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Partner visa advise needed

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So my Australian daughter has been living in the States for close to ten years and now has an American husband and child -  with two more on the way (Twins due in a month). Anyway they planned to move to Aus in Jan 2020 and for some reason we thought it would be a simple matter of her moving back with them in all in tow and apply for a spouse visa once they were here. We have now realized that the application process for the temporary visa normally takes at least 14 months which must be received before they arrive.  Is there another way they can move here - perhaps he be the stay at home Dad for 14 months (she is a finance analyst so this is an option although I know she wanted to spend more time with the kids not less...) or would he be able to get a holiday working visa (he’s just turned 30) - although I noted somewhere he couldn’t have dependent children on that visa.. any other suggestions for them? Tia for any help received,,,

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From what you have posted, it should be easy enough to get it sorted. If you go  my website: pinoyau.com and use the contact form I shall let you know what I can do for you.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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The children will qualify for citizenship by descent via their Australian mum, so only your son in law needs a visa. 

His options are essentially apply offshore ASAP for the 309/100 visa (one application - he would likley qualify for the 100 permanent visa straight away assuming married >2years with children) and EITHER wait the 14 ish months for grant and then come onshore - OR apply then when ready to move apply for a 600 visitor visa for as long as possible and stay in Australia without working rights until notified of grant when you leave Australia for about a week for the visa to be granted, then head back and hey presto all sorted.  Lots of people do this when they are in a hurry.

The alternative is to Visit australia on a tourist visa and then decide to stay and apply onshore for the Partner visa.  He would then recieve a bridging visa with full work rights.  The issue with this is you must not under tourist visa conditions intend to do this, so perhaps an exploratory trip to decide.


PR (100) planning to move to Perth by then end of 2019!

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WRussell is a reputable agent and I recommend you contact him as suggested.  Since time is of the essence and this is important to you, it's really not worth wasting time trying to find answers on forums.


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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II doubt the visitor visa method wouldn work for a spouse or partner as surely immigration authorities would realise the plan was 

to apply for onshore partner visa . Why would a spouse be coming for a visit when husband or wife lives in OZ ? Also, the 

new partner assessment would stop this I  think as could take ages to get a decision . 

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DHA doesn't refuse visitor visas simply because the visitor intends to apply for another visa when they're onshore.  But having a consultation with a migration agent to be be aware of the advantages/disadvantages of various options and then deciding a strategy is always a good idea.  If he applies for the 309/100 visa, then he cannot get a bridging visa to remain in Australia long term during the processing so at most he'd be able to visit and then take a short trip offshore to have the visa granted.  If he comes on a visitor visa and applies for the onshore 820/801 visa, he would get a bridging visa but it doesn't come into affect until the visitor visa expires.  At least he can work on the bridging visa although finding a job while holding a temporary visa is often difficult.  So neither approach is very simple, but perhaps applying now/soon for the 309/100 visa would at least get the process rolling more quickly.

As mentioned above, WRussell is a reputable agent and can help them get started on the right path.

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with respect I disagree with your first sentence .Of course the DHA would refuse to grant a visitor visa if applicant was a spouse of aussie citizen and siad she or he

intended to apply for an onshore visa while on visitor visa . in some cases such as a visitor from high risk country , a "no furher stay" is a condition with the visa . But even if not ,

the intention to apply for a partner visa MUST be made after arrival in OZ although I suppose a smart visa officer might be suspicious of when the plan was formed . 

If lucky , the ongoing process is as you describe . 

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incidentally, I did research it and what I say was stated by quite a few agents and I inagine the one you recommend says something similar . But a few applicants 

manage to do it but not sure how they get away with it ! ( smile ) . Good luck to them !

