Strange query

[FNQ24]

Hi guys,

Hoping you can help me out.

This is an odd query, but here goes.

I am currently on a BVA from the 187 application lodged. I no longer work for the sponsor, but obviously have full work rights, so working with another employer. My partner and I are looking to apply for a partner visa. My options are to leave the Australia on a BVB, and lodge an offshore partner visa, return to Australia on the BVA and hope that the 187 visa is refused close the offshore partner visa is granted(fully willing to leave to wait for the partner visa to be granted), or, should I withdraw the current 187 application, fly out of Australia and apply for an evisitor, to then return to Australia to lodge an onshore partner visa. That would be a five day trip.

Really just hoping to do the right thing, and looking for some advice.

Thanks in advance....

[wrussell]

From what you have posted:

Unless your partner is an Australian citizen, or permanent resident, or an eligible NZ citizen, you cannot lodge a valid partner visa application. 

[FNQ24]

1 minute ago, wrussell said:

From what you have posted:

Unless your partner is an Australian citizen, or permanent resident, or an eligible NZ citizen, you cannot lodge a valid partner visa application. 

Thanks for the reply. yes indeed, my partner is Australian.

[wrussell]

In that case why do you want to depart Australia?

[FNQ24]

I will need to either withdraw the 187 visa and have to leave Australia, to either get an evisitor to re-enter Australia to apply for an onshore partner visa, or to apply for an offshore partner visa, and return on the current BVA to allow work rights. 

[Marisawright]

21 minutes ago, FNQ24 said:

I will need to either withdraw the 187 visa and have to leave Australia, to either get an evisitor to re-enter Australia to apply for an onshore partner visa, or to apply for an offshore partner visa, and return on the current BVA to allow work rights. 

If wrussell thinks it's unnecessary for you to leave Australia to achieve your goal, then it's probably unnecessary.  He's a very experienced migration agent.  There must be something you're missing.

[welljock]

8 minutes ago, Marisawright said:

If wrussell thinks it's unnecessary for you to leave Australia to achieve your goal, then it's probably unnecessary.  He's a very experienced migration agent.  There must be something you're missing.

I would agree, also your chances of getting back in on an evisitor visa is not certain, you may get turned back at Immigration as your intention is not to visit. 

[FNQ24]

49 minutes ago, wrussell said:

In that case why do you want to depart Australia?

 

22 minutes ago, Marisawright said:

If wrussell thinks it's unnecessary for you to leave Australia to achieve your goal, then it's probably unnecessary.  He's a very experienced migration agent.  There must be something you're missing.

Guys, thanks for the replies. I'd be extremely interested in finding a way to apply for an onshore partner visa, after withdrawing my 187 application. If I don't need to leave Australia to do so, then please let me know. It's just the lack of work rights with the offshore partner visa that is the issue there. 

[Marisawright]

1 hour ago, FNQ24 said:

 

Guys, thanks for the replies. I'd be extremely interested in finding a way to apply for an onshore partner visa, after withdrawing my 187 application. If I don't need to leave Australia to do so, then please let me know. It's just the lack of work rights with the offshore partner visa that is the issue there. 

Given the importance of the situation and the implications of getting it wrong, I'd strongly suggest you hire an agent like wrussell to advise you.  Yes, it's going to cost you a fee, but it sounds like it would save you an air fare and enable you to work, so in the end it will pay off.  Besides, isn't your relationship worth it?

Edited August 15, 2018 by Marisawright

[FNQ24]

56 minutes ago, Marisawright said:

Given the importance of the situation and the implications of getting it wrong, I'd strongly suggest you hire an agent like wrussell to advise you.  Yes, it's going to cost you a fee, but it sounds like it would save you an air fare and enable you to work, so in the end it will pay off.  Besides, isn't your relationship worth it?

Thanks for the message. I don’t disagree with anything you said, but having been scammed out of 18,500 to date from previous agent, I'm not in a financial position to take on someone to assist us. 

I'm just trying to ascertain what I can do moving forward, despite previous advice from an agent stating that I must do either of my first post. 

After our mother passed away last year, I'm here to support my Australian born sister and her son, as she's going through heavy cancer and her son's father passed away. So far, I've been screwed over, and just looking for a point in the right direction to do the right thing, and lodge this ourselves. 

[rammygirl]

Can you not just apply for an onshore partner visa, provided you meet the requirements?

[FNQ24]

1 minute ago, rammygirl said:

Can you not just apply for an onshore partner visa, provided you meet the requirements?

