Spouse Visa options

**jtrd** · 03-09-2011, 07:11 AM

Was wondering if there is any option while waiting (not so patiently

) for an offshore spouse visa to be granted of moving to Aust and working? It seems a bit unfair that those onshore can have a bridging visa, allowing them to work while for offshore it's a tourist visa, meaning no work.
Does anyone have any ideas/thoughts/advice on this?

**guest32487** · 03-09-2011, 08:04 AM

Are you young enough to get a WHV? (not sure if this would work - you'd have to ask your CO). Otherwise, you'll have to wait it out Im afraid...

**MM2Melb** · 03-09-2011, 03:18 PM

Depending on your area you could always look for employer sponsorship on a 457 visa. At least if you wait it out you will have a permanent/2 year temp visa when you are looking for work...
Hopefully the spouse visa will come through quickly anyway. :-)

**snifter** · 03-09-2011, 05:52 PM

Don't you have to be in the country (UK) when its issued though? Or am I getting my visas muddled up. I thought you could go over on a tourist visa but had to pass it by your CO first and all that and be back in the UK when its issued.

Its not that long a wait on the scale of things is it?

**jtrd** · 03-09-2011, 06:01 PM

Thanks for your replies

I'm the Aussie and perhaps a bit impatient to go home!
The bloke is too old for WHV

and while it shouldn't feel like long to wait, once you've decided to go every day feels too long :clown-cry:

**MM2Melb** · 03-09-2011, 06:26 PM

Originally Posted by snifter

Don't you have to be in the country (UK) when its issued though? Or am I getting my visas muddled up. I thought you could go over on a tourist visa but had to pass it by your CO first and all that and be back in the UK when its issued.

Its not that long a wait on the scale of things is it?

As long as you are "offshore" it is fine, so if you have another visa you would have to get stand go to NZ /fiji/Indonesia etc - but yeah might be a bit complicated considering it would take time to get any other visa and the spouse visas are only taking about 4 months anyway....

**RockDr** · 05-09-2011, 12:57 AM

being able to work in australia while you wait has pretty much nothing to do with the bridging visa (which has the same work rights as whatever visa you applied from - not everyone with a bridging visa has work rights), and everything to do with whether or not you qualified for a work visa in the first place. If you applied offshore but qualify for a work visa, there's nothing stopping you from going out there on that work visa, then just leaving the country once the partner visa is ready for grant.

**JoandJon** · 05-09-2011, 06:12 AM

All the UK offshore partner visa's are taking about 4 months at the mo (some even less!!), while the onshore partner visa's seem to be taking up to 12 months atm (and they're more expensive).

Quite a few people do the NZ dash - i.e. fly to Oz on another visa (usually tourist) then fly to NZ to be offshore when the visa is granted, but you need to talk with your CO first to get their advice.

Cheers :)

**RockDr** · 05-09-2011, 06:21 AM

Originally Posted by JoandJon

Quite a few people do the NZ dash - i.e. fly to Oz on another visa (usually tourist) then fly to NZ to be offshore when the visa is granted, but you need to talk with your CO first to get their advice.

Cheers :)

To clarify, if you're going to Australia while you wait out the visa, you don't actually need your CO's advice or permission, you just need to inform them of your plans so that they know how to get in touch with you, and that they should issue a pre-grant letter rather than the visa itself, since you'll need to leave australia for the actual grant.

**GeorgeD** · 05-09-2011, 07:04 AM

Originally Posted by RockDr

To clarify, if you're going to Australia while you wait out the visa, you don't actually need your CO's advice or permission, you just need to inform them of your plans so that they know how to get in touch with you, and that they should issue a pre-grant letter rather than the visa itself, since you'll need to leave australia for the actual grant.

100% correct. The decision to let you in to Australia or not at any time is solely down to the Immigration Officer at the Border when you present yourself with whatever visa you have decided to travel on. Your CO has nothing to do with this process.

Your CO only cares if you are in or out of Australia because your Offshore application can't be granted while you are Onshore. You don't need to be in the UK, just out of Australia at grant time.

I visited Oz on an eTourist visa while I waited out my Offshore application and emailed my CO when I returned to the UK to confirm I was offshore. When she didn't acknowledge my email I called to check she knew I was in the UK and told me she had been waiting on me leaving Oz and would approve it immediately now that I was offshore.

As RockDr said before, a Bridging Visa just lets you stay in Oz with the same rights as the visa you were on when you made your application for an Onshore Visa...so, if you go on a tourist visa and apply Onshore, you pay more money and have no work rights for the 12 months it currently takes to process...if you apply Offshore, you pay less and can travel to Oz on a tourist visa while you wait the 4 months or so for it to be processed. The partner visa is about reuniting families, so those that are apart have a faster stream than those together in Oz.