Go to Aus whilst waiting for Partner Visa?

[greenwoodryan96]

Hi guys, first post here! 

 

Okay, so basically, I'm wondering what the best way to do this is. 

I would like to apply for a partner visa subclass 309 (the one which ends with permanent residency after 2 years) so I can live in Australia with my girlfriend (she's the Aussie) and also be able to travel back and forward to the UK without having to get a different visa each and every time. 

We are both currently in the UK, and she has until June 30th 2018 until her UK working holiday visa expires and has to go back to Australia, and obviously I want to go too!

Problem is, on the Aussie immigration website, it says the current processing time for the 309 temporary visa is 70% completed in 13 months, and 90% in 16 months. June is only 10 months away. 

What's the best way to go about this? Is there a different visa I can get to go to Australia in June next year and apply for my Partner Visa? Am I even allowed to travel to Australia on a separate visa whilst my partner one is being processed? 

Or is it better to go to Australia on a 6/12 months visitor visa, then apply for my partner visa whilst I'm there (if that's even allowed)? 

Thank you so much in advance! This is a confusing and slightly stressful process, but obviously so, so worth it. 

[KLeanne]

Hi guys, first post here! 
 
Okay, so basically, I'm wondering what the best way to do this is. 
I would like to apply for a partner visa subclass 309 (the one which ends with permanent residency after 2 years) so I can live in Australia with my girlfriend (she's the Aussie) and also be able to travel back and forward to the UK without having to get a different visa each and every time. 
We are both currently in the UK, and she has until June 30th 2018 until her UK working holiday visa expires and has to go back to Australia, and obviously I want to go too!
Problem is, on the Aussie immigration website, it says the current processing time for the 309 temporary visa is 70% completed in 13 months, and 90% in 16 months. June is only 10 months away. 
What's the best way to go about this? Is there a different visa I can get to go to Australia in June next year and apply for my Partner Visa? Am I even allowed to travel to Australia on a separate visa whilst my partner one is being processed? 
Or is it better to go to Australia on a 6/12 months visitor visa, then apply for my partner visa whilst I'm there (if that's even allowed)? 
Thank you so much in advance! This is a confusing and slightly stressful process, but obviously so, so worth it. 

I called up AU immigration when I wasn't sure which way around to do it a few months back, and I was told it was best to apply for a partnership visa offshore, then if you want to go to Aus whilst it's being processed, then you can go on a tourist visa and stay for up to one year, but you'll need to leave every 3 months (either back to U.K., or a trip to Bali) I was informed that this was ok on two separate occasions, during phone calls. They informed me to definitely not do it the other way around-go on tourist visa and apply whilst on that visa in oz, and a fair few on this forum also advised against that too.


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[greenwoodryan96]

Okay, thank you very much for the reply! That's a little bit reassuring. 

My girlfriend just brought up something though - don't I have to be outside of Australia when they approve it though? How will I know when they're going to approve it to make sure I'm not there? 

[KLeanne]

Okay, thank you very much for the reply! That's a little bit reassuring. 
My girlfriend just brought up something though - don't I have to be outside of Australia when they approve it though? How will I know when they're going to approve it to make sure I'm not there? 

Yes, you do, I was told that once your visa is approved you need to leave and then re enter Australia.


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[KLeanne]

Okay, thank you very much for the reply! That's a little bit reassuring. 
My girlfriend just brought up something though - don't I have to be outside of Australia when they approve it though? How will I know when they're going to approve it to make sure I'm not there? 

I'm not sure how we would know though! But I think they may email and then you'd need to leave and re enter so it can be activated, that's what I gathered from the calls.


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[Nemesis]

1 hour ago, KLeanne said:

I'm not sure how we would know though! But I think they may email and then you'd need to leave and re enter so it can be activated, that's what I gathered from the calls.


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They email you, tell you they are ready to grant the visa and ask a) where will you go when you go offshore for the grant and b) when you will you go. You give them the details, leave the country and they grant the visa. You validate it on your return to Australia 

[Guest]

What was said above. You can lodge the 309 and then use a tourist visa to enter Aus. And leave then the visa is ready to be granted and go off shore for a few working days, then visa is granted and you enter back into Aus on the 309. Your CO would email and notify you of this and have you arrange the off shore visit and you'd inform them of the flight info etc. They would need to current valid email address on your application for this so ensure whatever one you use can be accessed from anywhere (ie don't use one tied into a UK phone plan that will be cancelled once you head to Aus, use a Gmail addy or something you can access from anywhere). 

