Seizethedance Posted June 26, 2013 Share Posted June 26, 2013 Hello, really hoping someone here can help. My Australian hubby has just lost his job and is applying for jobs in Australia. If he gets one obviously he will have to go within a few weeks. Do I need to get a partner visa before I can join him or can I enter on tourist visa and apply for the partner one when I get there? From my internet searching it seems that partner visas take months to be granted. To complicate matters we have a 2 year old and I'm due to have another baby at the end of october. So if he was lucky enough to get a job I would want to travel pretty soon otherwise I'll have to stay here until after the birth. Hope someone can help. Thank you!! Link to comment Share on other sites More sharing options...
Guest Posted June 26, 2013 Share Posted June 26, 2013 You can apply on shore after entering on a tourist visa. Just ensure you don't carry all the paperwork you'll need for your application with you when you fly. Big no no. Have it couriered over once you arrive. Get all the stuff you'll need to provide proof. Bills, leases, bank statements etc. On shore partner visa takes about 13 months to come through these days. You'll go onto a bridging visa when your tourist visa runs out and it will have work rights. Costs more also. Hopefully your 2 year old already has duel citizenship? If not, get it quick and get an Aus passport. All up I think ours was done inside of a few weeks. Easy stuff. Get reading all this and any questions, ask away http://www.immi.gov.au/migrants/family/family-visas-partner.htm Link to comment Share on other sites More sharing options...
Seizethedance Posted June 26, 2013 Author Share Posted June 26, 2013 You can apply on shore after entering on a tourist visa. Just ensure you don't carry all the paperwork you'll need for your application with you when you fly. Big no no. Have it couriered over once you arrive. Get all the stuff you'll need to provide proof. Bills, leases, bank statements etc. On shore partner visa takes about 13 months to come through these days. You'll go onto a bridging visa when your tourist visa runs out and it will have work rights. Costs more also. Hopefully your 2 year old already has duel citizenship? If not, get it quick and get an Aus passport. All up I think ours was done inside of a few weeks. Easy stuff. Get reading all this and any questions, ask away http://www.immi.gov.au/migrants/family/family-visas-partner.htm Thank you - that's very helpful no our son doesnt even have any passport yet! Also my husband's aus passport has ran out as we had no idea we might be heading there soon. He has a British passport - which has also expired.. We figured it would be quicker to get the british one renewed and for him to enter aus on that. Presumably this will mean we cant do anything about my partner visa or our sons aus passport until we all get to aus? It's all so confusing! Also will i have any problems entering on a tourist visa with no return flight and clearly about to have a baby? thanks again. Link to comment Share on other sites More sharing options...
Guest Posted June 26, 2013 Share Posted June 26, 2013 Blimey. I've no idea about the whole passport thing without doing a bit more reading. Your son will have to entire Aus on a tourist visa on his UK passport. Your husband can then apply for Aus citizenship by descent and once that is in get your son an Aus passport. If you want to go to Aus soon, the no, you either have to apply in the UK as an offshore visa (and clear it with your CO to travel to Aus on a temp tourist visa which if you are having a baby might be problematic). If you can I'd seek some advice about all the ins and outs as tbh it doesn't sound an easy straightforward case. Hopefully someone with more knowledge of the Aus healthcare system etc can chip in about you having the baby in Aus on a tourist visa. Also those with more understanding of expired passports etc. I'd think he could enter Aus on an expired Aus passport but will need a valid one of some sort to leave the UK. You are obviously trying to do all this in a hurry but I'd really take a few days and do some proper research so as to be sure of your best course of action. Link to comment Share on other sites More sharing options...
Guest Posted June 26, 2013 Share Posted June 26, 2013 FWIW my hubby got his new Aus passport (here in the UK) very easily and was back really quickly. Also our son's citizenship by descent didn't take long to come through, a couple of weeks and then getting son's Aus passport was a formality and we got that back really quickly also. All inside of a 6 weeks anyways. Might be easier in the long run to do that all now. Link to comment Share on other sites More sharing options...
wolvesaussie Posted June 26, 2013 Share Posted June 26, 2013 I am not sure if it is policed but an Australian passport holder is not aloud to apply for a tourist visa to Australia on another passport. I am sure i read that when my girlfriend was doing her tourist visa application one time online Link to comment Share on other sites More sharing options...
