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smgbmg2

Which of these options is the best to apply for my partner visa?

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Hi all, 

My partner and I will have been living together for 12 months in July and want to apply for the Partner Visa (de facto). I'm Spanish and he is Australian and we are living in the UK. We don't know whether to apply offshore or move to Australia and apply from there. We both have stable jobs but we both feel we are not progressing and want better opportunities in Australia. We are concerned about the difficulty for me to get a qualified job (graphic designer) while I'm on a Bridging Visa. We would like to move around January 2020 to Australia. His UK visa expires in November so he would have to renew it if we decide to apply offshore. 
 
Our options are:
A) Apply in July for 309 visa and pay for his visa in the UK with the potential risk of having to stay in the UK for over another year. 
 
B) Move to Australia when his visa expires and I'll go there on a tourist visa – eVisitor subclass 651 which doesn't have the condition of no further stay – with the risk of not getting work rights on the bridging visa when I apply for the 802 partner visa on shore. I read it is possible to ask for the right to work but I don't think it is guaranteed. Most of the jobs offers that I'm seeing right now require Australian citizenship, permanent residency or rights to work on an ongoing basis. I'm not sure if the bridging visa or even the temporary partner visa would satisfy this requirements.
 
Which route is best to take?
Thanks!

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7 hours ago, smgbmg2 said:

 

Hi all, 

My partner and I will have been living together for 12 months in July and want to apply for the Partner Visa (de facto). I'm Spanish and he is Australian and we are living in the UK. We don't know whether to apply offshore or move to Australia and apply from there. We both have stable jobs but we both feel we are not progressing and want better opportunities in Australia. We are concerned about the difficulty for me to get a qualified job (graphic designer) while I'm on a Bridging Visa. We would like to move around January 2020 to Australia. His UK visa expires in November so he would have to renew it if we decide to apply offshore. 
 
Our options are:
A) Apply in July for 309 visa and pay for his visa in the UK with the potential risk of having to stay in the UK for over another year. 
 
B) Move to Australia when his visa expires and I'll go there on a tourist visa – eVisitor subclass 651 which doesn't have the condition of no further stay – with the risk of not getting work rights on the bridging visa when I apply for the 802 partner visa on shore. I read it is possible to ask for the right to work but I don't think it is guaranteed. Most of the jobs offers that I'm seeing right now require Australian citizenship, permanent residency or rights to work on an ongoing basis. I'm not sure if the bridging visa or even the temporary partner visa would satisfy this requirements.
 
Which route is best to take?
Thanks!

If you arrive on a tourist visa, and apply onshore for an 820/801, then you get full working rights as soon as your Bridging visa kicks in (which is when your tourist visa expires). You don't need to apply or prove hardship, they removed that for Partner Visa applicants a few years back. 

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Put in your off shore application in July and if it comes through in time then you win. If not, you can go over and visit on a tourist visa until your pr comes through, then you just have to leave the country for a few days while it’s issued.  Arriving on a tourist visa, lying to immigration about your intentions is never a good idea and you run the risk of being turned around at the border. So just do it the straightforward way to start with. Then you have the choice - either he reapplies for a UK extension, or he goes and you wait or you go as a bone fide tourist while you wait. It’s no hardship to stay in one first world country while waiting on a visa . It’s inky going to be a few months whichever way you look at it.

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