# Ask: PR permanent partner form 1002



## Addy (Apr 8, 2012)

I was granted an extended eligibility class TK subclass 445 visa (child dependent 445) last week. It is said that I must be in Australia to lodge a permanent partner form 1002 to obtain PR visa.*

Nonetheless, I want to know that while my mom PR visa and mine are being decided, can I go outside Australia? If so, how long can I stay outside Australia?

Can I wait a year in my living-now country to complete my study first, I go to Australia and lodge my PR visa then? If so, will this affect both my mom PR and mine?

How long does the visa process take?

More info: my mom has lived in Aus long enough to apply for PR visa. So she lodged her application on August last year. Her PR visa status isn't yet completely successful in order to wait for my application.

thank you


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## Guest (Apr 8, 2012)

No, you must go to Australia and lodge your PR visa before your mum is granted hers. If you do not lodge it before it is granted you will then be unable to lodge and will not have a valid visa. When did your mum first apply for her spouse visa?
Once lodged you can go offshore but must let the case officer know so they can ask you to return for it to be granted. If you do not return for the grant again you will have no valid visa. Onshore second stage takes about 7 months. 

Your mums visa will be ok whatever you do so long as she is complying with its conditions. 

Once you have your PR visa you can leave again as the visa is valid for travel for 5 years.


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## Addy (Apr 8, 2012)

_shel said:


> No, you must go to Australia and lodge your PR visa before your mum is granted hers. If you do not lodge it before it is granted you will then be unable to lodge and will not have a valid visa. When did your mum first apply for her spouse visa?
> Once lodged you can go offshore but must let the case officer know so they can ask you to return for it to be granted. If you do not return for the grant again you will have no valid visa. Onshore second stage takes about 7 months.
> 
> Your mums visa will be ok whatever you do so long as she is complying with its conditions.
> ...


Idk but maybe on august 3 years ago because she applied for changing to PR visa on August last year. Is this what u meant?

So I go to Aus mow to lodge my application, then i go back to Thailand on late May to finish my study (my school starts on June, one year left before graduation) whenever Immi wants me to go back to Aus, I go. Do I get it right?

Should I tell Immi truthfully that I need to go back to Thailand to complete my study while my PR is in process?


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## Guest (Apr 9, 2012)

She already has her spouse PR visa? If yes then you are no longer eligible to apply to be added to her spouse visa to get PR of your own. If it has yet to be granted you need to move fast to get the form to them and get yourself to Australia as it could be granted any day as it has been 8 months since she applied. Given it could be granted any day I wouldn't risk going offshore until it is granted or you may miss the grant and be without a visa. You could go and finish your studies but you could only be gone a week and be required to go back missing school and incuring the costs of the flights. Are you able to defer your studies? Because as soon as it is granted you could then leave?


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## Addy (Apr 8, 2012)

No, her PR visa is not granted yet. Will my mom's PR visa be granted without my application? Don't hers need to wait for me to be in Australia and lodge the PR application? 

You said the visa process takes about 7 months. Do you mean... 7 months sinced my mom lodged her application....or.....will take 7 months when I lodge the application?


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## Guest (Apr 10, 2012)

No they will not wait for you to lodge your application. They do not need to wait for you because they are two separate applications until you lodge the application to be added to her temporary spouse visa. 

They will continue to process your moms application as normal and it should take about 7-9 months from when she sent the additional information asked for to her Case Officer back in August. So it could be any day now. 

When they are ready to grant her PR visa they will do so regardless of if you have lodged your application or are in Australia. Which means if you do not do it soon you will have no visa but your mom will have her visa.


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## yso (Sep 11, 2012)

hi shel! i was hoping you could help us, my husband is in australia and holding a provisional subclass309 dependent child, her mom was holding a subclass309, how do my husband will get his PR? what applications he need to pass, please help we really dont now what to do, Ive read some forums others says PR is automatically granted after 2yrs, other says his mom need to apply for PR as well as the, if so what application he should do?


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## Guest (Sep 11, 2012)

Your husband is Australia as dependent on his mothers 309 visa? Where are you based? And how is it possible he was classed as his mothers dependent if he was married to you?

But he does nothing, he will get PR when his mother gets PR. His mum will be sent documents to fill in approx 2 years after she applied for her 309. If her relationship is ongoing and she can prove it she gets PR, as do her dependents. But I'm afraid your husband is no longer her dependent if he is married to you so I suggest he speaks to a registered migration agent as soon as possible.


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## yso (Sep 11, 2012)

_shel said:


> Your husband is Australia as dependent on his mothers 309 visa? Where are you based? And how is it possible he was classed as his mothers dependent if he was married to you?
> 
> But he does nothing, he will get PR when his mother gets PR. His mum will be sent documents to fill in approx 2 years after she applied for her 309. If her relationship is ongoing and she can prove it she gets PR, as do her dependents. But I'm afraid your husband is no longer her dependent if he is married to you so I suggest he speaks to a registered migration agent as soon as possible.


@shel no we're not married,  that's why her mother gets him as a dependant, so he dont need to apply for any applications to be a PR? thank you so much!


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## yso (Sep 11, 2012)

Im from Philippines, he dont need to submit the 1002 form?


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## Guest (Sep 11, 2012)

You call him your husband? Are you in a relationship or not?


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## yso (Sep 11, 2012)

_shel said:


> You call him your husband? Are you in a relationship or not?


Yes we have 2kids and were both young thats y her mom still got him as dependent.
We are in a relationship for 8yrs.


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## Guest (Sep 11, 2012)

I'm afraid he needs to speak to a registered migration agent asap. If he is in a relationship and has children he is NOT dependent on his mother even if he is young. It looks like they have comitted visa fraud by claiming he is. And you do realise he would not be able to sponsor you or the children as their lies would be revealed as soon as he did and their visas would be at risk. 

He needs to pay for professional advice asap.


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## yso (Sep 11, 2012)

ooh, i see, i'll tell them, thank you for your answers.


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