At present although the listed processing times are long they do seem to be speeding though quite a few much more quickly. However, this is not a given nor should you expect it. But consider it a bonus if it is granted sooner is how to look at it. Many are seeing grants within 6 months for the 309 but this is as I said, not a given. 

I would say its preferable to apply off shore over on shore as that processing time is really running to 15 months plus at present and there isn't any sign of quicker processing. Plus you would be on a bridging visa once your tourist visa runs out and this will mean needing to apply for a different bridging visa to depart and re enter Aus (there is a charge for it also) plus many employers are not keen or understanding of the work rights on a bridging visa and so work can be difficult to secure. 

With all that in mind, the 309 would be my preference. Chances are it may well be granted ahead of your planned move, if not soon after. And a 3 month stay in Aus on a tourist visa isn't the end of the world. It could be ready to grant 3 weeks after you arrived, who knows. 

 

[Raul Senise]

On 19/08/2017 at 05:45, KLeanne said:

I called up AU immigration when I wasn't sure which way around to do it a few months back, and I was told it was best to apply for a partnership visa offshore, then if you want to go to Aus whilst it's being processed, then you can go on a tourist visa and stay for up to one year, but you'll need to leave every 3 months (either back to U.K., or a trip to Bali) I was informed that this was ok on two separate occasions, during phone calls. 

This is a recipe for disaster and terrible advice.

If you try and enter Australia multiple times on a visitor visa with only short gaps in between (i.e. quick trip to Bali or New Zealand) , you risk being pulled up at the airport and questioned whether you are a genuine visitor. If you are not considered to be a genuine visitor, you can be refused entry to Australia and sent back home with a re entry ban.

[Raul Senise]

On 19/08/2017 at 05:25, greenwoodryan96@gmail.com said:

Hi guys, first post here! 

 

Okay, so basically, I'm wondering what the best way to do this is. 

I would like to apply for a partner visa subclass 309 (the one which ends with permanent residency after 2 years) so I can live in Australia with my girlfriend (she's the Aussie) and also be able to travel back and forward to the UK without having to get a different visa each and every time. 

We are both currently in the UK, and she has until June 30th 2018 until her UK working holiday visa expires and has to go back to Australia, and obviously I want to go too!

Problem is, on the Aussie immigration website, it says the current processing time for the 309 temporary visa is 70% completed in 13 months, and 90% in 16 months. June is only 10 months away. 

What's the best way to go about this? Is there a different visa I can get to go to Australia in June next year and apply for my Partner Visa? Am I even allowed to travel to Australia on a separate visa whilst my partner one is being processed? 

Or is it better to go to Australia on a 6/12 months visitor visa, then apply for my partner visa whilst I'm there (if that's even allowed)? 

Thank you so much in advance! This is a confusing and slightly stressful process, but obviously so, so worth it. 

Probably best to run your specif scenario past a reputable Agent to obtain the best options appropriate to your situation.

[greenwoodryan96]

12 minutes ago, Raul Senise said:

This is a recipe for disaster and terrible advice.

If you try and enter Australia multiple times on a visitor visa with only short gaps in between (i.e. quick trip to Bali or New Zealand) , you risk being pulled up at the airport and questioned whether you are a genuine visitor. If you are not considered to be a genuine visitor, you can be refused entry to Australia and sent back home with a re entry ban.

Thanks. Not really sure, the poster above you had stated they have spoken to immigration twice and been told that's okay. Have you done it before? 

It's quite stressful and can't afford to make any mistakes. I think I would like to get it in writing from immigration themselves, stating that re-entry via this method is allowed so that if I was pulled up at arrivals, I could show them what they have told me. Plus I guess they'd be able to see my reasoning for wanting to be in Australia as I'd have all my info submitted for a partner visa. 

13 minutes ago, Raul Senise said:

Probably best to run your specif scenario past a reputable Agent to obtain the best options appropriate to your situation.

Yes, I did think that! I just wonder how much they ACTUALLY know in terms of the ins and outs of such a visa. I'd like to hope so, and I will speak to them, but I will definitely take advice from immigration themselves! Thanks

[Nemesis]

58 minutes ago, greenwoodryan96@gmail.com said:

Thanks. Not really sure, the poster above you had stated they have spoken to immigration twice and been told that's okay. Have you done it before? 

It's quite stressful and can't afford to make any mistakes. I think I would like to get it in writing from immigration themselves, stating that re-entry via this method is allowed so that if I was pulled up at arrivals, I could show them what they have told me. Plus I guess they'd be able to see my reasoning for wanting to be in Australia as I'd have all my info submitted for a partner visa. 

