Leons123 Posted July 21, 2015 Share Posted July 21, 2015 Hi all I am looking for a bit of advise so that I know what I am talking about before I contact a migration agent.Hopefully people will know the answer as my situation is not that complex I am just struggling to understand the rules here. I have been married to an Australian citizen for 6 years and have two children from the marriage. Both the children are Australian citizens. I am a UK citizen. We are currently living in the UK and I have not applied for any visa yet. We have been thinking about moving to Australia for some time and have been looking at the off shore partner visa, slowly getting all the documents together before making the application. However events have over taken us and we must act quickly. My wife has just been offered a job in Sydney and if we accept the offer she has 8 weeks before she starts. She could go to Sydney, start work and set up home. Leaving me to sell the house and tie things up here. If I applied for an offshore partner visa now it would take over 12 months to be granted. But I would like to follow on with the kids as soon as possible and would also need to work in Australia. I do not know what visa I can use to enter Australia giving me the right to work until the partner visa is granted. Entering on a tourist visa then applying for a partner 820 and bridging visa when I land seems a bit dishonest as I would have no intention of being a tourist. I don’t want to be dishonest I just want to find the visa that meets my situation. If the answer is I have to wait for the off shore partner visa to be granted before I could enter OZ and work it would mean that my wife would have to decline the job offer. Any thoughts on my situation would be welcome Thanks people Link to comment Share on other sites More sharing options...
PommyPaul Posted July 21, 2015 Share Posted July 21, 2015 it is a bit of a grey area, been through this process and the ex entered on a tourist visa then appiled onshore, wasn't a problem with diac but we did emphasize that we only made the decision to apply for the visa once we were in the country. if my memory serves me right you'll be issued a bridging visa till a decision is made so you can stay in the country.... worth checking out the immigration website to double check. Good luck mate Link to comment Share on other sites More sharing options...
Aussiegirl Posted July 21, 2015 Share Posted July 21, 2015 We use emmigration group in Cheshire, they have being brilliant, I got told from Aussie house in London, if my partner wanted to work while visa was coming in he could get a temp working visa until visa came through, and then would have to leave oz go to NZ or anywhere for visa to be activated, ring Australian house or a migration agent, all we had to send was all birth certificate and proof of relationship, utility bills, do your kids have Aussie passports ,and certificate of descent. Link to comment Share on other sites More sharing options...
Leons123 Posted July 21, 2015 Author Share Posted July 21, 2015 The kids have Aussie passports and citizenship certs. Thanks for the posts food for thought. Link to comment Share on other sites More sharing options...
Alan Collett Posted July 21, 2015 Share Posted July 21, 2015 I understand your ethical dilemma ... but many nevertheless decide to head to Australia and to apply onshore for a partner visa - with a resulting Bridging Visa that allows you to work in Australia once you have been in Australia for at least 3 months (ie once the period of stay permitted on the eVisitor visa has come to an end and the BV has come into effect). Feel able to also discuss this with one of my colleagues Marina Towner or Ian Harrop on 023 80 30 25 25. Best regards. Link to comment Share on other sites More sharing options...
Alan Collett Posted July 21, 2015 Share Posted July 21, 2015 We use emmigration group in Cheshire, they have being brilliant, I got told from Aussie house in London, if my partner wanted to work while visa was coming in he could get a temp working visa until visa came through, and then would have to leave oz go to NZ or anywhere for visa to be activated, ring Australian house or a migration agent, all we had to send was all birth certificate and proof of relationship, utility bills, do your kids have Aussie passports ,and certificate of descent. Not sure what temporary working visa you are referring to here ... maybe an employer sponsored 457 visa? There's no quick fix visa permitting work in Australia just because you have applied for a partner visa while outside Australia. Best regards. Link to comment Share on other sites More sharing options...
Bungo Posted July 21, 2015 Share Posted July 21, 2015 Hi all I am looking for a bit of advise so that I know what I am talking about before I contact a migration agent.Hopefully people will know the answer as my situation is not that complex I am just struggling to understand the rules here. I have been married to an Australian citizen for 6 years and have two children from the marriage. Both the children are Australian citizens. I am a UK citizen. We are currently living in the UK and I have not applied for any visa yet. We have been thinking about moving to Australia for some time and have been looking at the off shore partner visa, slowly getting all the documents together before making the application. However events have over taken us and we must act quickly. My wife has just been offered a job in Sydney and if we accept the offer she has 8 weeks before she starts. She could go to Sydney, start work and set up home. Leaving me to sell the house and tie things up here. If I applied for an offshore partner visa now it would take over 12 months to be granted. But I would like to follow on with the kids as soon as possible and would also need to work in Australia. I do not know what visa I can use to enter Australia giving me the right to work until the partner visa is granted. Entering on a tourist visa then applying for a partner 820 and bridging visa when I land seems a bit dishonest as I would have no intention of being a tourist. I don’t want to be dishonest I just want to find the visa that meets my situation. If the answer is I have to wait for the off shore partner visa to be granted before I could enter OZ and work it would mean that my wife would have to decline the job offer. Any thoughts on my situation would be welcome Thanks people It is a shame you did not apply for the partner visa before your wife started applying for jobs and before the recent enormous price increases as well! You are right that it is not strictly above board to enter the country pretending to be a tourist and then apply for a partner visa. People do it thought and indeed many get away with it too, but it is a decision you need to weigh up. Arriving with your Australian citizen family might be suspicious, it might mean you are questioned, then again you might walk straight through. If you want to do it without any risk though, then the order is visa first, move second. We use emmigration group in Cheshire, they have being brilliant, I got told from Aussie house in London, if my partner wanted to work while visa was coming in he could get a temp working visa until visa came through, and then would have to leave oz go to NZ or anywhere for visa to be activated, ring Australian house or a migration agent, all we had to send was all birth certificate and proof of relationship, utility bills, do your kids have Aussie passports ,and certificate of descent. What temporary work visa do you mean? I can only think of the 457 visa, which would mean OP needs to find a job, sponsor etc. and jump through all those hoops. Certainly there is nothing straightforward about getting a "temporary work visa". Link to comment Share on other sites More sharing options...
Leons123 Posted July 21, 2015 Author Share Posted July 21, 2015 Yes hindsight is a wonderful thing Bungo. The wife has not been applying for jobs yet as we have been in no rush in getting my visa application together however an old work contact has made her an offer out of the blue that is difficult to turn down. Link to comment Share on other sites More sharing options...
Leons123 Posted July 21, 2015 Author Share Posted July 21, 2015 Hey thanks everyone for your answers they are very useful Link to comment Share on other sites More sharing options...
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