# Temporary Partner Visa Living abroad



## shavski (Mar 2, 2013)

Hi everyone. I am an Australian citizen living in Norway with Norwegian boyfriend. We are looking at moving back to Aust, and are planning to get married in Norway and apply for the offshore Partner Visa to Australia. I have a question that i can't find an answer to anywhere..... My norwegian boyfriend wants to have a good job to land once we get to Australia, and we realise that many employers won't employ a 'Temporary Resident' to be a teacher or lecturer (these are professions he is educated in). We were thinking of applying for the Temp. Partner Visa offshore, then living the 2 years of that visa IN Norway where we both have stable jobs. Neither of us have anything to go back to in Australia in terms of jobs, so i worry about sponsoring him in that period if we lived there and he was unemployed.
POINT OF THE STORY: Can you live abroad while waiting for PR to be granted????? Thankyou to anyone who can shed any light on this!!


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## CollegeGirl (Nov 10, 2012)

I'm pretty sure there is a requirement for living in Australia while you're waiting to be eligible to apply for permanent residency... something about being ordinarily resident... but I can't find the documentation anywhere. Anyone else know?


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## aussiegal123 (Feb 21, 2013)

shavski said:


> Hi everyone. I am an Australian citizen living in Norway with Norwegian boyfriend. We are looking at moving back to Aust, and are planning to get married in Norway and apply for the offshore Partner Visa to Australia. I have a question that i can't find an answer to anywhere..... My norwegian boyfriend wants to have a good job to land once we get to Australia, and we realise that many employers won't employ a 'Temporary Resident' to be a teacher or lecturer (these are professions he is educated in). We were thinking of applying for the Temp. Partner Visa offshore, then living the 2 years of that visa IN Norway where we both have stable jobs. Neither of us have anything to go back to in Australia in terms of jobs, so i worry about sponsoring him in that period if we lived there and he was unemployed.
> POINT OF THE STORY: Can you live abroad while waiting for PR to be granted????? Thankyou to anyone who can shed any light on this!!


Yes you can live abroad while waiting for PR to be granted.

_As quoted from the Partner Migration Booklet._

*Temporary Partner visa (subclasses 309)*
If you:
• lodge your Partner visa application outside Australia; and
• are outside Australia at the time you apply,
you must also be outside Australia when the temporary Partner visa (subclass 309) is granted.

If you are granted a temporary Partner visa, you will:
• have permission to travel to and from Australia until a decision is made on your permanent visa application; and
• be able to work in Australia.

*Permanent Partner visa (subclasses 100) *
If you:
• lodged your Partner visa application outside Australia; and
• were outside Australia at the time you applied,
you can be either in or outside Australia when the permanent Partner visa (subclass 100) is granted.

The partner category visa that you are granted will have a multiple re-entry facility, which means that you can leave, and return to, Australia as many times as you wish within a speciﬁed period.

• A temporary Partner visa (subclasses 309) allows you to travel until a decision is made on your permanent Partner visa.
• A permanent Partner visa (subclasses 100) allows you to travel for up to 5 years from date of grant. 
If your initial permanent Partner visa expires and you wish to continue to travel to and from Australia as an Australian permanent resident, you must obtain a Resident Return visa.

Hope this clarifies your question.


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## Nelly87 (Jul 3, 2011)

That is definitely what the booklet says, thanks for finding that and quoting it clearly Aussiegal123 

However just like CollegeGirl I have some vague memory of the partner having to be in Australia for a certain amount of time. Because it's a vague memory I realize I might be wrong... but I recall something along the lines of "having to be in Australia on the Temporary Partner Visa for a certain percentage of the time you hold the visa" (for some reason my recollection is 75% in Australia, 9 months a year). 

I don't know where that memory comes from and perhaps it is from the 820-801 route or it is simply aged and no longer valid... but I do recall telling someone about it like a year and a half ago and I can't imagine having made it up myself.

Anyway if there is no official documentation stating you can't live abroad on a Temporary Partner Visa, my memory is probably tricking me, it has been a busy year!

Isn't there like an "enter Australia before" thing if you are granted a Partner Visa when you apply offshore? I do clearly recall seeing that in someone else's thread on here - you get granted your Offshore Partner Visa and get an "enter before" date?


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## shavski (Mar 2, 2013)

Gee, you guys are fast and thorough!! Thanks so much for your imput. I am at the unfortunate point of this question almost making or breaking our relationship, so i really hope it is possible that we can live outside Australia for at least 1 of the 2 years of the Temporary Partner Visa. Still happy to hear any other imput on the topic. Thanks so much guys!