Yes, I did think that! I just wonder how much they ACTUALLY know in terms of the ins and outs of such a visa. I'd like to hope so, and I will speak to them, but I will definitely take advice from immigration themselves! Thanks

Raul Senise is a reputable agent and actually knows plenty about the subject! Do you have any idea of the amount of studying that goes into being an agent?! I'd be listening to him over DIBP any day. 

DIBP call centre operators on the other hand are not known for their accuracy of information and there is no way you would get that in writing. Entry deends on the person at the desk on the day, and coming and going on a 3 month eta like that will raise redflags very quickly.

 

Edited August 20, 2017 by Nemesis

[greenwoodryan96]

1 hour ago, Raul Senise said:

Probably best to run your specif scenario past a reputable Agent to obtain the best options appropriate to your situation.

So you're a reputable agent? What exactly do you suggest I do?

[ali]

3 minutes ago, greenwoodryan96@gmail.com said:

So you're a reputable agent? What exactly do you suggest I do?

If you get in touch with him i'm sure that you could hire him to advise you.

[ramot]

I have mentioned what happened to a friend of mine, yes on a different visa but very unpleasant experience.

She was on a 1 year visitor visa, sorry can't remember the no. but think it was some sort of parent visitors visa, which required her to leave every 3 months, then return for the same length after a trip away?

She was a well travelled ex pat. in her 60's who had a daughter in Sydney and another in NZ.

on her 2nd or 3rd return to Sydney from NZ having been away again for a couple of months, she was escorted from the immigration desk, her UK passport taken from her and shut in a room on her own for over 30 mins. After that she was grilled for a lengthy time about her motives, had to prove she was here as a tourist, and what places she had visited!!! 

She had broken no rules, but was given a very hard time before her passport returned. So if immigration can be so suspicious of someone who is abiding by the rules of her visa, then who knows how they will treat someone who keeps entering on a 3 month visa.

Also as a long term member, please new members be aware that the forum is very lucky to have free advice from the respected MA's who post.

 

[Guest]

6 hours ago, greenwoodryan96@gmail.com said:

Thanks. Not really sure, the poster above you had stated they have spoken to immigration twice and been told that's okay. Have you done it before? 

It's quite stressful and can't afford to make any mistakes. I think I would like to get it in writing from immigration themselves, stating that re-entry via this method is allowed so that if I was pulled up at arrivals, I could show them what they have told me. Plus I guess they'd be able to see my reasoning for wanting to be in Australia as I'd have all my info submitted for a partner visa. 

Yes, I did think that! I just wonder how much they ACTUALLY know in terms of the ins and outs of such a visa. I'd like to hope so, and I will speak to them, but I will definitely take advice from immigration themselves! Thanks

Even if you apply now and the visa isn't granted, you are only going to be apart for a few months at most if you did opt to remain in the UK while you partner heads on back to Aus. 

Honestly, in the grand scheme of things that isn't so bad. Plenty do this sort of thing if need be. 

Have you seen the partner visa thread where people are posting their application and grant times? Its not a given but its at least able to give you an idea of what you may be looking at in the best case scenario sort of thing and the worst. 

 

[KLeanne]

This is a recipe for disaster and terrible advice.

If you try and enter Australia multiple times on a visitor visa with only short gaps in between (i.e. quick trip to Bali or New Zealand) , you risk being pulled up at the airport and questioned whether you are a genuine visitor. If you are not considered to be a genuine visitor, you can be refused entry to Australia and sent back home with a re entry ban.

Really, if this is the case, then why does it state on the visa terms it self, that the visa holder may enter Australia three months at a time, and make multiple visits in and out of Australia during the time of the visa which is 12 months? I am just planning on abiding by the conditions of the visa! I don't really have any other choice so that my daughter can see her family. This was the visa suggested to me by immi and 2 MA.

[KLeanne]

Thanks

[Raul Senise]

8 minutes ago, KLeanne said:

Really, well if this is the case, then why does it stay on the visa terms it self, that the visa holder may enter Australia three months at a time, and make multiple visits in and out of Australia during the time of the visa which is 12 months, that's exactly what a tourist visa is for! To be a tourist. To tour around, which is exactly what we will be doing in and out of Australia. Like I stated above twice I have spoken to to my Migrant agents also.


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If the intention of this visitor visa was to stay in Australia for 12 months, why would they make you depart every 3 months? What you are proposing is not what the visa was designed for and multiple trips to restart the 3 months as you propose can raise suspicion. 

If you are happy to do this, then that is your decision.

