Astra Posted March 31, 2013 Share Posted March 31, 2013 Hi all, i'm Australian and currently studying at uni in victoira. my partner has returned back to the UK to visit friends and family as his working holiday visa expired at the beginning of march. we were planning to apply for onshore processing but i am a little bit nervous about him entering on a ETA visa and being rejected. I heard that other people have applied this way, any problems? Do they question the way you entered when you apply for the 820? because i'm in the middle of a degree i can't really leave the country and the prospect of spending 9 months apart waiting for off-shore processing is not a nice. Also has anyone waiting for the approval of the 820 visa applied for the work conditions of their bridging visa to be lifted? seems a bit difficult... Any help of advice would be much appreciated! Quote Link to comment Share on other sites More sharing options...
bma Posted March 31, 2013 Share Posted March 31, 2013 Hi all, i'm Australian and currently studying at uni in victoira. my partner has returned back to the UK to visit friends and family as his working holiday visa expired at the beginning of march. we were planning to apply for onshore processing but i am a little bit nervous about him entering on a ETA visa and being rejected. I heard that other people have applied this way, any problems? Do they question the way you entered when you apply for the 820? because i'm in the middle of a degree i can't really leave the country and the prospect of spending 9 months apart waiting for off-shore processing is not a nice. Also has anyone waiting for the approval of the 820 visa applied for the work conditions of their bridging visa to be lifted? seems a bit difficult...Any help of advice would be much appreciated! Applying for 820 partner visa on ETA is not a problem, the problem could be entering Australia on ETA with the intention of staying. Your partner needs to be a genuine tourist/visitor, but if later (during his tourist stay in Australia) he decides to stay and apply for a partner visa ... well, that's a different matter. So be careful, he can't really have tons of luggage and work tools with him when flying to Australia on ETA. He needs to check the conditions on his ETA once it's granted, though. Due to his extended (WHV) stay in Australia, ho could receive a No Further Stay as one of his ETA conditions. Not likely, but can happen. About lifting the bridging visa conditions... there's no need to. Since the end of November 2012 the applicants who applied for a partner visa onshore get a bridging visa A without any work or study restrictions. Assuming his ETA has no NFS and he applies for his partner visa before his 3-month stay expires, he'd be able to work as soon as the bridging visa A kicks in (after three months). If you're applying for a de facto partner visa, don't forget you need the evidence in all four categories for all 12 months prior to applying. All the best! Quote Link to comment Share on other sites More sharing options...
Astra Posted April 1, 2013 Author Share Posted April 1, 2013 Applying for 820 partner visa on ETA is not a problem, the problem could be entering Australia on ETA with the intention of staying. Your partner needs to be a genuine tourist/visitor, but if later (during his tourist stay in Australia) he decides to stay and apply for a partner visa ... well, that's a different matter.So be careful, he can't really have tons of luggage and work tools with him when flying to Australia on ETA. He needs to check the conditions on his ETA once it's granted, though. Due to his extended (WHV) stay in Australia, ho could receive a No Further Stay as one of his ETA conditions. Not likely, but can happen. About lifting the bridging visa conditions... there's no need to. Since the end of November 2012 the applicants who applied for a partner visa onshore get a bridging visa A without any work or study restrictions. Assuming his ETA has no NFS and he applies for his partner visa before his 3-month stay expires, he'd be able to work as soon as the bridging visa A kicks in (after three months). If you're applying for a de facto partner visa, don't forget you need the evidence in all four categories for all 12 months prior to applying. All the best! Thanks so much for you reply, great news about the work restrictions being lifted. That makes the whole process a lot easier. we had our relationship registered at the end of February in WA also have other supporting documents to back up our application so hopefully that will all be fine. Do you think having the relationship registered in WA and applying for the visa in VIC will be a problem? (i am from WA but have moved to VIC to study) Would you think having an ongoing ticket is necessary for when my partner comes back to australia? For the 6 months before my partner returned to the UK we were living with my family in WA, do you think DIAC would accept a letter from my parents as though they are landlords? we were paying some rent, don't know if a retrospective invoice would just look silly... we were getting our joint bank account statements sent there but no other proof we were living there, except photos, and family stat decs. thanks so much for you help, what a great resource this forum is! Quote Link to comment Share on other sites More sharing options...
bma Posted April 3, 2013 Share Posted April 3, 2013 Do you think having the relationship registered in WA and applying for the visa in VIC will be a problem? (i am from WA but have moved to VIC to study) It's like getting married in WA and then moving to VIC... no problem in my humble opinion. Would you think having an ongoing ticket is necessary for when my partner comes back to australia? I'm not a migration agent, but just somebody who went through this process myself and our case wasn't exactly like yours. My partner came to Australia on a visa similar to ETA, with the one way ticket only. He had future flights booked (and those tickets were non-refundable :mad:), but nobody at the border knew that and nobody asked him anything. But it was his first time in Australia, and we were through the border in a minute... And through luggage control in half a minute... But your partner already spent a certain amount of time in Australia, so he could be grilled a bit more at the border. If questioned, he needs to demonstrate he has enough funds to buy a ticket out of Australia when he decides to leave. I wouldn't mention applying onshore for a partner visa to the border officers, I don't know, to me it sounds like breaching tourist/visitor visa conditions... For the 6 months before my partner returned to the UK we were living with my family in WA, do you think DIAC would accept a letter from my parents as though they are landlords? we were paying some rent, don't know if a retrospective invoice would just look silly... we were getting our joint bank account statements sent there but no other proof we were living there, except photos, and family stat decs.thanks so much for you help, what a great resource this forum is! Definitely. Get the statements from your parents, they can fill out the form 888 or write their own statement. We had a similar situation except the landlord wasn't a relative, and she wrote a Stat Dec, explaining when were we living at her place, who was paying the bills etc... All the best Quote Link to comment Share on other sites More sharing options...
Astra Posted April 4, 2013 Author Share Posted April 4, 2013 Thanks so much for all your helpful advice, hopefully everything goes smoothly and we can get on with living our lives together! Quote Link to comment Share on other sites More sharing options...
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