Guest Posted June 26, 2013 Share Posted June 26, 2013 I am not sure if it is policed but an Australian passport holder is not aloud to apply for a tourist visa to Australia on another passport. I am sure i read that when my girlfriend was doing her tourist visa application one time online Makes sense to me. OP, look to getting both his Aus and UK passports renewed ASAP and then him applying for your child's citizenship etc. Link to comment Share on other sites More sharing options...
lebourvellec Posted June 26, 2013 Share Posted June 26, 2013 Would be advisable for your husband to renew his Australian Passport, as without a current Australian passport he will have problems at the airport just priniting out the boarding passes. My OH had issues getting his boarding pass printed, as they have to check the Australian system that you have a valid visa to travel. We were heading over on visa, even had the paper label in passport but still had issues, you could have same problems if have expired passport. I would take snifters advice and get passports sorted for Husband and son. As for having the baby in Australia, as a UK citizen you will be entitled to Reciprocal Medicare, but once your Partner Visa is lodged you can then apply for the interm medicare card. All costs a public hospital will be covered. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted June 26, 2013 Share Posted June 26, 2013 Thank you - that's very helpful no our son doesnt even have any passport yet! Also my husband's aus passport has ran out as we had no idea we might be heading there soon. He has a British passport - which has also expired.. We figured it would be quicker to get the british one renewed and for him to enter aus on that. Presumably this will mean we cant do anything about my partner visa or our sons aus passport until we all get to aus? It's all so confusing! Also will i have any problems entering on a tourist visa with no return flight and clearly about to have a baby? thanks again. I had a pretty similar question, both my UK and Aus passports expired, never bothered to renew either and the reply I got was get both. Aus passports take about 2 weeks to come after your interview, you have to go in person to Australia House with all your documents, so get the forms sent, and call for an appointment, usually a few days wait. Once you've lodged the application, the passport comes pretty quick, much quicker than the UK passport at any rate, which also takes longer in the summer. I was told that if I tried to leave UK on my Aus passport, it could cause me problems when departing (as no UK visa, as don't need one) and if I did ever want to return, no valid UK passport would cause problems. Link to comment Share on other sites More sharing options...
Rupert Posted June 26, 2013 Share Posted June 26, 2013 Thank you - that's very helpful no our son doesnt even have any passport yet! Also my husband's aus passport has ran out as we had no idea we might be heading there soon. He has a British passport - which has also expired.. We figured it would be quicker to get the british one renewed and for him to enter aus on that. Presumably this will mean we cant do anything about my partner visa or our sons aus passport until we all get to aus? It's all so confusing! Also will i have any problems entering on a tourist visa with no return flight and clearly about to have a baby? thanks again. No your husband cannot enter Australia on aUK passport, because he needs a visa and citizens cannot get visas. He needs to get the Australian passport as does your son. There is a risk associated with you going on a tourist visa as tourist visas are for tourists, but many get away with what you are proposing, so it is up to you. Personally, I would tell my husband to focus his job hunt on the UK, this sounds like a lot if upheaval for a soon heavily pregnant woman. Link to comment Share on other sites More sharing options...
Seizethedance Posted June 27, 2013 Author Share Posted June 27, 2013 Thanks very much everyone for your replies, it's been really helpful. We will get both my husband's passports asap and both for our son too and start on the PR application for me and hope if he does get a job we can all get there before baby arrives! Rupert he is applying for jobs in the UK too but they are far and few between so we will have to take what we can get. Thanks again everyone. Link to comment Share on other sites More sharing options...
Quinkla Posted June 27, 2013 Share Posted June 27, 2013 You can apply on shore after entering on a tourist visa. Just ensure you don't carry all the paperwork you'll need for your application with you when you fly. Big no no. Have it couriered over once you arrive. Get all the stuff you'll need to provide proof. Bills, leases, bank statements I know people sometimes enter as a tourist and then apply onshore for a partner visa but in this case, the partner visa would be based on an established marriage to someone rather than on a relationship with someone you met whilst on holiday. That might make it hard to justify the tourist visa having been genuine. Just a thought. Link to comment Share on other sites More sharing options...
