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Discussion Starter · #1 ·
Dear All

My wife has submitted her spouse visa application in Australia and awaiting for decision, but then she was being offered a on-job training in Australia which potentially able to get a promotion before her internal job transfer to UK..

The question i would like to ask is that, if she granted for an initial 33 months spouse visa, take the BRP and return to Australia finishes her training (probably take more than 90 days) and then move to the UK permanently afterwards:

1) Will my wife still be accepted to extend her initial visa in the UK? or will she need to reapply for a fresh application from Australia instead?
2) Should this act on staying in Australia potentially affect largely when she applies for new application / extending her visa?
3) if she were qualify for extend the initial visa, what category should she tick on the FLR(M) Question 2.1 - 2.3?

I would be very much appreciated for any advice and suggestions, thanks and i look forward to hearing from you.

Kind Regards
 

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Probably not for 90 days out of 30 months she needs to be in UK. So probably she can apply for renewal, i.e. for the second period of 30 months while in UK.
 

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Discussion Starter · #3 ·
Probably not for 90 days out of 30 months she needs to be in UK. So probably she can apply for renewal, i.e. for the second period of 30 months while in UK.
Thanks Joppa

What if she is going to be out of the UK more than 90days? e.g. 6 months in Australia then move to UK permanently for the rest of the initial visa. will she still be eligible to extend the visa?
 

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There is no hard-and-fast rule about it. It just says that her absence must be in keeping with the purpose of her visa, which is to live permanently in UK with her spouse. They tend to regard absence lasting more than half the time, 15 months out of 30 months as casting doubt on observing the residence rule, but shorter period may raise suspicions. It depends on the purpose of her absence, and whether her partner has travelled with her.
 

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Discussion Starter · #5 ·
There is no hard-and-fast rule about it. It just says that her absence must be in keeping with the purpose of her visa, which is to live permanently in UK with her spouse. They tend to regard absence lasting more than half the time, 15 months out of 30 months as casting doubt on observing the residence rule, but shorter period may raise suspicions. It depends on the purpose of her absence, and whether her partner has travelled with her.
Thanks Joppa

I will most likely be visiting my wife for vacations instead of staying with her during the training period...So from my understanding, if my wife indeed staying in Australia and continue her training for 6 months out of 30 months, it will always raise suspicious when extending her initial visa...

Finally, if she is going to be away for 6 - 8 months, on the current FLR(M) application, which category (Question 2.1-2.3) will my wife be selecting when she extends her visa?
 
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