[kaps]

Hi,

My situation is somewhat like this:


I have applied for skilled sponsored (subclass 176) PR visa for Australia and got it on May 2012

Since then I have been to Australia for 8 months from Nov 2013 to June 2014, Looked for Jobs, failed to find job of my choice and had to return to cater for my mothers ailing health and get married.

Now I am married, and want to move back to Australia with My Spouse
My PR is valid till May 2017, Should I file spouse visa for my wife (waiting time is about an year for that) or should I file fresh fresh joint PR application (will they grant me PR again)

I wanted to file fresh PR because it will save time and money (I have already given my IELTS)


anyone who had been in the same boat... could you please answer my query I am very tense because of this dilemma

 

[trinkasharma]

I really doubt if you can apply for PR if already are a PR.

BTW your wife may be eligible for other visas. Even a PR will take min of 3 months.

 

[shivkaundal]

Hi,

My situation is somewhat like this:


I have applied for skilled sponsored (subclass 176) PR visa for Australia and got it on May 2012

Since then I have been to Australia for 8 months from Nov 2013 to June 2014, Looked for Jobs, failed to find job of my choice and had to return to cater for my mothers ailing health and get married.

Now I am married, and want to move back to Australia with My Spouse
My PR is valid till May 2017, Should I file spouse visa for my wife (waiting time is about an year for that) or should I file fresh fresh joint PR application (will they grant me PR again)

I wanted to file fresh PR because it will save time and money (I have already given my IELTS)


anyone who had been in the same boat... could you please answer my query I am very tense because of this dilemma

Hello,

I am also in similar situation. My PR is going to expire in 2018 and i am planning to move in april 2017. I am thinking of applying spouse visa for my wife in india itself so that some of the waiting time can be used while i am in india. I am checking with some consultants on spouse visa application from India as well.

Thanks

 

[FAIS]

Hi,

My situation is somewhat like this:


I have applied for skilled sponsored (subclass 176) PR visa for Australia and got it on May 2012

Since then I have been to Australia for 8 months from Nov 2013 to June 2014, Looked for Jobs, failed to find job of my choice and had to return to cater for my mothers ailing health and get married.

Now I am married, and want to move back to Australia with My Spouse
My PR is valid till May 2017, Should I file spouse visa for my wife (waiting time is about an year for that) or should I file fresh fresh joint PR application (will they grant me PR again)

I wanted to file fresh PR because it will save time and money (I have already given my IELTS)


anyone who had been in the same boat... could you please answer my query I am very tense because of this dilemma

If you are in Australia, your PR will not expire even if you land in Australia one day before your 5 year PR travel facility expires. So, you can apply for a partner visa.

If you live there for two years continuously (if you reach there on the last day), you will be able to file resident return visa (for 5 years)

If you live there for less than two years, you will be given three months RRV to comeback but only in case you have a compelling and compassionate reason of leaving Australia.

If you do not reach Australia by the end of your visa validity period, you will not be able to file for partner visa except in case you get an RRV by showing legit reasons of not spending two years in Australia out of the last 5 years and your partner applies on the basis of your RRV.

 

[ozbound12]

If you are applying for a partner visa for your spouse, you will need to be living in Australia to do this. Only Australian citizens can apply for partner visas when they are overseas.

https://www.border.gov.au/Trav/Visa-1/309-

 

[shivkaundal]

If you are applying for a partner visa for your spouse, you will need to be living in Australia to do this. Only Australian citizens can apply for partner visas when they are overseas.

https://www.border.gov.au/Trav/Visa-1/309-

I am not sure about the above statement. I checked with MARA agent and she says that I can apply for my wife Spouse visa from India as well. She said there is nothing specific written about this in legislation. The only point here is to convince the CO that why you did not move to Australia till now and need to provide the evidence for the same.

 

[ozbound12]

I am not sure about the above statement. I checked with MARA agent and she says that I can apply for my wife Spouse visa from India as well. She said there is nothing specific written about this in legislation. The only point here is to convince the CO that why you did not move to Australia till now and need to provide the evidence for the same.

If your agent says this, then by all means apply but it is stated on the website and in the partner migration booklet: "If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia."

https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf

In other cases on the forums, some PRs sponsoring foreign spouses while living overseas have had to provide proof of intent to live in Australia - a job offer, lease/contract of sale on a house, letter of resignation from the job overseas. It doesn't seem to me that convincing a CO of why you didn't move to Australia previously would provide sufficient proof of meeting the "usually resident in Australia" criteria. Then again, in other cases, no proof was required. It's just something you should be aware of. DIBP is notoriously inconsistent in the application of their regulations.

 

[shivkaundal]

If your agent says this, then by all means apply but it is stated on the website and in the partner migration booklet: "If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia."

https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf

In other cases on the forums, some PRs sponsoring foreign spouses while living overseas have had to provide proof of intent to live in Australia - a job offer, lease/contract of sale on a house, letter of resignation from the job overseas. It doesn't seem to me that convincing a CO of why you didn't move to Australia previously would provide sufficient proof of meeting the "usually resident in Australia" criteria. Then again, in other cases, no proof was required. It's just something you should be aware of. DIBP is notoriously inconsistent in the application of their regulations.

Thanks for your reply. Can you please suggest any members on this forum who has sponsored spouse visa like this.

 

[kaps]

If your agent says this, then by all means apply but it is stated on the website and in the partner migration booklet: "If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia."



In other cases on the forums, some PRs sponsoring foreign spouses while living overseas have had to provide proof of intent to live in Australia - a job offer, lease/contract of sale on a house, letter of resignation from the job overseas. It doesn't seem to me that convincing a CO of why you didn't move to Australia previously would provide sufficient proof of meeting the "usually resident in Australia" criteria. Then again, in other cases, no proof was required. It's just something you should be aware of. DIBP is notoriously inconsistent in the application of their regulations.

Thanks for the insight into this situation. My strategy is like this:
I will file the application from here and once the waiting period is over and Case Officer is assigned to my application I will move to Australia with my wife (if she gets visitor visa for the same) and provide further proof (i.e rental lease australian telephone number etc etc)
I hope its not a problem if at the time of processing of application I am physically present in Australia

 

[kaps]

Got it

I know I am posting this very late but, I got the spouse visa for my wife in May 2017.
So Strategy worked