Victoria Cross recipient Ben Roberts-Smith had planned to move to Spain with his partner to pursue business opportunities before he was charged with war crimes.

Roberts-Smith could not continue 'to put his life on hold, living in limbo' and chose Spain in part because some of his former special forces colleagues had moved there and liked it. 

War crimes Investigators have expressed fears Roberts-Smith intended to relocate to Singapore, Spain or the United States before his arrest earlier this month.

Roberts-Smith had booked a flight through Singapore for April 11, sought immigration advice about moving to Spain and held a visa waiver to visit the US, according to court documents.

The Office of the Special Investigator (OSI) could not determine Roberts-Smith's supposed destination and had considered the possibility he was attempting to disguise his travel plans.

The 47-year-old is charged with five counts of 'war crime - murder' allegedly committed while serving with the Special Air Service Regiment in Afghanistan between 2009 and 2012.

Roberts-Smith's partner Sarah Matulin wrote in an affidavit that the couple had begun discussing moving overseas several years ago 'to try to create some normalcy in our lives'.

'Ben and I had agreed that neither his life, nor mine, could continue to remain on pause in Australia waiting for the [OSI] to charge him,' the 34-year-old said.

'We had originally looked at places in East Asia and we were trying to find somewhere that we could afford long-term and build a business.'

Ms Matulin said Roberts-Smith had submitted several inquiries about online listings of businesses for sale in Spain in the fitness and wellness industry by October 20 last year.

The following day the couple, who have been in a relationship for five and a half years, started the visa application process to live and work in Spain. 

'We had retained a lawyer from Spain to assist us with the application for visas and for assistance in acquiring a business in Spain,' Ms Matulin wrote. 

'Both Ben and I had discussed the planned move to Spain openly over our mobile phones and with few friends and family. It was not a secret that we were moving to Spain.' 

Roberts-Smith's solicitor Karen Espiner revealed in her own affidavit that her client had informed her in February this year he and Ms Matulin would be moving to Spain.

'He told me that after considering it for some time he and Sarah had decided to move to Spain to pursue some business opportunities and that some of his former special forces colleagues lived there and enjoyed,' she wrote.

Ms Espiner said that Roberts-Smith would have been willing to return to Australia if he was going to be charged with war crimes.

'Mr Roberts-Smith knew that if the OSI contacted him, through me, notifying of an intention to criminally charge him, he would be required to return to Australia for this to occur,' she wrote.

'He told me that he had absolutely no difficulty doing this and that he would immediately return to Australia without hesitation but said he could not continue to put his life on hold, living in limbo, just sitting around waiting to be charged.'  

Ms Espiner said Roberts-Smith and Ms Matulin had booked return flights from Australia to Spain via Singapore, with Ms Matulin flying out the day after him.

Roberts-Smith had staggered the bookings that way so that if he was prevented from leaving Australia, Ms Matulin could cancel or change her flight and they might only forfeit one airfare.

Return flights had been booked to coincide with the end of term two school holidays.

Ms Espiner said she and Roberts-Smith had discussed whether to notify the OSI about his pending move but given there were no restrictions on his ability to travel decided he was under no obligation to do so.

'Instead, we decided we would wait until he and Sarah were settled in Spain and were sure that they were going to stay, before contacting OSI to again reiterate the offer for an arrest by appointment be arranged through me, if necessary,' she wrote. 

Judge Susan Horan released a raft of documents to the media on Thursday when the case came before Sydney's Downing Centre Local Court. 

Stephen McIntrye, the senior investigating officer for the OSI's Operation Emerald-Argon, revealed Roberts-Smith's alleged plans to move overseas in a letter tendered during his successful bail application last week.

Mr McIntyre wrote that Roberts-Smith had been aware of the OSI's criminal investigation since before December 3 last year when it requested to interview him about alleged unlawful killings.

'At that time, Roberts-Smith was advised that these matters would be referred to the CDPP (Commonwealth Director of Public Prosecutions) early in 2026 for consideration of charges,' he said.

'OSI has received information that Roberts-Smith has advised family that he intends to travel overseas for the purpose of relocating to Singapore to reside and to establish a business venture.

'OSI has no information regarding that business venture.'

Qantas had advised the OSI that Roberts-Smith was booked on depart Australia on QF053 for Singapore on April 11, with a return booking on QF054 on June 30.

Ms Matulin was also booked to depart Australia on April 12 with a return ticket valid until June 30.

Mr McIntyre said 'lawfully intercepted information' received on November 4 last year revealing Roberts-Smith was seeking advice from a financial advisor about relocating to Europe.

Roberts-Smith had allegedly inquired whether his company RS Group could employ Ms Matulin and pay her a wage in support of a visa application to travel to Spain.

'According to the conversation, the visa would allow Roberts-Smith to travel to Spain as a spouse and work in Spain,' Mr McIntyre said.

'The objective of the arrangement was to have Spanish authorities believe that Mr Roberts-Smith's partner had an ongoing source of employment and income.'

Mr McIntyre said further 'lawfully intercepted information' received on December 3 showed Roberts-Smith had paid €3,320 ($5,442) to a Spanish firm for immigration law advice.

The OSI had identified that Roberts-Smith and Ms Matulin had been fingerprinted by Queensland police in February, stating they were doing so to travel to the United States.

'I am aware that several USA visas require biometrics such as fingerprinting to be undertaken by applicants,' Mr McIntyre said.

'OSI has requested information from USA Federal Bureau of Investigation and Department of Homeland Security for information they may hold regarding applications by Roberts-Smith and his partner for visas or citizenships.'

The OSI had further learnt Roberts-Smith and Ms Matulin both hold approved Electronic System for Travel Authorizations (ESTAs) to visit the United States for 90 days or less.

'Fingerprints are not required for Australian citizens seeking routine visitor travel to USA pursuant to ESTA visa waivers,' Mr McIntyre said.

'Based on the above, the OSI holds concerns that Roberts-Smith is attempting to relocate to reside in a jurisdiction outside Australia.

'The ultimate destination and duration of this relocation is unclear as Roberts-Smith's booked flights and family suggest Singapore whilst the alternative destinations of Spain or USA have been identified during OSI enquiries.

'The possibility that Roberts-Smith has intended to disguise his travel plans cannot be excluded.'

Roberts-Smith's barrister Slade Howell addressed the CCPP's concerns about his client moving overseas in written submissions tendered in court.

'Frankly, [Roberts-Smith] was entitled to get on with his life and not sit around waiting for the OSI to charge,' Mr Howell wrote.

'The OSI's imminent decision to charge him could not have been known by [Roberts-Smith] when he started planning to move overseas.' 

Roberts-Smith was arrested by the Australian Federal Police, alongside members of the OSI, on April 7 as he prepared to get off a Qantas flight from Brisbane at Sydney Airport.

The former corporal was on a day trip to Sydney to take his 15-year-old twin daughters shopping as a school holiday treat and was also in the company of Ms Matulin.

The Daily Mail has previously revealed Roberts-Smith - who has always denied committing war crimes - had repeatedly offered to present himself to a police station if authorities intended to arrest him.

Roberts-Smith is accused of shooting dead one Afghan detainee and ordering subordinate SAS troopers named in court documents as Person 4, Person 11, Person 66 and Person 68 to kill four others.

The CDPP has indemnified from prosecution four witnesses - former soldiers Person 4, Person 8, Person 56 and Person 66 - who have admitted killing prisoners.

The case returns to Downing Centre Local Court on June 2.