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Partner visa for Aus 820/801


FionaJ22

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Hey guys,

 

Im a British citizen, My Boyfriend is Australian. we met on holidays in Thailand over 2013/14 new year. after meeting we went our separate ways but stayed in contact everyday.. in may of 2014 he came to visit me for 6 weeks, as we thought our relationship took off.

after he returned to Aus we stayed in contact everyday while i saved money to get a working holiday visa to go there to be with him for a year. i went there in November 2014, we lived together and our relationship grew.

being that i was to far from any regional work i didnt do my farm work, so he applied for a working visa here and we came back to England in Nov 2015, still living here but we want to go back to Aus around october this year (2016).

we are aware we can apply for a 309/100 visa but dont want to be here for the whole processing time, so weve been reading and it looks like we can go back to aus with me on a tourist visa and then apply for an 820/801 visa providing the tourist visa doesnt have the no further stay condition..

Im asking for advise on legality of doing this and how likely it is to work?

 

ive contacted the Aus embassy and a migration agent, they have both said that even though they dont advise it, it can be done this way.

 

Main things i want to know are;

what are the chances ill cop the no further stay condition on a tourist visa?

will i automatically get granted a Bridging visa A (BVA) once i apply for the 820/801?

and can i work on the BVA?

 

ive already got a job i can walk straight back into from when i was on my holiday visa so getting a job isnt a problem, i just want to do it legally and to an extent worry free!!

 

thanks in advance

Fi

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You are looking for assurances that nobody can give you. If you want to do everything properly (legally) and above board then you need to wait for the partner visa to be granted and go to Australia when it is. Going to Australia in order to lodge an onshore application is not the correct use of a tourist visa and if you were stopped and discovered you could be refused entry and even banned from Australia.

 

Many people have successfully done this though, but it is a risk and you need to understand that it is a risk. The advice you got from the agent and embassy sounds on the money to me.

 

You are unlikely to get a no further stay condition, in fact I don't think electronic visas ever have them. If you get in and lodge the partner visa application you will get BVA and at the moment these are coming with full work rights when a partner visa has been applied for.

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  • 1 month later...

Hi Fi,

 

How are you getting on with the partner visa? I'm considering my options at the moment with my girlfriend, looking at time it takes to get it sorted etc. I had started working towards a skilled visa but advised after several months that my skill set isn't wanted anywhere we want to go...

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  • 1 month later...

hi blighty,

In the end i applied for the 309/100 visa from England and submitted it at the end of June. Within a month i received a CO and had asked for police checks for Australia and UK as well as a health check. I managed this within 2 wks from contact with the CO. So now its just a waiting game...were hoping to return to Australia in November. But so far the process has been speedy. If you keep your application straight forward for the CO to understand it should speed up the application.

i hope that helps

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Maybe post and follow this thread for partner visas (http://www.pomsinoz.com/forum/migration-issues/58449-summary-spouse-visa-processing-times-offshore-uk-please-add-your-stats-1395.html) to get an idea of timelines. Most visas are processed in 9-10 months so you'll likely need to look into a visitor visa if you want to come to Australia in November.

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  • 3 weeks later...

hi Kate.

 

You should have an assigned case officer soon, i hope. My case officer told me i had 70 days to get my health and police checks, some people get asked a shorter time. (maybe depending on the days you get given you can assess if your visa will be approved fast or not?)

 

I am not sure as of when your visa will be approved after your health and police checks, as i am still waiting. My assigned case officer told me within first and only contact that it can take from 10- 14 months for the visa to be approved. Some other agents have also said the same thing, maybe to cover their backs? but, i personally i doubt that as we are from a low risk country. Low risk countries are 4-6 months (on immi site).

 

From looking through a lot of forums, many people have had theirs approved within 5-6 months, some times 4. So it really does vary.

 

I hope that answered your question.. or helps you get some idea of what to expect :)

 

Good Luck!

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That's perfect thank you! Wow I hope it's not that long haha! I would love it to be before Christmas! So ready to go back been here 3 months just miss my partner and our dog lol! Fingers crossed with yours would you mind keeping me updated on how you go? Good luck hope you don't have to wait the full 70 days!

 

 

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3 months is a long time!!

i phoned up the embassy yesterday asking what the best visitor visa is... and they said the subclass 600. You can choose 3, 6 or 12 months.. varies in price. Im going to apply for the 600 one.. started the application yesterday. It gets granted within a day- 2 wks. So i am going to do that.. its just means you cant work.

