jayray Posted April 13, 2015 Share Posted April 13, 2015 Hi, I'm currently in the UK, but I have recently had a previous permanent resident visa re-approved via an RRV, which was for me as an individual. It has 12 months validity. I'm now married, and myself and my wife are looking for move out in January 2016. She would be requiring a partner visa. We have been advised by our migration agent, for her to travel out on a tourist visa and apply onshore for the partner visa. We're concerned about getting turned around at customs because she's coming out on the wrong sort of visa. So we wanted to double check. Has anyone else been through this process? What route did you take? How do you apply for an onshore partner visa without having a correct visa to get onshore? Any help / advice welcomed. Thanks Quote Link to comment Share on other sites More sharing options...
Bungo Posted April 13, 2015 Share Posted April 13, 2015 Hi, I'm currently in the UK, but I have recently had a previous permanent resident visa re-approved via an RRV, which was for me as an individual. It has 12 months validity. I'm now married, and myself and my wife are looking for move out in January 2016. She would be requiring a partner visa. We have been advised by our migration agent, for her to travel out on a tourist visa and apply onshore for the partner visa. We're concerned about getting turned around at customs because she's coming out on the wrong sort of visa. So we wanted to double check. Has anyone else been through this process? What route did you take? How do you apply for an onshore partner visa without having a correct visa to get onshore? Any help / advice welcomed. Thanks A bit odd to advise you to bend the rules when there is still lots of time to January 2016. I would have thought it would make a lot more sense to apply now, partner visas are granted quicker and are cheaper if you are offshore. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted April 13, 2015 Share Posted April 13, 2015 I think that the trouble is, for a PR to sponsor for a partner visa, the sponsor has to be living in Australia. Hence, the application couldn't be lodged until the OP returns to Australia. Unless the couple want to spend time apart, that points to the wife arriving on a visitor visa and applying for a partner visa onshore. Quote Link to comment Share on other sites More sharing options...
engaus Posted April 14, 2015 Share Posted April 14, 2015 a PR doesn't have to be living in Australia to sponsor a partner (I have seen people who have only validated their visa but never lived in Australia sponsor partners). But I believe they would need to show intentions of moving there e.g job offer, friends/family, house etc etc. Same as a RRV. if it was me I would apply now if I could and get the process underway. Processing times for partner visas from London are 10-14 months, most I have seen lately have been getting approved at about the 10 month time frame. So if you apply in May, get it approved around fen she could possibly follow you out there. May be a case of you going ahead her for a month or so but you would use that time to get set up, find work, a place to live etc. If she applies onshore it's more expensive, the processing time is longer and she would be put on a bridging visa for almost that entire duration which a lot of people find it very hard to find any decent work on. There is also a possibility that you would be questioned at the border on your intentions in Australia - if she is on a tourist visa and you are PR. They do reserve the right to turn people away an cancel tourist visas if they don't believe you have genuine intentions. But I can't comment on the probability of that. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted April 14, 2015 Share Posted April 14, 2015 a PR doesn't have to be living in Australia to sponsor a partner (I have seen people who have only validated their visa but never lived in Australia sponsor partners). But I believe they would need to show intentions of moving there e.g job offer, friends/family, house etc etc. Same as a RRV. Page 14 of the Partner Visa booklet says for sponsor eligibility: "If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia." Quote Link to comment Share on other sites More sharing options...
engaus Posted April 14, 2015 Share Posted April 14, 2015 There are lots of things in the partner visa booklet that can be interpreted in different ways. This is something I have seen many MARA agents mention: 'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support yourself and any eligible dependent family members. As a matter of policy, generous interpretation is usually supported, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to your sponsor’s 'firm intention to reside' in Australia. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted April 14, 2015 Share Posted April 14, 2015 Fair enough. But if the OP has only got a 12 month RRV, he has been in Australia for less than two of the last five years and is not planning to return for 9 more months. I cannot see how that would be "usually resident" in Australia, using even the most generous interpretation. Personally, I wouldn't gamble thousands of dollars on getting a sympathetic Case Officer when it would be a much safer bet to return to Australia and sponsor onshore. I'm guessing that the MARA agent reached the same conclusion. Quote Link to comment Share on other sites More sharing options...
engaus Posted April 14, 2015 Share Posted April 14, 2015 Fair enough. But if the OP has only got a 12 month RRV, he has been in Australia for less than two of the last five years and is not planning to return for 9 more months. I cannot see how that would be "usually resident" in Australia, using even the most generous interpretation. Personally, I wouldn't gamble thousands of dollars on getting a sympathetic Case Officer when it would be a much safer bet to return to Australia and sponsor onshore. I'm guessing that the MARA agent reached the same conclusion. Then I guess we will agree to disagree given neither of us are agents. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 14, 2015 Share Posted April 14, 2015 Then I guess we will agree to disagree given neither of us are agents. I'd agree with you, I've acually come across two Brits in the UK on RRVs who have successfull sponsred partners (and babies) on a Spouse Visa and then the whole family has moved to Aus together. The Sponsor can outline in their statement how the family intend to move together, both people can talk about their research into starting life in Aus together, etc etc. I would think get the application in offshore, may well be granted by January and if not then it should be close enough for the partner to use an evisitor for the last couple of months, or just wait in the UK and fly over a couple of months after the OP. Quote Link to comment Share on other sites More sharing options...