6 minutes ago, KLeanne said:

Snifter you seem to agree that it's fine to do this, so why are so many people on this forum putting a downer on it!? Getting fed up with people scaremongering so it appears


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It has nothing to do with scaremongering. What you advised is a potentially dangerous pathway that can lead to  complications. To suggest otherwise is simply misleading. 

[KLeanne]

It has nothing to do with scaremongering. What you advised is a potentially dangerous pathway that can lead to  complications. To suggest otherwise is simply misleading. 

I just feel they are misleading people then, as it made me think this was absolutely fine by the way they state it on the visa terms. We would like to do some traveling around to various places in and out of Aus, but then settle there for the 3 months at a time, but do intend to come back to U.K. After the 12 months. Thing is it's all arranged now! So many people on this forum have said they've done it too though.

[Guest]

I've not said about coming and going multiple times in this thread I don't think. I replied to the OP to say about going and staying for a while if the visa isn't granted prior to leaving. Lots have done this and had their partner visa granted in that first 3 month stint so then gone off shore for visa grant. CO are aware this is done and while they generally won't advise it if an applicant asks and they make it clear it's at your own risk, they don't seem to say no (they can't, it's not their call to make for starters) and people apply for a tourist visa and travel at their own risk. I had a conversation with my CO about it all during my visa processing (CO called me) and it was discussed. 

I would have possibly done this myself had my partner visa not come through before we left (I applied when the processing times given were much more exact and you could pretty much bank on that 3 month window only so one stint in Aus was enough ). As it was it wasn't needed so never came into play and we moved after grant which was within the timeframe I had been given. 

The coming and going repeatedly is often contentious and can be an issue if immigration think you are not using the tourist visa correctly. I've read of people being pulled up on it. Immigration advice over the phone from a help desk isn't going to necessarily match what an immigration official at the airport says. There is no way of knowing ahead of time. 

I get people want to be in Aus but given the wait times it's not a certainty as to when a grant may come through and any plan to travel ahead of grant is I guess to be considered a risk. How much of one none of us can say with any certainty. 

Looking at your timeline you applied a month ago. It's rather a short timeframe after applying to be heading off. I tend to think of the 3 month stint as the last resort for the final bit of the wait. 

The on shore option is one people could investigate further if they need/want to be in Aus in a hurry for whatever reason and wish to be able to remain while awaiting a grant decision. Again it's not an ideal but in some situations it's possibly a course of action that may be better suited. 

If the processing times stated are factored in when applying then people should also consider the on shore option as it might work better for them than many months on a tourist visa unable to work or with any other important aspects that residency brings. 

 

 

[Guest]

1 hour ago, KLeanne said:

I just feel they are misleading people then, as it made me think this was absolutely fine by the way they state it on the visa terms. We would like to do some traveling around to various places in and out of Aus, but then settle there for the 3 months at a time, but do intend to come back to U.K. After the 12 months. Thing is it's all arranged now! So many people on this forum have said they've done it too though.

So you plan to travel round Aus as a family, then travel elsewhere, then head back to aus, travel some more overseas then head back to the UK? If you have flights booked for all this that is at least something. An end point back in the UK on the itinerary would be good.

I must admit I don't get your plan totally in terms of what you are doing, why and when but if you have a plan then follow it. Lots of people are genuine travellers and don't intend to misuse their tourist visa overstay it  That you have lodged an off shore partner visa application and are planning to wait out the grant time in aus and elsewhere as a tourist will hopefully be ok. 

[KLeanne]

I've not said about coming and going multiple times in this thread I don't think. I replied to the OP to say about going and staying for a while if the visa isn't granted prior to leaving. Lots have done this and had their partner visa granted in that first 3 month stint so then gone off shore for visa grant. CO are aware this is done and while they generally won't advise it if an applicant asks and they make it clear it's at your own risk, they don't seem to say no (they can't, it's not their call to make for starters) and people apply for a tourist visa and travel at their own risk. I had a conversation with my CO about it all during my visa processing (CO called me) and it was discussed. 
I would have possibly done this myself had my partner visa not come through before we left (I applied when the processing times given were much more exact and you could pretty much bank on that 3 month window only so one stint in Aus was enough ). As it was it wasn't needed so never came into play and we moved after grant which was within the timeframe I had been given. 
The coming and going repeatedly is often contentious and can be an issue if immigration think you are not using the tourist visa correctly. I've read of people being pulled up on it. Immigration advice over the phone from a help desk isn't going to necessarily match what an immigration official at the airport says. There is no way of knowing ahead of time. 
I get people want to be in Aus but given the wait times it's not a certainty as to when a grant may come through and any plan to travel ahead of grant is I guess to be considered a risk. How much of one none of us can say with any certainty. 
Looking at your timeline you applied a month ago. It's rather a short timeframe after applying to be heading off. I tend to think of the 3 month stint as the last resort for the final bit of the wait. 
The on shore option is one people could investigate further if they need/want to be in Aus in a hurry for whatever reason and wish to be able to remain while awaiting a grant decision. Again it's not an ideal but in some situations it's possibly a course of action that may be better suited. 
If the processing times stated are factored in when applying then people should also consider the on shore option as it might work better for them than many months on a tourist visa unable to work or with any other important aspects that residency brings. 
 