Once submitted just contact the embassy and they will contact you for the 3 working days you need to leave australia prior to your visa being granted.

So id say do what im doing!! its worth the extra money!!

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I would love to! I just can't afford to :( my partner was going to fly over at Christmas but for what it would cost we could use that money for my flight instead when it gets granted, will see il probably do it if it takes ages lol so impatient! Don't see why it takes so long! So frustrating

 

 

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I think it's only upto $300 but it buys you time for visa.. Yet it does cost more money to leave country.

It does take forever!! None of the application process makes any sense which is more time consuming. Luckily my boyfriend is in England with me .. But prior we had 5 months apart which is horrible! So I understand your situation.

That sucks.. Otherwise maybe you could meet halfway?

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Haha

Not long at all. The date I received the email.. I sent off for my uk police check on that day. The day after I did my Australia police check and made an appointment for the panel doctor. I got an appointment for the doctors the following wk costing £295.. Results came a wk later. And both the police checks came within 2 wks. :)

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That's awesome! Did you have to go far was there certain doctors did it take long? I'm trying to see if I would have to take a day off work, I wonder why they said within 70 days and some within 21 days such a nightmare! Seems it's the luck of the draw with the case officers

 

 

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There are several dotted around.. So I went to the one in London. There is list of panel doctors specialised for visas on the immi site. Fortunately I live an hrs train ride from London. I had to take the day off work as I spent just over an hour at the doctors but, my appointment was in the afternoon.

Yer I don't know why the days vary.. My 70 days ends st the beginning of October. So I'm going to wait till the middle of October to submit the visitor visa. I agree with that.. Maybe depends if your visa documents were straight forward and understanding.

Like you said.. It gets frustrating!

One thing I have noticed, is that I constantly look at my emails to see if there is anything from the embassy.

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I married my Australian wife in the UK in January last year. Came over here with her straight away on a tourist visa and applied onshore for a Temporary Partner Visa subclass 820 just before my tourist visa ran out. I have just received this morning my Temporary Partner Visa. I am 69 and she is 68 and we are both financially sound.

Not saying this will work for others but just sharing our experience. I did not use an agent but the form filling and information they require is very taxing and time consuming.

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Hi Fiona and Kate,

 

I'm in the middle of the application process too - I applied for a 309 visa end April, was assigned a CO end June, have submitted medicals and police checks and am now waiting.

 

I have been told that there is currently a minimum processing time of 6 months for this visa.

 

This does seem to tally with grant times of people on this site - most are granted around 6/7 months.

 

There are some that are granted at 3/4 months, all of them I have seen have been people who have been married for around 10 years and have kids - so not sure if they give special dispensation for that.

 

Check out this thread to see other people's processing times, I found it really useful.

 

http://www.pomsinoz.com/forum/migration-issues/58449-summary-spouse-visa-processing-times-offshore-uk-please-add-your-stats-1396.html

 

I too am finding the wait agonising and am checking my emails every day hoping for an early grant miracle!

 

Good luck to you both!!

 

 

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Hi Nikki! Good luck with your application hope its granted soon! I'm going the 300 visa the prospective marriage one, I couldn't do the partner one as due to work me and my partner had to live separately for 3 months so we missed out! But we can apply once we are married hoping they get a wriggle on its only been 4 weeks since I lodged and it's dragging haha! I'm so impatient! Keep us updated on how you go :)

 

 

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Hi Nikki! Good luck with your application hope its granted soon! I'm going the 300 visa the prospective marriage one, I couldn't do the partner one as due to work me and my partner had to live separately for 3 months so we missed out! But we can apply once we are married hoping they get a wriggle on its only been 4 weeks since I lodged and it's dragging haha! I'm so impatient! Keep us updated on how you go :)

 

 

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Thanks Kate, let us know how you get on too! I am fascinated with this whole process! X

 

 

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hi Nikki.

 

Looks like there is no specified time of when the visas get granted.. as their is no straight forward answer in this whole process due to every ones scenario being different.

 

I'm wishful thinking that my 309 visa will be granted by the end of October :/ but, just in case i'm applying for the visitor visa.

I didn't think the whole process would be so time consuming and frustrating.. i left the 309 very last minute as could have started it all last November knowing we wanted to return this November. Though i think the half of it, is trying to understand all the visas and what best suits you.

 

Good luck on your application!! Judging on most peoples visa being granted.. yours could be next :)

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