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What sort of visa?


Cliffy43

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My daughter and her partner are returning to Australia later this year with their children for an indefinite period, but not permanently. She and the boys are all Australian citizens.

Her husband, no current Australian visa at all, has a year's long service leave from his job and will be paid by his employer.

He is doing a course from their country, mainly by internet, but is required to attend for a week two or three times in the year and he will return there for that. (It is much cheaper than doing a similar course here as an international student).

They do not want to apply for a spouse visa, as they do intend to return overseas, so he would not be able to fulfil the conditions. So what visa should he apply for, just a Tourist visa, or a longer stay Tourist. His course is not based here so he cannot have a student visa.

He will be travelling without her back and forth, and they could be here longer than 12 months, so he wouldn't necessarily be a tourist.

It would be lovely if he could do some work on a casual basis, lecturing or tutoring or similar, but I can't find a visa that would allow casual work. He is definitely over WHV age.

Any ideas?

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Unless he qualifies for a skilled immgiration visa, a Partner visa is the only visa that would allow him to stay for longer than 12 months with work rights. He wouldn't be allowed to do ANY kind of work on a Visitor visa and nor would he be able to stay for longer than 12 months. I'm not sure what you mean though when you say "so he would not be able to fulfil the conditions". A Partner visa allows unrestricted entry to Australia for 5 years and after that, a Resident Return visa may be possible if they decide to make a permanent move to Australia.

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Just wanted to add: Current processing times for Partner visas have increased significantly, some taking more than year depending on the partner's nationality. While the visa is being processed he wouldn't have any work rights unless the visa was applied onshore, which costs upwards of 7 grand last I heard.

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Thanks for your replies

He doesn't actually want or need to work, except that he may get bored. His present employer will pay him all year.

I thought the Partner Visa would take too long to come through, he plans to come next September and I also thought he had to be wanting to live here permanently to apply for it.

He doesn't want that.

I was more concerned that immigration might query several tourist visas issued in one year, as he only plans to return home once or twice for his University course, each time for around two/three weeks.

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Intent to live here permanently or not doesn't really affect a Partner visa application. All that is needed is for him to be sponsored by an eligible partner, your daughter in this case.

 

If they start the process right away, he'll have the visa early next year. If he indeed decides to stay here for 2 years for example, he will have become a permanent resident before he goes back. It's all good from there except a few residency requirements.

 

Best to have a chat with a migration agent to get the full picture. Quite a few goods ones on this forum.

 

EDIT: Booklet 1 from immi explains the basics - http://www.immi.gov.au/allforms/pdf/1127.pdf

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A spouse visa really is the only way. He would not get a tourist visa long enough for that purpose. Also it may appear a bit dodgy to Oz immigration. They are very strict and someone with an ozzy partner and ozzy kids going to oz for a long time on a tourist visa will raise questions. Genuine intentions/will they leave etc. People in that situation would get a partner visa.

 

Also once you add up the cost of the course and flights and living cost on them weeks away it soon mounts up to a fair bit for something just of interest. It would prob not work out too much cheaper when you add up all those plane fares?

 

I am not too sure on the entitlement of a spouse visa but is education not cheaper as I assume he would no longer be an international student? Might be worth looking in to :)

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