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megan987

Advice needed on 309/100 visa

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Hi there, 

Hoping someone might be able to answer a question I have! Once your 309 temporary visa is granted - how long do you have to enter australia?

My husband and I (and 3 young kids!) Live in London, husband is Australian, as are our 3 children (I'm British). We want to move next year around Septmber time but we are worried that once my visa is granted we will suddenly have to leave which we won't be able to do as we have a home to sell and 3 kids to relocate out of school etc... We are thinking that applying for the onshore partner visa (820/801) would be better for us and if so which visa do I need to apply for to enter Australia legitimately. 

Thanks in advance for any advice you might have.

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Honestly, I think arriving on a tourist visa and then being stuck on a bridging visa would create far too many problems for you, if you've got children in tow.  Particularly as the waiting times are a lot longer for onshore applications, so you'll be stuck in limbo for quite some time.  

I'm pretty sure the entry date is the same as for the skilled visa, which is that it depends on the date of your police checks and medical - you've got 12 months from the date you did them.

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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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I agree, the onshore route is more risky, why would you risk being turned around at the border and being issued with a 3 year ban because you’re caught lying to immigration?  You won’t have to drop everything and fly off instantly as long as you enter for the first time within 12 months of your medical/police check. And even then, if it’s in line with the skilled visa, you don’t need to stay, you’ve got 5 years to make the move permanent so you can pop over for the day, if desperate, to activate the visa then come home again.

While you wait, you should make sure that your DH gets his British citizenship if he doesn’t already have it. You never know if and when you might want to move back to U.K. and it makes life much easier.

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Hello Quoll and Marisawright! 

Brand new member here and not a Pom but a Yank. Myself and my wife (Australian) lodged our application for an offshore partner visa back in December, 2016. After years of waiting we finally got a reply that our application was moving forward! I just completed the medical on the 8th of this month but we are a bit worried when our visa is granted that we will be forced to enter Oz before we are ready. I noticed you said that you must enter the first time within 12 months of the medical/police check. As stated the medical was just a few days ago but my last police check was over a year ago (2017). Do you think they will start the 12 month timer based on the medical once granted?

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3 hours ago, Sepo said:

Hello Quoll and Marisawright! 

Brand new member here and not a Pom but a Yank. Myself and my wife (Australian) lodged our application for an offshore partner visa back in December, 2016. After years of waiting we finally got a reply that our application was moving forward! I just completed the medical on the 8th of this month but we are a bit worried when our visa is granted that we will be forced to enter Oz before we are ready. I noticed you said that you must enter the first time within 12 months of the medical/police check. As stated the medical was just a few days ago but my last police check was over a year ago (2017). Do you think they will start the 12 month timer based on the medical once granted?

You may be asked to re-submit police checks as they also have a validity period of 12 months


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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The "turned around at the border" issue is addressed in two other threads today:

In terms of the way forward, based on your timeline, the 309/100 route would seem like the best option.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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Thank you for all your responses everyone! We've actually decided to proceed with the off-shore visa anyway - currently gathering all the mountains of evidence! It was more just wondering how long we would have to enter Australia once the visa is granted. But thank you for responding - so glad I have found this forum! I'm sure I'll have many more questions once our application gets under way! 

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You have exaclty 6 months to enter australia once your visa is granted. Mine was granted in feb 18 2014, and on my visa grant letter it stated entry must be by 18 september 2014. 

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On 19/03/2019 at 14:15, nickh00 said:

You have exaclty 6 months to enter australia once your visa is granted. Mine was granted in feb 18 2014, and on my visa grant letter it stated entry must be by 18 september 2014. 

Nope - you generally have 12 months from the date of your police check(s) and medical, whichever is earlier. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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