QLD Spousal Visa queries, apply while living overseas?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

mkr

Well-Known Member
11 January 2016
25
1
124
I am hoping for advice as to whether we are on the right path, and will provide an overview to help put things in context.

Myself:
  • Aust citizen.
  • Divorced, children of prior marriage

  • Living in USA as an intra-company transfer, resident in around Aug 17. In the USA, I hold an L-1 Visa. (Intra-company sponsored transfer, non immigrant visa)
  • Currently a non-tax resident of Australia

  • Maintain a home in QLD, where I keep most of my personal effects, but at the moment I mainly use this for occasional holidays, while residing in the USA.

  • I expect to return from the USA, to Australia, in about 2 years, but that is not certain.

Partner

  • PNG Citizen

  • Never married, no children

  • Commenced our relationship in early 2017.

  • Holds visitors visa’s to both USA (class B2) and Australia, in order to spend time and travel together.
General Info

  • We both consider our relationship exclusive and committed, since prior to Jun 17. To date we have:
    • Supported each other with daily communication, even while apart via Phonecall, message, email.

    • Supported day to day living needs while together and while apart.

    • Have personally met each others parents and families

    • Joint bank account.
    • Nominee on life insurance policy.
    • Beneficiary of my US bank life-insurance guarantee.
    • Neither of us have any criminal history, nor had prior visas cancelled, deportations or bankruptcies.

    • Introduced and accepted by my colleagues and friends in both USA and Australia.
Here are my questions:

  • From what I have read I think a ‘Spousal’ visa affords temporary residency, and application ‘out of country’ is the right way to go? Our long term goal is to be able to live and share our lives together. Is this the most straightforward path, based on the above? Do not intend to legally marry in the near future.

  • Assuming I keep good documentation of all of the above, are we on track in building a good portfolio of information, that will effectively demonstrate the validity of our relationship?

  • Is there any harm in commencing an application later this year, even though our date for return to Australia is not certain? Can my partner submit her application while visiting and located in the USA?

  • If her Visa is issued or valid some months before we come back to Australia permanently (eg: during 2019?),is there any harm or consequence in that?

  • During the processing time, is it possible to still hold an Australian Visitors visa, allowing travel to, or through (in transit) to Australia?