Rupert Posted July 10, 2013 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. 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! That is the kind of inconsistency you could get at passport control too. One day one person might let you through, another day another person might not. That is the risk with this approach and don't underestimate the lie, if immigration thought you were lying they would take it very seriously. Me, well I am not a risk taker, so would probably do it above board. (Although I still think your hubby should be looking for jobs in UK and not be putting you through a move at this time. :wink:) Link to comment Share on other sites More sharing options...
Guest Posted July 10, 2013 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. 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! I have applied off shore and now my medical and police checks are out the way I've spoken to my CO and have applied for tourist visa (granted) and am heading to Aus on it (if my partner visa isn't granted before then). Plenty of people do this (look back in this thread to see how many). So long as you keep your CO in the loop and don't have any major concerns for the medical (mine is referred but I had an A rating for it so it should only be a matter of course for it to be reviewed and stamped as ok) and your police check is all ok there is nothing to stop you applying off shore and then applying for a tourist visa to travel to Aus ahead of grant. So long as you are aware when you do your visa has still to be granted, but either way, on shore or offshore then tourist visa, the risk is on you for it being processed and approved. ETA - CO said to apply for tourist visa first before booking flights (to ensure tourist visa was granted ok, it was within about 8 hours) but so long as it was granted, up to me if I then wanted to head to Aus before my partner visa was granted. Link to comment Share on other sites More sharing options...
Guest 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? George has replied explaining it beautifully so I won't even attempt to add more Link to comment Share on other sites More sharing options...
Seizethedance Posted July 10, 2013 Author Share Posted July 10, 2013 Certainly a lot to think about, thanks everyone. If he doesn't get this job then we'll be here for the baby which will be slightly easier and then it looks like applying onshore and then travelling on a tourist visa is a legitimate thing to do (leaving to nz briefly when partner visa is granted). Rupert - I'm not being dragged anywhere Yes the timing isnt great but he'll have to take whatever job he can get and they are few and far between in london and aus. Plus the one he's applied for is quite unique as it's in Katherine NT (yes i know as much as i can know about this place from googling!) and we really want it!! Last time we had visa issues for living in central Africa we got married - turned out it didnt help with the visa at all but we were still happy we did it of course! Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 10, 2013 Share Posted July 10, 2013 Don't lie. Tell the truth. You're going to Oz to see if you would like to live there. You are visiting family and haven't finalised when you leave. You have the means to leave but just haven't booked. You have a life to lead back in the UK and fully intend going back to it. The reality is you may not like it in Oz...your partner may not like it either. Places change. If, once onshore you decide it is for you, and you are legally able to apply for a visa, then there is nothing stopping you. Plenty of people in defacto relationships go to Oz with their spouse to build up time in a defacto relationship to meet the 12 month relationship requirement. Whether you apply 11 days or 11 months after landing in Oz on a tourist visa makes no difference to the tourist or spouse visa... How many people go to Oz on 457 visas an fully intend applying for some sort of PR further down the line...skilled, sponsored, or even spouse visas. Are they lying by using a Temp Visa when their aim, ultimately, is to live in Oz permanently? Link to comment Share on other sites More sharing options...
lebourvellec Posted July 10, 2013 Share Posted July 10, 2013 If DIAC did not allow people to apply for further visas onshore - they can attach no further stay condition to each visa. If you dont have no further stay condition on the visa - you are able to apply onshore for a further visa. Even people that have a section 48 bar on applying onshore for a further visa - 1 visa that they can apply for a partner visa onshore Link to comment Share on other sites More sharing options...
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