Guest Posted June 27, 2013 Share Posted June 27, 2013 There is nothing to stop her going over on a tourist visa. Lots of people do so and apply onshore. If they didn't want to make it possible to allow people to apply onshore they would not have the visa for it. I looked into applying onshore but we decided to apply here as we had time. Otherwise I'd be doing the same as the OP is looking to do. I researched both options and didn't find it being an issue entering Aus on a tourist visa and applying onshore if you were married and had children. For the most part people's cases were straightforward and done within the time frame. The odd one was a bit drawn out but that was more to do with medicals or some such than them querying the partner entering on a tourist visa. Link to comment Share on other sites More sharing options...
Guest Posted June 27, 2013 Share Posted June 27, 2013 For the OP, these posts explain it well if you plan to apply for a tourist visa http://www.pomsinoz.com/forum/news-chat-dilemmas/188977-another-crazy-idea-2.html#post1936249520 http://www.pomsinoz.com/forum/news-chat-dilemmas/188977-another-crazy-idea-5.html#post1936250384 Link to comment Share on other sites More sharing options...
Seizethedance Posted July 9, 2013 Author Share Posted July 9, 2013 It's complicated - Australian husband is applying for jobs in Australia (due to threatened redundancy and poor jobs prospects here). If he get's one in the next few weeks we would obviously want to move with him (me and our son). But, I will be very pregnant by then. The options are 1, lodge partner visa here and then apply for a 12 month tourist visa to travel with him. Problem is the visa person at the high commission will only tell me that this is not an appropriate visa since I am not a tourist and so may get turned down. Option 2, go on a tourist visa and lodge partner visa application onshore. Problem here is that since I can only travel until 36 weeks pregnant, I assume that to be believed at immigration I will need a return flight before 36 weeks and a visa only for these dates, which will only give me at most 4 weeks. Is this enough time to lodge my partner visa onshore and go onto a bridging visa? Will the fact that I cant get an x-ray during these 4 weeks (until after baby is born) delay the application? What would happen then - would I get deported? :eek: I realise no one here is an expert - but since the high commission have not been very helpful I'm looking for any relevant experiences as I really dont know what to do. Thanks in advance :biggrin: Link to comment Share on other sites More sharing options...
Rupert Posted July 9, 2013 Share Posted July 9, 2013 I have merged this with your thread from last week, helps to keep your story together and saves people from repeating themselves. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 9, 2013 Share Posted July 9, 2013 You can go onshore and apply there and then you can remain until a decision is made. You will need an x-ray, but you don't have to do this at application...you can wait, in fact DIAC tell you not to do it initially. Once you have a Case Officer you will be asked for a medical, including Xray. One issue I can see is you will be giving birth in Australia as a tourist. Does this mean you are entitled to medical facilities at no cost or do you have to pay for them in full? There may be others here who have done this. Your first option will work too...you can go to Oz on a tourist visa to visit family and friends. Perfectly reasonable use of the tourist visa...and as you have an offshore spouse visa in progress you are very likely to leave...you need to be offshore for it to be granted, so why would you overstay. Their only concern would be if you were likely to work...but you could argue that having a child to look after makes you unlikely to do it. Complicated scenario. I wonder if the immigration officer at the border would take one look at your bump and ask when you intended leaving? I honestly don't know. Link to comment Share on other sites More sharing options...
lebourvellec Posted July 9, 2013 Share Posted July 9, 2013 A evisitor will be a 3 month visa. There will be no requirement from immigration that you must have a return flight before you turn 36 weeks. Airline policy's are different for pregnant woman and after 28 weeks depending on airline policy, you will need A fit to fly letter form midwife or doctor. As for Medicare you will be entitled to reciprocal Medicare if hold UK passport, treatment at public hospital will be free. Once apply for partner visa can apply for interim Medicare card. You don't need to show that you have a return flight but have the funds to get one. You only go on to bridging visa once initial visa expires, so your not going to be deported. Onshore partner visa are taking up to 13 months to be granted so delay for the medical will not be an issue. Perhaps speaking to a registered migration agent would better than high commission. Either way lodging offshore or onshore you will still be going on tourist visa and on one way ticket. By lodging offshore you will need to go offshore to get visa granted. Link to comment Share on other sites More sharing options...
Quoll Posted July 9, 2013 Share Posted July 9, 2013 Do it right. Apply for a spouse visa in UK and wait until you've got it - too many unknowns and risks the other way IMHO. Link to comment Share on other sites More sharing options...
