FirstWorldProblems Posted August 29, 2020 Share Posted August 29, 2020 Hi, I am a Brit married to an Australian. We have two kids under 16 who have dual citizenship. We married in 2001 and have been living in the U.K. since 2002. It has long been our plan to relocate back to Australia in 2026 when the youngest is ready for university We are currently working on our will (as in Last Will and Testament) and that made me conscious that if my wife were to pass away before 2026, I might have no basis to obtain a visa. I think that the kids would really want to be near to their family if such an awful thing were to happen. If I understand correctly, once a partner visa has been granted you have 12 months to enter Australia else the visa will lapse. I have been trying to determine (via fruitless google searching) if I could enter on a holiday and then return to the UK and the visa remain valid until we are ready to move permanently. Does anyone know if that is feasible? It’s a bit of a morbid topic, but like making a will, it seems prudent to plan ahead. thanks in advance. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 29, 2020 Share Posted August 29, 2020 Yes. And that is actually the most common way it happens. Once your visa is granted, you have 12 months from the date of police or medical checks to make first entry (which ever was the earliest). Then, you have five years from the date of the grant to make the move. However do note, that it doesn’t reset when you make the move. If you moved in year 5 you would need a resident return visa to leave and re enter the country. If you are thinking of 2026, then I would apply now as it is taking a year to two to process. Quote Link to comment Share on other sites More sharing options...
FirstWorldProblems Posted August 29, 2020 Author Share Posted August 29, 2020 Thank you so much for taking the time to reply. It’s much appreciated. Quote Link to comment Share on other sites More sharing options...
Quoll Posted August 30, 2020 Share Posted August 30, 2020 I would have thought that if anything happened to your wife, you would be your kids’ family and they’d be wanting to stay with you and your family wouldn’t they? But yes, you’d have 5 years to enter once you’ve validated within the year of issue. 1 Quote Link to comment Share on other sites More sharing options...
FirstWorldProblems Posted August 30, 2020 Author Share Posted August 30, 2020 17 minutes ago, Quoll said: I would have thought that if anything happened to your wife, you would be your kids’ family and they’d be wanting to stay with you and your family wouldn’t they? But yes, you’d have 5 years to enter once you’ve validated within the year of issue. With me, yes. But I don’t have much family to speak of, whereas the wife has a large family. Very nurturing and the kids have lots of cousins. Our annual visits and their grandmother spending three months with us here each year have resulted in a very close set of relationships. Impossible to predict really but I’d want them to have options in such a circumstance. Quote Link to comment Share on other sites More sharing options...
FirstWorldProblems Posted August 30, 2020 Author Share Posted August 30, 2020 Based on your guys advice, I decided to begin my application this morning! I came across the following guidance on the official website "Do not arrange to travel to Australia until we let you know, in writing, that we have granted you the subclass 309 visa" Do you happen to know if that also excludes a regular tourist visit (subclass 600)? Thanks again for being so generous with your time. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 30, 2020 Share Posted August 30, 2020 Good that you’re getting wills sorted out. It’s some years off yet but when you do make the move to Australia you will need to do new ones as I believe U.K. wills aren’t recognised there. Quote Link to comment Share on other sites More sharing options...
FirstWorldProblems Posted August 30, 2020 Author Share Posted August 30, 2020 2 minutes ago, Tulip1 said: Good that you’re getting wills sorted out. It’s some years off yet but when you do make the move to Australia you will need to do new ones as I believe U.K. wills aren’t recognised there. Oh that's interesting - I didn't know that! I do understand that there is no inheritance tax though - that's pretty appealing I must say.... Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 30, 2020 Share Posted August 30, 2020 54 minutes ago, FirstWorldProblems said: Based on your guys advice, I decided to begin my application this morning! I came across the following guidance on the official website "Do not arrange to travel to Australia until we let you know, in writing, that we have granted you the subclass 309 visa" Do you happen to know if that also excludes a regular tourist visit (subclass 600)? Thanks again for being so generous with your time. You would need an extremely convincing reason to get a tourist visa right now. Why do you need one? 1 Quote Link to comment Share on other sites More sharing options...
FirstWorldProblems Posted August 30, 2020 Author Share Posted August 30, 2020 I don't. But I'd hope the borders were back open by middle of 2021. Assuming I lodge the application now, and it doesn't get granted until late 2021 or early 2022, that could be a problem. However since posting this message I was able to find confirmation on immi.homeaffairs that you can enter as a tourist for a holiday whilst waiting. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 30, 2020 Share Posted August 30, 2020 14 minutes ago, FirstWorldProblems said: I don't. But I'd hope the borders were back open by middle of 2021. Assuming I lodge the application now, and it doesn't get granted until late 2021 or early 2022, that could be a problem. However since posting this message I was able to find confirmation on immi.homeaffairs that you can enter as a tourist for a holiday whilst waiting. You can in normal times but holidays will only resume when the borders open. Hopefully that will be next year but who knows. Quote Link to comment Share on other sites More sharing options...