 

Thanks. Yep I considered applying onshore on a tourist visa, but was told this was even riskier! I don't see that I'll be breaking any conditions of the tourist visa this way, I mean why make it so that you can visit multiple times within a 12 month period, if they then see it as an issue?! I met lots of ppl on my WHV first time around who simply travelled on a tourist visa back and forth, and that's what I'm doing, only difference is I have also applied for a PR. Yep I'd have waited it out a bit longer, but it's my OH that wants us there next week, as he understandably does t want to miss out on anymore of our 1 year olds life, so he has persuaded me. He already stayed here for 3 months during Xmas, so can't really do that again. I'm just doing it the way I've been advised by Immi, MA and ppl on this forum! When I put up a post about going and applying on a tourist visa, I was told oh no that's so bad and risky, do it this way, so I took it on board and am doing it this way, and I'm being told the same! Lol. Anyway, I have no choice now, we leave in ten days, so I'm just trying to look forward to being a family again for a little while! But this thread really is t helping that lol.


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[KLeanne]

Okay, thank you very much for the reply! That's a little bit reassuring. 
My girlfriend just brought up something though - don't I have to be outside of Australia when they approve it though? How will I know when they're going to approve it to make sure I'm not there? 

Has this thread helped you decided de any further? Lol.


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[KLeanne]

So you plan to travel round Aus as a family, then travel elsewhere, then head back to aus, travel some more overseas then head back to the UK? If you have flights booked for all this that is at least something. An end point back in the UK on the itinerary would be good.
I must admit I don't get your plan totally in terms of what you are doing, why and when but if you have a plan then follow it. Lots of people are genuine travellers and don't intend to misuse their tourist visa overstay it [emoji4] That you have lodged an off shore partner visa application and are planning to wait out the grant time in aus and elsewhere as a tourist will hopefully be ok. 

Basically, my partner is coming here to England this week for one week holiday, then the three of us are traveling back to Australia where we will stay for three months, visiting family and just generally spending time with family, we will then travel to Bali for a week, then back to Australia, then we plan to go to Darwin in Melbourne to visit more of my daughter's family, then we are planning a trip to New Zealand for two weeks or maybe more, then back to Australia, that will already be six months up with to re-entries into Aus. After that we are not sure whether to do the same again, visit more family and come in and out of Australia further two times, then I come back to the UK after the 12 month period and wait for grant (hopefully) Will come back to UK after six months. That's how far we have got so far and it's all very legitimate,

[Guest]

47 minutes ago, KLeanne said:

Basically, my partner is coming here to England this week for one week holiday, then the three of us are traveling back to Australia where we will stay for three months, visiting family and just generally spending time with family, we will then travel to Bali for a week, then back to Australia, then we plan to go to Darwin in Melbourne to visit more of my daughter's family, then we are planning a trip to New Zealand for two weeks or maybe more, then back to Australia, that will already be six months up with to re-entries into Aus. After that we are not sure whether to do the same again, visit more family and come in and out of Australia further two times, then I come back to the UK after the 12 month period and wait for grant (hopefully) Will come back to UK after six months. That's how far we have got so far and it's all very legitimate,

 

I would hope your travel plans and the fact your husband is travelling with you for some/all of it is a plus point. You keep saying your daughters family which confuses me when reading. You mean your partners family don't you? So of course your daughters but it just sounds odd when reading. 

I must admit your plans are very unusual for someone applying for a partner visa. That you and your partner are apart already is also not the norm but it does happen to some couples. Probably why so many people are concerned you may have issues with immigration. I get you are all above board, but so long as you are aware immigration may not see it that way (especially if travelling in and out of Aus with a partner and child on an Aus passport) they may have questions. Having proof of funds to depart Aus and your travel plans etc ready to go would be good. 

You are aware that your partner visa could process far quicker than the listed processing time and it could be ready to grant in the first 3 months in Aus or some such. In which case you will need to arrange with your CO to depart Aus for a few days so the visa can be granted. You should have informed them of your plans and travel dates so as to ensure they know where to contact you so they can grant your visa when you go offshore.