Seizethedance Posted July 10, 2013 Author Share Posted July 10, 2013 Thanks everyone for your advice - I think we may consult with a migration agent as there are lots of unknowns and been told different things by different migration people at the high commission. Thanks again Link to comment Share on other sites More sharing options...
Peach Posted July 10, 2013 Share Posted July 10, 2013 There is nothing to stop her going over on a tourist visa. Lots of people do so and apply onshore. If they didn't want to make it possible to allow people to apply onshore they would not have the visa for it. I looked into applying onshore but we decided to apply here as we had time. Otherwise I'd be doing the same as the OP is looking to do. I researched both options and didn't find it being an issue entering Aus on a tourist visa and applying onshore if you were married and had children. For the most part people's cases were straightforward and done within the time frame. The odd one was a bit drawn out but that was more to do with medicals or some such than them querying the partner entering on a tourist visa. As you're so sure Snifter, can you point me at the section of the partner migration guide that deals with the arrive on a tourist visa route? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 10, 2013 Share Posted July 10, 2013 As you're so sure Snifter, can you point me at the section of the partner migration guide that deals with the arrive on a tourist visa route? There is no section which details how the Onshore Spouse Application visa works with any specific visa, other than the visas which don't allow you to lodge onshore. You have to be in Oz legally, so as long as you are (and none of the edge case exclusions apply to you), then the specific visa you entered on is, for the large part, irrelevant. Specifically, Part 2 on Page 12 of the Partner Migration Booklet 1 describes how you would be ineligible. Seeing as there are only a few circumstances that make you ineligible, it is easier to tell you when you can't apply as opposed to having a section for every circumstance where you can. You're right it doesn't mention people in Oz on a tourist visa. equally, it doesn't mention WHV or 457 holders either...both Temp Visas Basically, you need to be on a substantative visa (including tourist, WHV, 457, etc) and not have a 8503 No Further Stay Condition, so you are elgible. The Immigration Officer at the border willl decide whether your tourist visa is apporpriate for the purpose of your trip...visiting family and friends, seeing the sights, doing a reccie even. All good uses for a tourist visa. You don't have the NFS condition so once you are across the border it is up to you to decide if you then want to apply for a new visa, as you are legally entitled to do so, and you will be assessed against its criteria. You won't find any guidance on the Spouse Visa telling you you can't apply for it onshore if you are on a WHV, a student visa, a 457 visa or any many other visas, simply because there is no restriction on you doing it. Same goes for the tourist visa. Link to comment Share on other sites More sharing options...
Peach Posted July 10, 2013 Share Posted July 10, 2013 However you spin it, is it really wise to recomend a visa strategy that includes tell lies to border security - even if they are best intentioned? Link to comment Share on other sites More sharing options...
Rupert Posted July 10, 2013 Share Posted July 10, 2013 There is nothing to stop her going over on a tourist visa. Lots of people do so and apply onshore. If they didn't want to make it possible to allow people to apply onshore they would not have the visa for it. Applying on shore is not an issue of course, somebody might already be in Australia on a WHV, a student visa, a temporary employer visa and meet someone and wish to apply for a partner visa. No the issue is not around applying on shore, it is around arriving on a tourist visa purely to lodge an application onshore, people do it and get away with it, but it is definitely a risk that OP should be aware of and go into with eyes wide open. The risk of being turned around at the airport and getting a 3 year ban is there. Link to comment Share on other sites More sharing options...
Seizethedance Posted July 10, 2013 Author Share Posted July 10, 2013 Thank you everyone, this is very useful. George D that's helpful thanks and pretty much how I understood it. However you spin it, is it really wise to recomend a visa strategy that includes tell lies to border security - even if they are best intentioned? I understand what you mean Peach and would rather do it a more legitimate way but I'm worried about lodging a partner visa here and then being turned down for a tourist visa - even though one guy at the high commission said this was a perfectly valid use of a tourist visa, another one said it is not so I'm just not sure! Plus it's only a little lie - I could easily be doing a reccie and decide to stay which as George D said is perfectly legitimate. Anyway I think we will take people's advice and consult with a migration agent. Thanks everyone, hope to be in aus soon! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.