Help applying for Onshore Partner Visa

[taaustralia]

Hello,

 

I am an Australian citizen. My partner is a UK citizen and wishes to apply for a partner visa to reside permanently in Australia. We have decided that the Onshore Temporary and Permanent Visa (Subclasses 820 and 801) is the most appropriate visa for our purposes.

 

In reading our questions please keep in mind that 1) we believe that we satisfy the de facto relationship requirements and 2) my partner has successfully applied for an eVisitor visa which does not contain a 'No Further Stay' condition.

 

1. Will my partner have difficulty entering Australia on her visitor visa if she does not have a return flight to the UK?

 

2. Can my partner apply for an onshore partner visa during the period of her visitor visa?

 

3. If yes, will a bridging visa (with working rights) be granted on the submission of the application or at the expiration of the visitor visa?

 

4. Is there a recommended 'cooling off' period to create the impression that my partner has not entered Australia for the purposes of applying for permanent residency? E.g. Wait one month before submitting the application.

 

Thank you very much in advance for any advice!

[Rupert]

If you want to make it appear that your partner is not coming to Australia for the express purpose of applying for another visa, then why on earth would you get a one way ticket. :err: So to your questions:

 

1) Just about the biggest red flag ever.

2) Yes.

3) Bridging visa kicks in when the visitor visa expires.

4) Never heard of such a thing. But I would think passing through immigration for the first time is the challenge, a one way ticket making that much harder.

Edited October 20, 2013 by Rupert

[Mark 1234]

I've just been through this (but not de facto). Your partner definitely needs a return ticket. I wouldn't have dared rock up at the airport on a one-way. I applied for my spouse visa and handed over all the evidence of a 20 year marriage before my tourist visa had expired, and was immediately issued the bridging visa. In 2012 there was no right to work, but I read on this forum that this has changed. My huge file of evidence and documentation wasn't even checked. It could've been full of blank paper, but they gave me the bridging visa anyway. With regards to question 4: I don't see the point. Your partner is coming to apply for a residency visa, why try and disguise the fact?

[CollegeGirl]

Your partner is coming to apply for a residency visa, why try and disguise the fact?

 

Coming on a tourist visa with the intention of applying for a PR visa means technically you are breaching the terms of your tourist visa because you weren't really a genuine tourist.

 

I couldn't even tell you now which forum I read this on (I actually think it might have been this one), but I've seen it advised that applying for a PR visa right away on arrival makes it that much more obvious that you were not a "genuine tourist." I've read that if you wait less than two months before applying for a PR visa, it can cause issues. But it's been a while since I've read that, and I can't remember exactly where, so can't say for sure that it's 100% accurate.

[taaustralia]

Thanks for the advice!

[Guest]

Given an onshore application bridging visa won't kick in till the current tourist visa has expired, it makes no sense (to me) to apply for it on the earlier side. Better to wait till a couple of weeks before the tourist visa expires IMHO.

[Quinkla]

You are seeking advice on how to commit immigration fraud. That's not what this forum is for. The correct course to take would be to apply for a s309 offshore partner visa and wait for it to be granted.