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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I WANT TO RETURN TO AUSTRALIA. MY WIFE WAS A PERMANANENT

Customer Question

I WANT TO RETURN TO AUSTRALIA. MY WIFE WAS A PERMANANENT RESIDENT HOWEVER IT HAS NOW EXPIRED. SHE IS ON AN AUSTRALIAN DISABILITY PENSION AND WE ARE SEPERATED. SHE LIVES IN IRELAND AND I LIVE IN MALTA. WE ARE THINKING OF RECONCILING AND COMING BACK TO AUSTRALIA TO LIVE PERMANENTLY. WE INTEND TO WAIT TWO YEARS AFTER OUR RECONCILITION BEFORE APPLYING. WHAT IS THE BEST WAY TO GO ABOUT THIS.? THANKS AND REGARDS, ***** *****
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are you an Australian Citizen?

Customer: replied 1 year ago.
I WAS BORN IN AUSTRALIA AND HAVE RESIDED THERE FOR NEARLY THIRTY YEARS. I WAS MARRIED IN AUSTRALIA TO A MALTESE CITIZEN, WE HAD A BABY IN 1988 IN AUSTRALIA AND SHE GOT SICK WITH SCHIZOPHRENIC SYPMTOMS AND ALSO OBSESSIVE COMPULSIVE DISORDER. THIS CONTINOUS SICKNESS FORCED US TO MOVE TO MALTA SO HER PARENTS COULD HELP US HOWEVER BECAUSE OF THIS SAME SICKNESS WE WERE FORCED INTO A DE FACTO SEPERATION SINCE 1995. SOCIAL SECURITY IN AUSTRALIA KNOW THIS.
Customer: replied 1 year ago.
WE ARE BOTH VERY DEPRESSED AND LIVING OUR TWILIGHT YEARS TOGETHER IN AUSTRALIA IS OUR DREAM.
Expert:  Leon replied 1 year ago.

Good Evening

So she has a valid Spouse visa

Customer: replied 1 year ago.
SHE HAS A VALID SPOUSE VISA HOWEVER THE PERMANENT RESIDENT RETURN VISA HAS EXPIRED. WHEN SHE FIRST CAME TO AUSTRALIA IT WAS UNDER A PROPOSED SPOUSE VISA AND WE HAD TO MARRY WITHIN ON MONTH OF HER ARRIVAL, WHICH WE DID, SO i AM NOT QUITE SURE HOW THIS ALL PANS OUT LEGALLY.
Expert:  Leon replied 1 year ago.

Good Evening

She can apply for a new one but if she has been away fro more than 2 years she has rto show her ites ot australia

https://www.border.gov.au/Trav/Visa-1/155-/Resident-Return-visa-(subclasses-155-and-157)-document-checklist

The list above is detailed.

She has not lost her PR but to come back she has to show her connection to Australia. You should get assistance from a Migration expert to help you do this.

I am not that person though.

But this is what you have to do and once approved she can come back

Customer: replied 1 year ago.
Hi Leon,
The last part of your previous answer is a bit garbled. Can you resend please.
Do you think that our period of seperation would be a game stopper. It shouldn't as it was mainly due to her illness and only since she has been on new medication and has improved dramaticallly that we have thought about reconciliation. If we turned up in Australia, as my wife, could she be removed, especially seeing I am her carer as well.
Expert:  Leon replied 1 year ago.

Good Afternoon

Here it is again

She can apply for a new one, but if she has been away for more than 2 years she has to show her ties to australia

https://www.border.gov.au/Trav/Visa-1/155-/Resident-Return-visa-(subclasses-155-and-157)-document-checklist

The list above is detailed.

She has not lost her PR, but to come back she has to show her connection to Australia to be granted the return visa. You should get assistance from a Migration expert to help you do this.

I am not that person though.

But this is what you have to do and once approved she can come back.

No you have reconciled and the marriage continues.

She should not return until the return visa is approved