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Kathi96

(Temporary) Partner Visa application on tourist visa?

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Hey guys!
I hope someone might me able to help me with this.. I have been trying to find out the best way to apply for my partnership visa and even the official government site does not clear things up 100 per cent...

So I am a german girl who was backpacking Australia from the end of 2015 til the end of 2017. I was there on a working holiday visa (First for 1 year, then extended it to 2).
I met my boyfriend and we got together end of December 2016. So 1 year before my visa expired. A few weeks before my visa would have expired we travelled to Germany together and live with my family since. Now we decided out of numerous reasons that we would like to go back to Australia and make it our forever home. (So at this point we have been together just over a year and a half).

We want to apply for the temporary partner visa (subclass 820) and permanent partner visa (subclass 801). And as I understand it you apply for both visas at the same time when you are inside Australia, but only pay the fee of roughly 7000 AUD once?

Now this is why I am so confused:
On what visa do I get to Australia with to apply for the partner visa? As I already applied for the WHV its not an option. I read that you can apply for a tourist visa and apply within those 3 months, bu then again on  the government site it says: "You should enter Australia on an appropriate visa for your intended purpose and length of stay. If you are intending to move to Australia and live there permanently, you should obtain an appropriate migration visa before you go. Please note: If you have a "no further stay" condition on your temporary visa, it may not be possible to apply for a further visa from within Australia."

IT MAY NOT BE POSSIBLE TO APPLY FOR A FURTHER STAY VISA from within Australia? May or may not?? I am confused. So I really dont know any other way and would do it like that but now I am concerned that it may not be possible like that? Please help me!!

We want to leave soon (middle of September) as well so heeeeeelp. 😞

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You apply for it offshore (309/100), much easier. They’re not taking too long from low risk countries these days. Otherwise you run the risk of being turned around at the border for not being a bone tide tourist (you wouldn’t intentionally lie to Immigration I am sure). Offshore applications are quite a bit quicker than onshore ones at the moment. 

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Posted (edited)

I’m no an expert but this is also something that comes up with aged parent visas.

You can’t enter on a tourist visa if it is your intention to apply for another visa and stay in Australia. But it’s ok to enter as a genuine visitor, and then make a decision to apply while there. So you have to enter as a real visitor, which means a return ticket and to have a home and possibly a job to return to.

There is a TV show where the cameras follow working immigration officers. In one episode a young German girl was deported and banned for three years under very similar circumstances.

Anyone returning to Australia after having previously held two working holiday visas, appear to get a hard time by immigration at the airport. You may be searched with your phone messages and social media profile scrutinised. And they may also phone your family or boss to confirm it is your intention to return home.

Edited by SusieRoo

173 Visa lodged - March 2016

(Big mistake in applying for a 173 and now realise we should have gone directly for a 143)

Expected visa grant date - August 2020

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Posted (edited)

Good luck also!

Edited by SusieRoo
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173 Visa lodged - March 2016

(Big mistake in applying for a 173 and now realise we should have gone directly for a 143)

Expected visa grant date - August 2020

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So could I apply for it offshore and then apply for the visitor visa (subclass 600) to come to australia for 12 months and hope it will be granted within those 12 months being there? And the just fly to bali or whatever when it gets granted?

 

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With a 600 visa you still have to be a genuine tourist to qualify and you may need to prove it is your intention to return to Germany. I don’t know how long the offshore application takes to process, but it may be better to wait instead of jeopardising your partner visa.

You could always seek the advice of a good immigration agent.

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173 Visa lodged - March 2016

(Big mistake in applying for a 173 and now realise we should have gone directly for a 143)

Expected visa grant date - August 2020

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No I mean applying for the partnervisa first and then coming over on the 12 month tourist visa just for being a tourist while waiting for the partner visa to be granted. cause the offshore visa takes up to 15 months to be granted and i cannot be seperated from my boyfriend for this long? 😞 And he has to leave in september cause his visa for here is running out

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You can let your case officer know you are coming on a tourist visa but you will need to be out of the country before the visa is issued.  Visas in London are being processed quite quickly - 2 months or so. If you apply now then you can see how things pan out. Of course you can be separated from your boyfriend for only 15 months, you may not want to but it’s perfectly possible. Get all your evidence and put it in this week!

