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[dotdotslash]

Ok, thanks @snifter!

 

Looks like it will have to be onshore then since we can't run the risk that it takes 10-14 months since then I miss out the window to extend my 189 visa so I can stay on as PR (Residents Return Visa).

 

Yes, my partner would come over on a tourist visa, then apply onshore.

[Guest]

Now the thing is we are to decide if we should apply offshore or onshore before I no longer have enough time on 189 to extend it / move to Residents Return Visa to stay in Aus.

 

Is the situation still the same that we could apply onshore and wait for the 820? What are the waiting times for onshore vs offshore? Still the same?

 

Right now, we are thinking of building more evidence and moving to Aus at the end of May 2017 when I would have 2 years remaining on my 189 so I can extend it. Does this seem like it could work?

 

I don't get why you don't apply off shore now if you are aiming at May 2017. Chances are it would be granted by the time you go or soon after. And your partner would be in Aus on a tourist visa anyways for the first few months even if applying on shore. Would mean a trip off shore so it could be granted but thats something lots do anyways. If you have the full 12 months of solid evidence (or more) then its entirely your call, whatever you feel comfortable with. Look into your options either way

[dotdotslash]

Thanks! We will consider our options and play out both scenarios.

 

The danger is that if we apply in Oct - Nov and it takes 10-14 months, then we are looking at initial entry of Aug 2017 at the earliest and Dec 2017 at the latest. Of course, that assumes worst case processing times. The Pros are that my partner wouldn't need any kind of bridging visa. You've got a point that my partner could come over with me in May 2017 and by the time the 3 month tourist visa runs out, it would work out more or the less the same thing as any bridging visa would kick in in August anyway.

 

So in summary it basically depends on the amount of risk we decide to handle on the processing times of the Visa.

 

Offshore with application date of Nov 2016:

 

Cons:

* Less hard evidence of our life together

* Visa may only be approved in Dec 2017 at worst case.

* Partner may be forced to remain offshore without me and maintain 2 places to live etc since she can't continuously stay on tourist visas.

 

Pros:

* Visa could be approved Aug 2017 or sooner, which means my Partner could start working right away in Aus.

* No bridging Visa.

 

 

Onshore with application date of May 2017:

Cons:

* Partner will have to wait 3 months until tourist visa expires before Bridging visa starts

* Requires bridging visa which can be difficult to find work on

 

Pros:

* Even more time and hard evidence of our life together which means a stronger case

* No risk that Partner and I will be separated if visa processing is delayed

* No need to maintain 2 residences since we can move to Aus and not maintain a residence in the UK.

[katemav26]

Hi Dotdotslash, have you spoke to a migration agent?, I was In Aus for 4 years and my visa expired I am back in the UK and have had to apply for a PMV offshore, although I have been with my partner for 2 years we lived apart due to work commitments and don't feel we had sufficient evidence as they are very strict, I am still waiting for a CO and have been here for 3 months its hard being apart but its the only way for us atm. I would suggest maybe talk with one as your case seems abit complex. good luck

[dotdotslash]

Thanks @katemav26

 

Luckily we've not lived apart (which seems to be a BIG deal) and we've been collecting hard evidence so we feel that we have a pretty straight-forward case. Of course, it is still stressful and that's why we are tempted to wait even longer before applying.

 

We might consult with a migration agent, since I agree, it isnt the most obvious of cases like a marriage for 10+ years.

[Marisawright]

 

Luckily we've not lived apart (which seems to be a BIG deal) and we've been collecting hard evidence so we feel that we have a pretty straight-forward case. Of course, it is still stressful and that's why we are tempted to wait even longer before applying.

 

If you've been living together for the entire 12 months then I can't see why you're worried - unless the early months were house sharing and not really in a relationship, for instance.

 

Why don't you just apply now, and then just stay in the UK until it comes through? If it takes longer you simply apply for your RRV, I don't see the problem.

[dotdotslash]

Why don't you just apply now, and then just stay in the UK until it comes through? If it takes longer you simply apply for your RRV, I don't see the problem.

 

The trouble comes with the fact that I've not been resident long enough in Australia to qualify for RRV. Correct me if I'm wrong, but I believe that I need to show 2 years of residence in Australia to qualify for an RRV?

 

My circumstances are very different. I applied and was lucky enough to receive a 189 Visa, but then life happened and I only spent about 1 or 2 months in Australia. Then I met my girl and stayed in the UK with her.

 

Now the time on my 189 Visa is running out, but we'd both like to go across and make our life there.

[Guest]

Thanks @katemav26

 

Luckily we've not lived apart (which seems to be a BIG deal) and we've been collecting hard evidence so we feel that we have a pretty straight-forward case. Of course, it is still stressful and that's why we are tempted to wait even longer before applying.

 

We might consult with a migration agent, since I agree, it isnt the most obvious of cases like a marriage for 10+ years.

 

If you have been de facto for 12 months plus and have decent evidence to support this I don't get why you are worrying so much. Lots of couples have only been together a year or two when applying.

 

Run your case past an agent and see what they say as to on shore or off shore. Your partner would enter Aus on a tourist visa if applying on shore but be without work rights for a few months iirc, as I said before. Off shore it may well be granted before you go or soon after you arrive and it shouldn't be difficult for your partner to nip off shore for a few days so the visa can be granted.

 

I don't get holding off longer if you meet the requirements now but that is me. Everyone is different.

[dotdotslash]

If you have been de facto for 12 months plus and have decent evidence to support this I don't get why you are worrying so much. Lots of couples have only been together a year or two when applying.

 

Run your case past an agent and see what they say as to on shore or off shore. Your partner would enter Aus on a tourist visa if applying on shore but be without work rights for a few months iirc, as I said before. Off shore it may well be granted before you go or soon after you arrive and it shouldn't be difficult for your partner to nip off shore for a few days so the visa can be granted.

 

I don't get holding off longer if you meet the requirements now but that is me. Everyone is different.

 

 

We've decided to speak to a Migration Agent to hear what they think about our case. Thanks to everybody for answering all my questions.

 

On the one hand, it is tempting to apply offshore for all of the very good reasons already mentioned, but we've been a bit spooked by the long processing times, how strict they can be about defacto evidence and the risk of missing the window for me to enter Aus so I can accrue enough time to stay on with a RRV towards citizenship/PR.

 

On the other hand, it is tempting to apply onshore because it gives us more time to build solid evidence simply as time goes on by living together and having shared bills and lives together. It also gives us a known date when we can enter Australia with enough time to secure my RRV. The obvious downside being the work restrictions on my Partner while waiting for the visa and obviously bridging visas aren't ideal.