Quoll Posted August 30, 2020 Share Posted August 30, 2020 Has your wife got her British citizenship? You should do that while waiting if she hasn’t. Never know when you might need it. Quote Link to comment Share on other sites More sharing options...
paulhand Posted August 30, 2020 Share Posted August 30, 2020 8 hours ago, Marisawright said: You would need an extremely convincing reason to get a tourist visa right now. Why do you need one? 7 hours ago, Tulip1 said: You can in normal times but holidays will only resume when the borders open. Hopefully that will be next year but who knows. Being the 20-odd year spouse of an Australian citizen and parent of 2 Australian kids should be sufficient justification for the granting of a visitor visa and a travel exemption, even in the current environment. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 30, 2020 Share Posted August 30, 2020 (edited) 4 hours ago, paulhand said: Being the 20-odd year spouse of an Australian citizen and parent of 2 Australian kids should be sufficient justification for the granting of a visitor visa and a travel exemption, even in the current environment. If the stated purpose was just for a short holiday though? Edited August 30, 2020 by Marisawright Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 30, 2020 Share Posted August 30, 2020 42 minutes ago, Marisawright said: If the stated purpose was just for a short holiday though? And that would mean 2 week quarantine in Oz and 2 weeks on return to the U.K. would be an expensive holiday and a long time off work/school. Quote Link to comment Share on other sites More sharing options...
paulhand Posted August 31, 2020 Share Posted August 31, 2020 9 hours ago, Marisawright said: If the stated purpose was just for a short holiday though? ‘Short holiday’ would, indeed, probably be the wrong wording (or motivation) ... Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted September 4, 2020 Share Posted September 4, 2020 On 31/08/2020 at 00:07, Tulip1 said: And that would mean 2 week quarantine in Oz and 2 weeks on return to the U.K. would be an expensive holiday and a long time off work/school. Australia is not on the quarantine list in the UK. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted September 4, 2020 Share Posted September 4, 2020 1 hour ago, Jon the Hat said: Australia is not on the quarantine list in the UK. No but many of the countries you transit through are so you can’t go by Australia, you need to look at the stop over country too. Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted September 4, 2020 Share Posted September 4, 2020 1 hour ago, Tulip1 said: No but many of the countries you transit through are so you can’t go by Australia, you need to look at the stop over country too. That's a very good point! Need to transit via Hong Kong, Brunei or indeed direct from Perth. Narrows the options down rather. Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted September 5, 2020 Share Posted September 5, 2020 On 30/08/2020 at 18:17, Tulip1 said: Good that you’re getting wills sorted out. It’s some years off yet but when you do make the move to Australia you will need to do new ones as I believe U.K. wills aren’t recognised there. I think you'll find they are ..but an additional legal process might be needed in Australia called Resealing the Grant of Probate. Best regards. 1 Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted September 5, 2020 Share Posted September 5, 2020 On 29/08/2020 at 22:42, VERYSTORMY said: Yes. And that is actually the most common way it happens. Once your visa is granted, you have 12 months from the date of police or medical checks to make first entry (which ever was the earliest). Then, you have five years from the date of the grant to make the move. However do note, that it doesn’t reset when you make the move. If you moved in year 5 you would need a resident return visa to leave and re enter the country. If you are thinking of 2026, then I would apply now as it is taking a year to two to process. The Department is presently taking a light touch approach to the required entry date due to COVID-19 restrictions on arrival. Best regards. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted September 5, 2020 Share Posted September 5, 2020 3 hours ago, Alan Collett said: I think you'll find they are ..but an additional legal process might be needed in Australia called Resealing the Grant of Probate. Best regards. That’s good to know Alan thank you. I’ve seen it said several times on here that’s not the case....just proof that answers on here are so often wrong albeit said with the best intention. 1 Quote Link to comment Share on other sites More sharing options...
ramot Posted September 5, 2020 Share Posted September 5, 2020 3 minutes ago, Tulip1 said: That’s good to know Alan thank you. I’ve seen it said several times on here that’s not the case....just proof that answers on here are so often wrong albeit said with the best intention. As a long time member of PIO, i have commented quite a few times, that however well intentioned the advice given is, I have lost count of the incorrect advice given on visa etc matters, by well intentioned amateurs. 1 Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted September 5, 2020 Share Posted September 5, 2020 As a rule if an issue is important or pivotal and there's a risk of relatively significant financial loss if you get it wrong - pay for professional advice, or accept you might lose your money. IMHO! Best regards. 2 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted September 5, 2020 Share Posted September 5, 2020 4 hours ago, Alan Collett said: The Department is presently taking a light touch approach to the required entry date due to COVID-19 restrictions on arrival. Best regards. I know they had issued a letter to 189 and 190 visa holders but I thought partner visas got nothing Quote Link to comment Share on other sites More sharing options...
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