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Here is the current policy:

Intention to make a further application in Australia
If an applicant applies for a visitor visa but intends to make a further visa application in Australia
(whether this intention is stated or not), this does not necessarily indicate that the applicant does not
intend a genuine temporary stay and is not a reason in and of itself to refuse the visitor visa. If the
Regulations allow an application to be made in Australia by an FA-600 visa holder in Australia, s65
delegates should not be seeking to block this pathway.
In addition, an intention to apply for a further visa in Australia does not necessarily indicate that the
person will not leave Australia before the FA-600 visa ceases. The question to consider is not “will this
person apply for a visa in Australia” but rather, “if this person does not apply for another visa in
Australia, or if they apply and are refused, will they abide by the conditions of the visa and will they
leave Australia”. The answer to this will help to determine if the applicant intends a genuine
temporary stay.
If there is a stated intention to apply in Australia for a visa (such as a Partner visa), s65 delegates
should focus on assessing if the applicant intends a genuine temporary stay in relation to the FA-600
visa for which the person have applied – the focus is not on assessing any relationship:
• The genuineness of a relationship will be assessed if and when a Partner application is made.
Applying for a Partner visa in Australia is a legitimate visa pathway.
• It is acceptable for a person to apply for an FA-600 visa in order to be with their partner to
maintain an established relationship.
• An applicant who discloses an intention to continue a relationship (or, enter into a relationship (as
they have not met before)) should not be disadvantaged as a result of that disclosure
Taking a fair and reasonable approach
Officers should take a fair and reasonable approach to the genuine temporary stay requirement,
particularly if the applicant is in a continuing partner relationship with an Australian citizen or
permanent resident and/or there are children involved – refer to In a partner relationship with an
Australian citizen/resident.
The focus should be on the current intentions of the applicant. Consequently, the genuine temporary
stay requirement can be satisfied, even if there is a possibility that the applicant might later attempt
to make a further application in Australia, seek permanent residence and/or return to Australia.
If the period of stay requested raises concerns about an applicant’s ability to meet the genuine
temporary stay requirement, case officers should consider whether a shorter period of stay would
enable them to be satisfied that the visa criteria are met.

***************************************************************************************************************

Notes:

It has been ages since I saw condition 8503 (no further stay) imposed on a visitor visa. This condition cannot be imposed on subclass 601. If a visitor visa is granted and the conditions do not suit, then don't use it. At least the parties  have introduced themselves as a couple to an official body, DHA, no less.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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9 hours ago, barry said:

incidentally, I did research it ....

It's always risky researching something online because there's a lot of misinformation out there.  I know I've been guilty of repeating advice on this topic, which later turned out to be wrong.

As WRussell points out, it's not illegal to arrive on a tourist visa with the intention of applying for a permanent visa.  However it is illegal to arrive on a tourist visa with the intention of staying permanently.     As I understand it, it's up to the Immigration Officer on the day to decide what your intentions are.  If he thinks you're likely to stay permanently whether you can get another visa or not, then he'll put you back on a plane.   So that's the risk people take.


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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Over many years I have manged numerous partner visa applications for tourists and other visa holders without encountering any insurmountable complications.

  • Thanks 1

Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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I have just joined this forum and am agreeing that there is some really poor advice being shared. Use an agent as in this case too many kids involved for any small mistake and as wrussell stated it is relatively straightforward when done properly.


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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17 hours ago, Jasmine Sallis said:

I have just joined this forum and am agreeing that there is some really poor advice being shared. Use an agent as in this case too many kids involved for any small mistake and as wrussell stated it is relatively straightforward when done properly.

Hi @Jasmine Sallis and welcome to the forum.  Are you an agent by any chance as there is an agent with the same name as yourself?  if you are, please review our forum guidelines and create a signature to state that you are an agent and display your registration number.  Many apologies if it's a quirk of fate that you have the same name.

 


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

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Thanks @ali yes I am, have added the signature and appreciate you drawing this  my attention. Found this forum by chance as it is part of a course I am doing to visit some forums and I was getting worried reading some posts haha - I've just replied to another one. Guess that's the thing with the internet - sooooo much information. 


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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