question is, does my wife need to be in Australia when the 801 visa is granted? Could we move overseas while the visa is processing or do we need to wait until it is processed?

Another question I have is, I understand that the 801 visa has an initial 5 year travel validity and if you are overseas when it expires then you need to apply for a Resident Return Visa. In order to get a Resident Return Visa one of the criteria is that you need to show you have significant ties to Australia. Say we were overseas when the PR expired and we wanted to move back to Australia, would me her husband who is an Australian citizen wanting to move back be classed as a significant tie? As it would be me, the Australian citizen, being sponsored to work in Canada that would indicate that she was following me to Canada rather than her not wanting to live in Australia right? If living in Canada would jeopardise our ability to settle down and live in Australia in the future I would not want to do that.

Thank you
 

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Hi all,

I am an Australian citizen and my wife is a US citizen. We have recently put in the documents for her 801 permanent visa. Now it is my understanding that the processing of the 801 visa can take over 12 months. While we both want to eventually settle down in and have our family Australia I have wanted to live in Canada for a little while. So my question is, does my wife need to be in Australia when the 801 visa is granted? Could we move overseas while the visa is processing or do we need to wait until it is processed?

Another question I have is, I understand that the 801 visa has an initial 5 year travel validity and if you are overseas when it expires then you need to apply for a Resident Return Visa. In order to get a Resident Return Visa one of the criteria is that you need to show you have significant ties to Australia. Say we were overseas when the PR expired and we wanted to move back to Australia, would me her husband who is an Australian citizen wanting to move back be classed as a significant tie? As it would be me, the Australian citizen, being sponsored to work in Canada that would indicate that she was following me to Canada rather than her not wanting to live in Australia right? If living in Canada would jeopardise our ability to settle down and live in Australia in the future I would not want to do that.

Thank you
I hope you have applied for both 820 and 801 visa ?

"Obtaining the permanent Partner visa is a two stage process. To be eligible for a permanent partner visa you first need to be granted a temporary partner visa. You apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary visa, you are eligible to be assessed for the permanent Partner visa (subclass 801) about two years after you lodged your application. You will need to provide further documents for this assessment.
If you have been in a long term relationship before you lodge your application, the permanent subclass 801 visa will be granted immediately after the temporary subclass 820 visa."

Cheers
 
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