Liv Newton Posted October 20, 2015 Share Posted October 20, 2015 Hi my partner is Australian and I'm Pom, we were advised for me to come in as if I'm on one of my regular trips to visit my partner and then lodge our visa application when I'm onshore. Visa applications for de facto are taking 12-15 months and as I was pregnant with our child we didn't want to be apart and for him to miss the pregnancy and birth. Anyway I'm here and have been since April now and visa lodged and i was automatically out on a bridging visa and gave had out baby who because he's born here to an Australian father he's taken on his dad's citizenship. It's safe to say the visa for us will be a rubber stamp job because we've had a baby who's Australian citizen and lived together for the minimum 12 months as a family. BUT advice varies greatly. Just contact border control immigration direct via phone and ask for the name who gives you advice and time and date the call. Then you get it direct from them with proof. Good luck. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 20, 2015 Share Posted October 20, 2015 Hi my partner is Australian and I'm Pom, we were advised for me to come in as if I'm on one of my regular trips to visit my partner and then lodge our visa application when I'm onshore. Visa applications for de facto are taking 12-15 months and as I was pregnant with our child we didn't want to be apart and for him to miss the pregnancy and birth. Anyway I'm here and have been since April now and visa lodged and i was automatically out on a bridging visa and gave had out baby who because he's born here to an Australian father he's taken on his dad's citizenship. It's safe to say the visa for us will be a rubber stamp job because we've had a baby who's Australian citizen and lived together for the minimum 12 months as a family. BUT advice varies greatly. Just contact border control immigration direct via phone and ask for the name who gives you advice and time and date the call. Then you get it direct from them with proof. Good luck. Many DIBP call center staff don't know the ins and outs of complex situations. Better to call a registered agent IMHO. Your own visa should be fairly straightforward though, one hopes! Quote Link to comment Share on other sites More sharing options...
Guest Posted October 20, 2015 Share Posted October 20, 2015 Many DIBP call center staff don't know the ins and outs of complex situations.Better to call a registered agent IMHO. Your own visa should be fairly straightforward though, one hopes! Agree with this. Quote Link to comment Share on other sites More sharing options...
Liv Newton Posted October 20, 2015 Share Posted October 20, 2015 I can only go by my own experience I came in on my temporary visitor visa (I've been here 12 times before during our relationship) and then once in we listed our relationship with births, deaths and marriages officially. So many trips and I've never overstayed anything it was straight forward. Lodged our de facto visa and huge visa payment and they've green lighted my bridging visa. Our Baby born here and we'll of lived together the required 12 months, I'd love to know why they wouldn't allow me permanent residency. If anything I wouldn't be able to leave without my partners permission to take our child as out child is an Austealian citizen with passport. It's not been an easy road but basically for us they want the visa fee and be satisfied we are genuine and that's basically it. You can fake a lot but not 2 years, 12 trips and a baby lol Quote Link to comment Share on other sites More sharing options...
Guest Posted October 20, 2015 Share Posted October 20, 2015 (edited) I can only go by my own experience I came in on my temporary visitor visa (I've been here 12 times before during our relationship) and then once in we listed our relationship with births, deaths and marriages officially. So many trips and I've never overstayed anything it was straight forward. Lodged our de facto visa and huge visa payment and they've green lighted my bridging visa. Our Baby born here and we'll of lived together the required 12 months, I'd love to know why they wouldn't allow me permanent residency. If anything I wouldn't be able to leave without my partners permission to take our child as out child is an Austealian citizen with passport. It's not been an easy road but basically for us they want the visa fee and be satisfied we are genuine and that's basically it. You can fake a lot but not 2 years, 12 trips and a baby lol No one is saying they will refuse you. Your case sounds pretty clear cut. What they were saying is for people not to take anything DIBP say as gospel as they are not there to dish out advice. And often when they do it's incorrect or confusing. So often people call them, get told something and then their visa application goes pear shaped because they were misinformed. If if a person needs migration or visa advice, they should consult a reputable registered migration agent. They are the people best informed to give advice on a visa process. That is what people were mentioning as calling DIBP is not advised. Edited October 20, 2015 by Guest Typo Quote Link to comment Share on other sites More sharing options...
Liv Newton Posted October 20, 2015 Share Posted October 20, 2015 No one is saying they will refuse you. Your case sounds pretty clear cut. What they were saying is for people not to take anything DIBP say as gospel as they are not there to dish out advice. And often when they do it's incorrect or confusing. So often people call them, get told something and then their visa application goes pear shaped because they were misinformed. If if a person needs migration or visa advice, they should consult a reputable registered migration agent. They are the people best informed to give advice on a visa process. That is what people were mentioning as calling DIBP is not advised. Sorry I wasn't clear I only suggested phoning Immigration Border control as a point of call. My advice was given by a reputable immigration lawyer in Bronte. I can provide the nane if anyone wants it. Quote Link to comment Share on other sites More sharing options...
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