I'm hoping to get some advice. Myself, my partner of 5 years and our two children (ages 3 and 1) leave London for Australia at the end of April 2008. I am an Australian citizen, my partner British and my two children hold dual citizenship for Australian and UK (I had them registered as Australian citizens by descent).
In April when we all enter Australlia my partner is traveling on a 676 tourist VISA that is valid for 12 months. Given our trip is to investigate our options out there (which involves things like does everybody like it as well as me establishing the feasibility of extending my UK based business in Aust), we only bothered with Tourist Visa for my partner as there seemed to be no reason to proceed with the more complex and costly Spouse Visa if we were not going to remain. We have return tickets booked for October of this year. Our intention was that once we had spent a few months in Australia and decided that we wanted to stay permanently, we would apply for a Spouse Visa (defacto) for my partner, however, her tourist visa has that 8503 condition imposed which I understand prevents her from lodging an application for that visa in Australia if we decide we would like to stay permanently. Given we are returning in October, I understand we could do it then, however, if we have made the decision to continue in Australia, by that point we would only want to spend 2 weeks maximum in London which I am sure would not be enough time to be granted a Spouse Visa.
Therefore, given the above, my questions are this;
1) Can we lodge the application for her Spouse Visa before we depart even though it will likely not be granted before we enter Australia at the end of April?
2) If the answer to the above is yes, what happens with her passport during the application? It is no issue for us to leave Australia and re-enter with the Spouse Visa as we are leaving Australia in October 08 anyway (hopefully to return in November).
3) If the application for Spouse Visa is lodged offshore, can the necessary interviews and health checks be conducted in Australia?
A Spouse visa lodged in London now IS likely to be granted before the end of April if you can obtain the required police clearance certificate/s and medical examination very soon.
Alternatively, you might ask for the 8503 condition to be removed from the tourist visa so your partner has more flexibility with her visa arrangements.
I would have a freebie chat with my colleague Lorraine Beaumont on Southampton number 023 80 30 2525 to find out what can be done.
Best regards.
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Managing Director, Go Matilda, http://www.gomatilda.com
Registered Migration Agent Number 0102534 and Chartered Accountant (England & Wales, and Australia)
Offices in the UK and in Australia