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## Adventuress (Jan 8, 2012)

Hi shavski,

It is absolutely possible for you and the applicant to be offshore during the processing of the permanent subclass 100 visa. I'm sure there are plenty of situations like yours where the time isn't quite right to move to Australia but the application nonetheless must be made.

As others have already posted, the policy allows you to be inside or outside Australia when the permanent visa is granted. Here is another information sheet that will further clarify this stage of the process for you:

Processing Arrangements for Partner (permanent) Visas:



> Where will the permanent stage of my partner visa application
> be processed?
> 
> When you applied for your Partner (Temporary) visa, you also made an application for your Partner (Permanent) visa. If you initially lodged your application at an immigration office overseas, the Partner (Permanent) visa will be processed by t he Partner (Permanent) Processing Centre (Queensland) located in the Brisbane office. If you lodged your application in Australia, the Partner (Permanent) visa will be processed by the Partner (Permanent) Processing Centre (Victoria) located in the Melbourne CBD office.
> ...





> Do I need an overseas police check?
> 
> Generally, applicants will not be required to provide a new overseas police check, *even if they have returned to a country while holding a Partner (Temporary) visa.*
> 
> There may be some circumstances where an applicant will require an overseas police clearance. Your case officer will advise you if this is required.


However, there is one very important requirement from the applicant, and that is enter Australia at least once when the temporary visa is granted, in order to activate that visa. This doesn't require a stay for any length of time, but the entrance must be made before the initial entry date specified on the visa, otherwise the visa will be forfeited and the whole process will need to be repeatd (and fees paid again) in order to receive another temporary visa.

As for you, the sponsor, being in Australia to be eligible to act in that role, this is only the case if you are an Australian permanent resident rather than an Australian citizen. Australian permanent residents must prove that they are ordinarily resident in Australia, as this is a privilege granted with a time limit placed on how long a permanent resident may stay outside Australia before ceasing to be a permanent resident. On the other hand, Australian citizens are by nature allowed to travel and reside in other countries for indefinite periods of time, and Australia recognises that many of its citizens may be dispersed outside Australia at any time, for whatever reason. As such, Australian citizens do not need to prove that they are ordinarily resident in Australia.

However, one caveat to this is that you, as the Australian citizen sponsor, must provide evidence that you will be able to support your partner in Australia until he receives a permanent visa. You need to prove that you will be able to house and feed him and give him any other support necessary during his status as a temporary resdent. I do not believe it is taken into account that you don't plan to be resident in Australia during this time (because that may easily change).

There is no requirement for temporary partner visa holders to be in Australia for any length of time in order to be eligible for a permanent visa. Where time spent in and out of Australia does become important is in applications for Resident Return Visas (allowing travel whle a permanent resident) and applications for Australian citizenship.

I hope this information is of assistance to you, and best of luck!


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## Nelly87 (Jul 3, 2011)

Adventuress said:


> Hi shavski,
> 
> It is absolutely possible for you and the applicant to be offshore during the processing of the permanent subclass 100 visa. I'm sure there are plenty of situations like yours where the time isn't quite right to move to Australia but the application nonetheless must be made.
> 
> ...


Thank you so much Adventuress, those would be the things I had in the back of my head somewhere! Great and complete advice


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## CollegeGirl (Nov 10, 2012)

That is a fabulous post Adventuress. Thank you!


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## Adventuress (Jan 8, 2012)

Always happy to be of service


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## shavski (Mar 2, 2013)

Wow, great info thanks so much!!!! You've set my mind at rest!


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## scubagirl (Feb 23, 2013)

Wow ! Thanks so Much adventuress !! 
This is one of the things that bothers us since we were thinking of working outside Australia after I got my 309 



Adventuress said:


> Hi shavski,
> 
> It is absolutely possible for you and the applicant to be offshore during the processing of the permanent subclass 100 visa. I'm sure there are plenty of situations like yours where the time isn't quite right to move to Australia but the application nonetheless must be made.
> 
> ...


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## anony (Aug 22, 2013)

*thanks! other question...*

Thanks so much everyone for the *great* answers previously!! 

I have a *very* similar question in regards to the same scenario:

Because my new husband (Australian citizen) and I (U.S. citizen) are applying for a Partner Visa INSIDE Australia... (we currently live here; I'm a U.S. citizen here on a student visa and he's an Australian citizen)....