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2 hours ago, Kathi96 said:

No I mean applying for the partnervisa first and then coming over on the 12 month tourist visa just for being a tourist while waiting for the partner visa to be granted. cause the offshore visa takes up to 15 months to be granted and i cannot be seperated from my boyfriend for this long? 😞 And he has to leave in september cause his visa for here is running out

As Quoll said, currently offshore visas are being processed very quickly so September wouldn't be a problem. 

The question is, which would you rather do?  Apply offshore and perhaps not see your boyfriend for a few months?  Or try to sneak into Australia on a tourist visa, get found out and get banned for three years? I don't think you really have a choice.

 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Posted (edited)

I wouldn't be sneaking in. Heard at work today that a lady (cousin of a friend) was turned back at Melbourne airport today as she tried to enter on a tourist visa but they checked her details and found out she was in fact intending to apply for an 820 onshore, she was turned back at the border and now has to return to the UK, with a 3 year ban. Her partner (the Aussie) crossed the border and now he's in Victoria and she's in the UK and they now face one helliva dilemma.  Had they applied for the 309, they could've entered legally within a few months. 

Alternatively, apply for the 309 and if it's not granted in time, advise your CO you're travelling on a reccie trip, giving date of arrival and intending date of departure and arrive with a return ticket, and then you can nip offshore if your grant comes thru, and on a 600 don't you have to leave every 3 months anyway? Make sure you advise CO of 600 tourist visa application otherwise it could override your 309 application and delete it. 

Edited by Beffers
  • Like 1

309/100 lodged 03.02.2017 - Meds/UK Police requested 10.02.17 - AFP requested 04.03.2017 - Health Clearance 05.04.17 - AFP uploaded 26.04.17 - 100 Granted 02.05.2017 - arrived Melbourne 16.06.2017 and now living our dream  🇦🇺 

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I can only concur - don't sneak in, it's not worth the risk. Offshore visas are processed fairly quickly these days (a matter of months). I understand being apart from your partner is not ideal (I've been there 😉 ) but really, in the grand scheme of things, what's a few months in a committed relationship? I had to wait seven months between lodging my offshore application and actually moving to Australia, though I did go there on a short holiday on a visitor visa in the meantime (so it's definitely possible!). All I can say is, it flies much, much quicker than you think. You have SO much to do in the meantime, saying goodbye to family and friends, sorting out your belongings, deciding what to take and what to leave, packing and shipping to Australia, canceling your phone, internet, etc, and ticking off boxes on that bucket list of things you never took the time to do (we take Europe for granted, trust me, I regret not visiting more).

 

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7 hours ago, TheWayOfThePony said:

I can only concur - don't sneak in, it's not worth the risk. Offshore visas are processed fairly quickly these days (a matter of months). I understand being apart from your partner is not ideal (I've been there 😉 ) but really, in the grand scheme of things, what's a few months in a committed relationship? I had to wait seven months between lodging my offshore application and actually moving to Australia, though I did go there on a short holiday on a visitor visa in the meantime (so it's definitely possible!). All I can say is, it flies much, much quicker than you think. You have SO much to do in the meantime, saying goodbye to family and friends, sorting out your belongings, deciding what to take and what to leave, packing and shipping to Australia, canceling your phone, internet, etc, and ticking off boxes on that bucket list of things you never took the time to do (we take Europe for granted, trust me, I regret not visiting more).

 

You're so right about Europe and I've travelled a lot,. It still not enough now I'm on Oz lol

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309/100 lodged 03.02.2017 - Meds/UK Police requested 10.02.17 - AFP requested 04.03.2017 - Health Clearance 05.04.17 - AFP uploaded 26.04.17 - 100 Granted 02.05.2017 - arrived Melbourne 16.06.2017 and now living our dream  🇦🇺 

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Hi, can I just ask, does your partner has a residence in Oz? When we looked at this it asked for my husbands Oz address, but hes lived in the UK for 3yrs & has no Oz residence? How did you get round that?

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