If it is that easy, then great, we'll do that. That's what I'm trying to find out on here for sure, if it's the correct way forward. 

 

We meet the requirements and have started gathering everything to start the application. 

[rammygirl]

Well I don’t know for sure. I appreciate you might not want an agent to do everything but paying for a review of your personal circumstances and getting sound advice on the best way forward may be well worth it. Why not contact Westly who posted earlier, he is good with complicated cases and I believe his prices are reasonable.

 

[FNQ24]

Thanks. Already paid a alternative agent to assess my case, but he's on holiday til mid September, and he suggested only the options I stated in first post. I find it hard to believe that one doesn't supers the other which could be withdrawn before applying, or after. The need to leave Australia to do this just baffles me. 

[Tulip1]

10 minutes ago, rammygirl said:

Well I don’t know for sure. I appreciate you might not want an agent to do everything but paying for a review of your personal circumstances and getting sound advice on the best way forward may be well worth it. Why not contact Westly who posted earlier, he is good with complicated cases and I believe his prices are reasonable.

 

And he won't scam you either thats for sure 

[wrussell]

From what has been posted, I feel that whatever strategy the OP adopts there is the potential for things to go wrong.

Being offshore and having a visa refused is not good and having lodged two two application leading to PR and having withdrawn one of them an issue with meeting the GTE criterion for a visitor visa could be expected to arise.

Being onshore without a substantive visa and lodging a partner visa application is not good either.

Since the OP has engaged an agent  (presumably a registered migration agent) to assess the case there is little to be gained by offering opinions with

out a full knowledge of the circumstances of the case.

If the alleged 18K scammer was a registered migration agent, there are remedies available.

[FNQ24]

1 hour ago, wrussell said:

From what has been posted, I feel that whatever strategy the OP adopts there is the potential for things to go wrong.

Being offshore and having a visa refused is not good and having lodged two two application leading to PR and having withdrawn one of them an issue with meeting the GTE criterion for a visitor visa could be expected to arise.

Being onshore without a substantive visa and lodging a partner visa application is not good either.

Since the OP has engaged an agent  (presumably a registered migration agent) to assess the case there is little to be gained by offering opinions with

out a full knowledge of the circumstances of the case.

If the alleged 18K scammer was a registered migration agent, there are remedies available.

I appreciate the response, wrussell. 

It appears that wherever I seek such information, it will cost me. Either that, or the question I'm asking is not a simple answer, nor resolve. 

I will just follow my gut, and hope for the best. 

And yes, the alleged agent will be taken to task, once I'm secure in my future. The agent will be reported to OMARA, and the employer working in cahoots with the agent will be brought to the attention of immigration and the ATO. 

So sad that there's good people out there in the immigration agent sector, yet there's applicants and agents who are destroying the industry and applicants who are ruining chances of those applicants who are genuine by exploiting the system, allegedly. 

[Raul Senise]

10 hours ago, FNQ24 said:

It appears that wherever I seek such information, it will cost me. Either that, or the question I'm asking is not a simple answer, nor resolve. 

It is because your situation is complex that good information and advice will cost you. Most experienced Agents will not give advice on such a complex matter based on a few lines on a forum. Your matter needs to be researched carefully against the latest Regulations and Policy, based on your specific set of circumstances and needs. This will take time and ultimately it is the Agents reputation which is at risk, if things go wrong.

10 hours ago, FNQ24 said:

And yes, the alleged agent will be taken to task, once I'm secure in my future. The agent will be reported to OMARA, and the employer working in cahoots with the agent will be brought to the attention of immigration and the ATO. 

I hear this often and do not understand why people who feel they have been ripped off want to wait until their visa issue have been resolved, before reporting the matter. If you wait, it may be too late.

10 hours ago, FNQ24 said:

So sad that there's good people out there in the immigration agent sector, yet there's applicants and agents who are destroying the industry and applicants who are ruining chances of those applicants who are genuine by exploiting the system, allegedly. 

The Immigration industry is like any other and there are good and bad people involved in it. 

In my opinion, the current dysfunctional system, with it's constant changes, increased costs and ballooning processing times, is playing right into the hands of the  scammers.

Many applicants do not like hearing the truth from a reputable Agent and fall prey to the scammers who promise all kinds of solutions, but deliver nothing but disappointment and anguish.

Good luck with your situation, I hope it works out for you.

[wrussell]

Quote

In my opinion, the current dysfunctional system, with it's constant changes, increased costs and ballooning processing times, is playing right into the hands of the  scammers.

You did not mention unregistered agents running riot, with the approval (collusion?) of DoHA.