# Married an Australian



## Bryan Dickson (Feb 21, 2009)

My wife is a US Citizen and I am an Australian Citizen. We have been married for four years and next year are planning to retire back to Brisbane.

If any expat US Citizens in Australia have been in a similar position, I would be grateful to hear their experiences in applying for the necessary spousal visa.

As I understand it, my wife has to apply for the visa in the US, BEFORE entry to Australia. Is this true and is this the only way? Also how long does the visa, once issued, remain valid. The reason I ask, is that we are uncertain exactly when we would be returning to Australia in 2010.

Any answers greatly appreciated.


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## amaslam (Sep 25, 2008)

Hi Bryan:

I am a US Citizen and my wife is an AU Citizen. I didn't apply for a spouse visa but I read up on it.

Your wife can be inside or outside of AU when you apply (you just apply for a different visa subclass depending on whether she is in AU or not at the time you apply).

Your wife can enter into AU with you even while the visa is being processed.

Here are the important links for you to read:
Inside AU with your wife when you apply:
Spouse Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

Outside AU with your wife when you apply:
Spouse Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

When reading both those links here is the bit that I think you want to know most about:

820/801:
Spouse temporary visa (subclass 820)
* remain in Australia with your spouse, until a decision is made regarding your permanent visa

309/100:
Spouse temporary visa (subclass 309)
* you are permitted to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa

Essentially the visas go like this:
1. Apply
2. Get granted a Temp visa (820 or 309)
3. After 2 years apply and get the PR visa (801 or 100)

The (2) yr period is in place so people don't abuse the process and do quickie marriages for purpose of getting PR and then divorce.

***
You can avoid the (2) yr temp visa if you've been married/de-facto for 5 yrs or married/de-facto (2) yrs with kids. When you read up on the links they list all the conditions. 

***
Feel free to contact a migration agent if there are doubts or confusion or you want an agent guiding you through the application.

Good luck 



Bryan Dickson said:


> My wife is a US Citizen and I am an Australian Citizen. We have been married for four years and next year are planning to retire back to Brisbane.
> 
> If any expat US Citizens in Australia have been in a similar position, I would be grateful to hear their experiences in applying for the necessary spousal visa.
> 
> ...


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## interplanetjanet (Jan 7, 2009)

Hi Bryan,

My husband is an Australian citizen, and I'm a US citizen. I applied for my visa while still in the US, and I recommend doing so. There are FAR fewer people applying for Australian permanent residence in the US than there are in Australia, so her visa will be processed MUCH faster in the US. The people at the Australian embassy in Washington are GREAT. I received an email from my immigration officer less than two weeks after submitting my applicaiton, and whenever I emailed him with questions, he replied right away (a couple times within 5 minutes!). If your wife applies while still in the US, then she MUST be in the US at the time the visa is issued. That shouldn't be a problem, however, since they process applications very quickly.

My situation might be a bit unique, because I only had a few months between applying and when my husband needed to arrive for his job. I made sure to impress upon my immigration agent how urgent it was that my visa was processed quickly. I submitted my application the last week in May 2008, and my visa was granted the first week in July. As I said, they're very quick!

Since you've been married for more than two years, she should automatically be granted permanent residence without having to go through the temporary visa first (oops, I just read the above post and remembered that yes, you must have a child together for the two year exception!). As for how soon she must arrive after her visa is granted, I'm not exactly sure. Have her call the embassy and ask. They're very helpful, and it's actually very easy to get through to someone who can answer your questions competently. I just looked at my visa, which again was applied for in May 2008 and granted July 2008, and it says two things regarding entry into Australia. It says 'INITIAL ENTRY BY 23MAY09', but it also says 'MUST NOT ARRIVE AFTER 02JUL13'. I'm not sure how to interpret that. It's not clear whether you need to arrive within a year of applying or 15 years of the visa being granted!

We were also able to get our son's Australian citizenship by descent and his passport within the same time frame. Just thought I'd mention that in case you have kids that still don't have their Aussie citizenship. Otherwise they'd have to be added on to your wife's PR visa application.

I hope that info helps!


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## Bryan Dickson (Feb 21, 2009)

Thanks for all the information from both Amaslam and Interplanetjanet - really great job and lots of info.

Thanks again

Bryan


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