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Questions about the Partner Visa (Subclass 100)

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(@fustylugstowlinson)
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Joined: 2 months ago
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Hi everyone,

My wife comes from Britain, and I have both Australian and British citizenship. My wife has been granted a partner visa subclass (100). Since we've been together for a long time, this visa was given to her right away when the visa was approved (we didn't have to wait 2 years on the temporary visa).

The visa was granted on February XX, 2023. The date she has to enter Australia by is February XX, 2024. The date she must arrive before is February XX, 2028.

We've just recently used the visa for a vacation to Australia before the first entry date. We've now gone back to the UK and are making plans to move to Australia. I wanted to make sure I understand a couple of things correctly.

1.) Since we've used the visa, does this mean we now have until February XX, 2028 (the date she must arrive before) to move? I want to be certain that if we don't travel to Australia at all and then move in, let's say, late 2027, we won't have any problems entering the country at that time.

2.) Let's say we wait until late 2027 to move. My wife's travel facility will run out on February XX, 2028. Do you think we'll have any trouble renewing the travel facility at that point (like getting a resident return visa) considering we won't have been living in Australia for very long? Has anyone been in a similar situation who can share their experience? We don't want to be limited in our travel since we have family outside of Australia. If there might be problems with this, we may plan to move sooner. I read that we need to live in Australia for at least 2 years to be eligible for the resident return visa, so moving in 2026 is something we're also thinking about.

Thanks,

Azzie


   
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(@ams-migrate)
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Joined: 2 months ago
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Posted by: @fustylugstowlinson

1.) Since we've used the visa, does this mean we now have until February XX, 2028 (the date she must arrive before) to move?

Yes, that's right.

Posted by: @fustylugstowlinson

2.) Let's say we wait until late 2027 to move. My wife's travel facility will run out on February XX, 2028. Do you think we'll have any trouble renewing the travel facility at that point (like getting a resident return visa) considering we won't have been living in Australia for very long?

The RRV won't be given to her automatically because she won't have lived in Australia long enough to meet the requirements. However, if you have completely moved to Australia, set up a home (either renting or buying), both have jobs and bank accounts, and things like that, she will be able to show that she has strong connections to Australia. In that case, she shouldn't have too much trouble getting the RRV. Since it will be up to the discretion of the immigration officials, it will take more time to process her application. So, it would be smart to give yourselves plenty of time when you apply for the RRV.


   
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(@redflute)
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Joined: 2 months ago
Posts: 52
 

Having a husband or wife who is Australian would probably be more than enough to show strong connections to the country. But it's hard to say what the immigration laws and regulations might be like 3 or 4 years from now.


   
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