QUESTION: Can my new husband and I live & work abroad (U.S.A.) while our temporary partner visa application is in process? Can we live and work abroad (U.S.A.) while waiting for the PR to be granted after 2 years?*

We just aren't sure that we may want to move back to Australia at some point after being in the U.S. for a bit. (Sidenote: I know that we have to do our own separate paperwork to live & work in the U.S.) My real question is wether or not the same answers apply to my situation since I will be applying for the partner visa while we are currently living INSIDE Australia (as opposed to the other person who posted the original Question, who is applying whilst already living OUTSIDE of Australia).

Thanks for any and all help you can give!!!


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## CollegeGirl (Nov 10, 2012)

No, unfortunately that changes things entirely. When applying for the 820, your Bridging Visa A allows you to remain and work in Australia. If you need to go offshore temporarily, they will grant you a Bridging Visa B for a few months at a time. But the purpose of that is not for you to live offshore - it's for temporary visits only. If you applied onshore, you have to be onshore again before they can grant it.

EDIT: And right now onshore processing time for the 820 is running at 13-15 months, FYI.


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## CollegeGirl (Nov 10, 2012)

Is there a reason you both don't just work in Australia?

Oh, I meant to add - once your temporary visa is granted, you can be anywhere in the world when your PR is granted, so you could live in the US at that point. But your PR visa is good for five years. During those five years, you can come and go as ypu please. After those five years are up, if you are outside of Australia, you will have to apply for a Return Resident Visa in order to get back in, and if you haven't lived in Australia for at least 2 out of the previous 5 years, it's difficult (if not impossible, depending on your situation) to get back in.


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## anony (Aug 22, 2013)

Thank you SO MUCH for the great and quick information!! It really helps a great deal. Our problem is that we are just unsure as to where we want to live down the line. 

But this forum is amazing, thanks again!!!


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## img68 (May 7, 2013)

*??*

Hello, so if understand well the so called permanent visa isn't permanent at all. It lasts for 5 years?
What happens after 5 years? I apply for citizenship?
And if I live outside australia for a while I can't get a resident return visa? 
Oh my God, why australia makes things so difficult?

my australian husband only after 3 years of marriage (even living outside Italy) gets full rights of citizenship in Italy and a italian Passport...


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## Whitney (Jan 4, 2013)

img68 said:


> Hello, so if understand well the so called permanent visa isn't permanent at all. It lasts for 5 years?
> What happens after 5 years? I apply for citizenship?
> And if I live outside australia for a while I can't get a resident return visa?
> Oh my God, why australia makes things so difficult?
> ...


A permanent resident visa allows you to permanently reside in Australia but you are not guaranteed indefinite reentry. If you wish to travel outside of Australia outside of the 5 year period you need to reapply. More info here.

Also, after just four years of residence in Australia (at least one holding a permanent resident visa) you are eligible to apply for citizenship.


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## img68 (May 7, 2013)

Whitney said:


> A permanent resident visa allows you to permanently reside in Australia but you are not guaranteed indefinite reentry. If you wish to travel outside of Australia outside of the 5 year period you need to reapply. More info here.
> 
> Also, after just four years of residence in Australia (at least one holding a permanent resident visa) you are eligible to apply for citizenship.


Thank you, I do hope to be able to stay in australia for at least 4 years, enough to get the citizenship with the passport with the kanguroos and the emu.


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## aussiemama (Aug 25, 2013)

*support of sponsor*

does the sponsor have to be in australia while application is processing? also if sponsor is not working but has money in the bank how much is sufficient enough to sponsor partner?


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## CollegeGirl (Nov 10, 2012)

aussiemama said:


> does the sponsor have to be in australia while application is processing? also if sponsor is not working but has money in the bank how much is sufficient enough to sponsor partner?


If the sponsor is an Australian *citizen*, no. The sponsor can be anywhere in the world while the application is processing. If the sponsor is a permanent resident instead, though, they must be able to demonstrate that they are "usually resident" in Australia, which is generally defined as having lived there for the last two years.

There is no set amount of money the sponsor must have, but you must be able to detail how you plan to support yourselves if your visa is granted. If your parents would have the money to help out, you can get a stat dec from them saying they'd be willing to support you should you need it, and provide proof of their income as evidence.


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## aussiemama (Aug 25, 2013)

ok that information helps thank you so much


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