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Offshore spousal visa application possible if not in home country?


elle99

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My husband is Australian, I am Canadian and we have been working and living in Africa since we were married over three years ago.

His contract ended and he accepted work in Australia - he has just completed his probation period so as it now looks like a permanent position

I am looking to join him in Australia. 

We were gob-smacked by the $7k price of a partner (309/100) visa, so we have now been apart over 6-months to save up for that :/ 
But as a Canadian citizen I don't think I can apply for a spousal visa offshore if I am not residing in my home country and my residence visa is

about to expire in the country I am currently residing in.

Does anyone here have any experience or knowledge of that? We cannot find any information about that online and we both work out of town

so cannot check with the local authorities during business hours :/ in person...

So I think, barring having to go back to Canada and wait for 20-or-more-months >.<  I think my only option is to go to Australia on a tourist visa

and apply for an onshore spousal (820/801) visa. I realise I won't be able to work for the term of the tourist visa, but at least we won't 

have to have a relationship via Skype anymore ;) 

Any input is welcome :)

 

 

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I’d give one of the agents who post on the forum a call and run your case past them to be fully informed as to your best course of action.

I don’t know re the status in Africa and think you should at least check things out given you have been apart for 6 months at present. 

@Richard Gregan @Alan Collett @Raul Senise @wrussell 

Fwiw if it’s possible to do, the on shore option would mean you are back together a lot quicker. The wait time between lodging and grant is long these days but the bridging visa comes with work rights. Ensure you can document your time apart.

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You can do an offshore application from anywhere, as long as you aren't in Australia at the time of application.  Or if you are in Australia, you can lodge an onshore application.  If you arrive on a visitor visa (as a Canadian, you're eligible for an ETA) and then lodge an application, you'd be granted a bridging visa that takes effect when your visitor visa expires (or when you don't leave if it only allows 3-month stays).  The bridging visa comes with work and study rights.

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I was not living in my native country when I applied for an offshore fiance visa. It was never a problem, I just had to provide extra documents (certified translations of documents originally issued in my native tongue - birth certificate and the likes; and police check in country of residence + in my native country as I had accumulated over 12 months there in total over the past ten years - be aware that it is cumulative, so it's not 12 months in a row! a week here or there do add up...). Not sure if it is different for a spouse visa tough... Good luck!

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