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Bringing Indonesian to Australia permanently


SonicBlue82

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HI All,

It's been a little while since I've been active on the forums! I had quite the fiasco with my own visa affairs... I was on a working holiday (from Canada) and extended to a 2nd year working holiday. At the end of my 2nd year working holiday I applied for an RSMS subclass 187 visa and after several months (11 months if I recall), my employers' nomination for the sponsorship was refused which in turn meant that my visa application was also refused. We took the matter to the MRT and won the appeal. The MRT actually overturned the decision to refuse the nomination and approved it. It was the best possible outcome we could have hoped for. The visa application was then sent back to immigrations and I finally had my PR approved. A year later I was eligible for citizenship and became a citizen on 26 January 2016. Coming up on my 2nd anniversary! Anyway, I took a break from the forums and just wanted to get on with my life! But now I'm back for some much needed help and advice. I would like to find out what options are out there to bring my partner over to Australia from Indonesia.

My partner is 30 years old, turning 31 in June. Still eligible for a Work and Holiday visa. Just...

Here is what's been running through my head. I welcome any questions/suggestions and discussions that will be of help here.

My partner has never been to Australia. First, I want him to experience it before "making the move" and he agrees. Although he is adamant that he will move here for us to be together. Still have to be sensible!

By the sounds of it, a Visitor visa (subclass 600) would likely require sponsorship and is obviously a one-time visa for him to come. Not really too appealing. The other option would be for him to come on a Work and Holiday visa (subclass 462) which would be more ideal, allowing him to stay in the country for 1 year. The only issue with the Work and Holiday visa is he would need to enter Australia before he turns 31 in June... not a whole heap of time.

I think the better option would be the Work and Holiday visa if we can get him over here before he turns 31 (assuming the visa is approved). He could still come here for a couple of weeks, see the place and then head back to Indonesia to pack up his life over there and come back over. Obviously he would have the ability to do this on the Work and Holiday visa as it allows multiple entries whereas the Visitor visa only allows one entry (I think?).

Anyway, assuming he were to come over on a Work and Holiday visa, we would be looking at marriage in the coming months, as I don't know that we would be able to satisfy the living together for 12 months requirement for a partner visa on a defacto basis and marriage eliminates that requirement.

Some questions I have...

If we were to get married, could we apply for a Partner visa onshore from him being on a Work and Holiday visa OR a Visitor visa which would then put him on a Bridging visa until a decision is made?

If I recall, the Bridging visa takes on the same conditions of the previous visa held. So if he were to enter Australia on a Visitor visa and we get married and apply onshore for a Partner visa, he obviously wouldn't be entitled to work. But if he were to enter on a Work and Holiday visa and we were to marry and apply for a Partner visa onshore, he would be able to work.

What else am I thinking.... so the partner visa is around $7000 AUD. We wouldn't need to apply until close to the Work and Holiday visa expires, so that would give time to save up the cost of the visa.

Is there anything else I haven't thought of?

Are there any other scenarios or options I haven't considered?

Thanks in advance!

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fIf he comes on a W&HV then yes he can apply onshore for a Spouse Visa after you marry. 

Once he has applied, the Bridging Visa kicks in when the W&HV expires. When that happens, because it is a Spouse Visa application he gets full working rights at once. 

Bear in mind Onshore Spouse can take 2-3 years for grant at present.

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Thanks Nemesis. Exactly what I thought.

In the off chance that he doesn’t come in on the Work and Holiday visa and instead comes in on a Visitor visa, could he still lodge a Spouse visa onshore to allow him to stay in the country? And would he get work entitlements once the Spouse visa is lodged from a Visitor visa?

Also, what travel conditions would he have after lodging a Spouse visa onshore from a Work and Holiday visa and from a Visitor visa? I suppose once whatever visa he is on expires (W&HV or Visitor) and the Bridging (A) visa kicks in he would need to apply for a Bridging B visa each time he wishes to travel back to Indonesia yeah?

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20 minutes ago, SonicBlue82 said:

Thanks Nemesis. Exactly what I thought.

In the off chance that he doesn’t come in on the Work and Holiday visa and instead comes in on a Visitor visa, could he still lodge a Spouse visa onshore to allow him to stay in the country? And would he get work entitlements once the Spouse visa is lodged from a Visitor visa?

Also, what travel conditions would he have after lodging a Spouse visa onshore from a Work and Holiday visa and from a Visitor visa? I suppose once whatever visa he is on expires (W&HV or Visitor) and the Bridging (A) visa kicks in he would need to apply for a Bridging B visa each time he wishes to travel back to Indonesia yeah?

Yes he can apply while holding a visitor visa,the same applues - he gets full work rights once the Bridging Visa is in effect.

He would need a Bridging Visa B in orderto travel

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