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KaytoPattzz

309 while in Japan (UK citizen) can I still get a 600?

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Hello,

Im new to the visa hell and going out of my mind with worry. I’m a UK citizen living I Tokyo with my Aussie husband and dual son age 1.

I applied for 309 partner visa in September, medicals and police checks uploaded in October. No further activity on the application at all.

We are leaving Tokyo in December to move to Australia, so I have applied for a 600 and requested 12 months. I actually applied for a three month evisa first but withdrew as I felt the 12 month one was better and more honest.

Met in 2011, lived together since 2012, married to my husband for almost 4 years and we have a 1yr old dual citizen child. I’ve front loaded the application - 96 documents just for me!

Any idea of timings for the 309?

Also, will the 600 be ok as I’m technically  not going as a tourist? I’ve fully explained the situation on the 600 form so they know exactly why I’m applying.

I appreciate any insight or experience sharing you have. Good luck to you all 😊.

 

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There is a very good chance they will refuse the 600 because you have stated you are not a tourist. 

 

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Thank you for your reply. 😃 

This is what I’m worried about. I was advised to apply for a 600 when I called the Australian embassy here in Tokyo and explained my worry about the 309 bit benign granted in time for December but I guess each situation is different.

I wanted to be completely honest on the form as they would know I’m applying for a 309 anyway.

I have read lots of situations where people are waiting it out on a 600. Even with my husband and baby son being citizens you still think they’d refuse me? 

It’s very worrying.

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Unfortunately, the one golden rule is never take advice from immigration. I know it sounds odd, but they aren't qualified as the people you speak to on the phone are just call centre staff. Hence, they get a legal indemnity for bad advice. We see incredibly poor advice given by them. Hence, the official advice and one that the forum recommends is to speak to a registered migration agent

Yes, people do, but they don't announce their intent as there is even a risk of them being turned back at the airport if immigration are not satisfied they are  teeing as genuine tourists. 

Your husband and child being Australian will have no positive bearing. 

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Thank you for being so frank and honest. I’d rather be prepared. 😬

I think even though I run the risk of being refused, I’d never have tried to deceive/mislead the immigration agency on my application by pretending to be a tourist. So I’m still comfortable with the fact that I was totally honest all the way through the process, even though it might not get me anywhere. 

I have many positives, I think, which stand me is a good position; for example, I’ve always adhered to previous visa restraints in Australia and elsewhere, we have enough savings to get us through and private health insurance. I wouldn’t risk my 309 by overstaying. But if they have rules that if you’re not strictly a tourist,  you can’t get in, then I’m running the risk of a no. 

If it gets refused then it gets refused and I try for a three month eVisa and if that gets refused we all go to the UK to wait it out.

Hopefully they look at the whole thing holistically. Thank you again for your contribution, as grim reading as it is 😃

 

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It wouldn't be in any way dishonest to say you are going as a tourist.  You are a tourist, which means a temporary visitor. You are visiting Australia temporarily, on holiday, while awaiting the grant of your 309. If the tourist visa expires and the 309 hasn't been granted yet, your holiday is over and you have to go home.  

To say you're not a tourist is saying that you plan to stay permanently.  You can't make any such plans yet, because you don't know if your 309 will be granted.  So you can't be anything else but a tourist.

 

Edited by Marisawright

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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Thank you for your comment. 

I think I made it clear on my 600 application that I would adhere to the terms of the tourist visa so hopefully they will take that into consideration.

At the very least, rather than an outright no, they may ask for more information. I did state we had a holiday home booked in Mornington and also listed a couple of friends and family members I intended to visit while in Australia.

I guess I can’t do much now except wait ...and of course, do a bit of the old favourite pastime of speculating. 

Thanks again 😀.

 

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This is the Departmental policy on the matter:

Overview

Section 65 delegates are encouraged to take a fair and reasonable approach where the applicant is involved in a partner relationship with an Australian citizen or permanent resident. A range of factors should be taken into consideration before deciding that such a relationship creates a strong incentive not to leave Australia.

Partner visa application made outside Australia

If a visitor visa applicant is the partner of an Australia citizen or permanent resident and has followed standard migration procedures by making a Partner visa migration application outside Australia, s65 delegates should facilitate short visits by the visa applicant to Australia, particularly if any of the following six scenarios apply: 

  • the applicant is e600, eVisitor or ETA eligible or
  • the couple have been together for a significant period or
  • the couple are well established in their home away from Australia or
  • there are no concerns about the genuineness of the relationship or the validity of the marriage or
  • the applicant wishes to travel to Australia for a short visit for a special occasion or
  • there are compelling circumstances that justify the granting of a visitor visa (for example, family member of Australian partner seriously ill) or it would be in the best interests of a child to do so. 

Section 65 delegates must still be satisfied, however,  that the applicant meets the genuine temporary stay requirement.

 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

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PaulHand thank you for this, it gives me some reassurance as I think we meet several of the scenarios listed. I hope that 7 years counts as a significant period of time to be in a relationship, married for almost 4 years. 

I apprecite you taking the time to share this with me, I’m going to read it several times and stop panicking! 

 Thank you. 😊

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When I applied for Child Visa for my daughter couple of year ago, the MA I took advice from said that applying for a tourist visa is not a bad idea if the visa doesn't come through on time. I did that and the CO who was dealing with my application was aware of the same as well. Luckily the Child Visa was granted and we just withdrew the tourist visa application. So is okay to apply for the same, the only thing is that you need to leave the country just before the 309 is granted, so that you can enter on a permanent visa. Please make sure your CO is aware of the same. Also if for some reason your 309 is granted before your 600 visa, make sure you withdraw the application as they will not cancel it automatically.  


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path2aus thank you for this comment. I have read many situations where people have applied offshore and then visited and it has not been a problem. I have added lots of documents to my application now so fingers crossed. 

It is just difficult to prove the tourist side of the trip. I have written a statement stating my intentions while in Australia and made it clear that I wouldn't risk mu family's future by overstaying, especially since I paid 7000$ for the partner visa. I added that we have booked a holiday home and I intend to visit friends in Australia etc, I included evidence that I have funds to support my not working also.

Thank you for your contribution again and congratulations on having your visa granted.

 

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Hello, just in case you're interested, I got the 600 granted today for 12 months. It was really quick since the application was only submitted on 1st November.

I think if your partner visa is likely to be granted, they are more than likely to grant the visitor visa because you’re less likely to overstay. 

I ended up uploading a lot of evidence: bank statements to prove we can sustain ourselves, evidence of our relationship and my sons and husband’s citizenship stuff, travel documents etc. Maybe it helped. 

Anyway, good luck everyone and thank you for your contributions. 

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