summer Posted September 11, 2019 Share Posted September 11, 2019 Hi guys, ive tried finding the answer to this but I have scrolled and scrolled and I can’t find anything definitive. so basically I was always going to apply offshore but I finally have the 1229 signed and it feels silly just waiting it out here. So my question is... I was always under the assumption that if you apply on shore the process is - arrive on tourist visa - apply for bridging visa for after 3 months tourist visa ends- assuming its approved you then send off application for spouse visa?? please correct me if I’m wrong. I guess my main question is, is that actually legal!?! Upon arrival do I tell customs (if I was asked) that I’m just here on vacay to visit my husband?! Also I’m really lost that if that’s how it works then I can’t bring my work qualifications proof for working on bridging visa because then they would say that they would believe I was there to work not on holiday?! Same goes for all the documents I was planning on using for my spouse visa application!? please help! Thank you Quote Link to comment Share on other sites More sharing options...
paulhand Posted September 11, 2019 Share Posted September 11, 2019 (edited) In broad terms the way it works is: If you apply for a partner visa onshore you are granted a bridging visa. This comes into force once the visitor visa you arrived on expires after three months. Once you are on the bridging visa, then you can work. We have discussed the 'legality' of this approach a number of times here recently. It is not illegal to apply for another visa whilst in Australia on a visitor visa (unless your visitor visa expressly prohibits this). You must be a "genuine temporary entrant" on your visitor visa, which means that you must abide by its conditions (not work etc) and, if you do not apply for a subsequent visa, you must leave Australia before it expires. The question that officers are supposed 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”". See here for the discussions: Edited September 11, 2019 by paulhand Quote Link to comment Share on other sites More sharing options...
summer Posted September 11, 2019 Author Share Posted September 11, 2019 2 hours ago, paulhand said: In broad terms the way it works is: If you apply for a partner visa onshore you are granted a bridging visa. This comes into force once the visitor visa you arrived on expires after three months. Once you are on the bridging visa, then you can work. We have discussed the 'legality' of this approach a number of times here recently. It is not illegal to apply for another visa whilst in Australia on a visitor visa (unless your visitor visa expressly prohibits this). You must be a "genuine temporary entrant" on your visitor visa, which means that you must abide by its conditions (not work etc) and, if you do not apply for a subsequent visa, you must leave Australia before it expires. The question that officers are supposed 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”". See here for the discussions: Ok thank you Paul. Any clarifications on the info I can take with me which would be for the bridging (work) and spouse (relationship paperwork) visas!? Quote Link to comment Share on other sites More sharing options...
summer Posted September 11, 2019 Author Share Posted September 11, 2019 Also how do you know if your tourist visa has a “no further stay” condition on it?? Where do I find that information? And is it the same for my child? (8) Quote Link to comment Share on other sites More sharing options...
paulhand Posted September 11, 2019 Share Posted September 11, 2019 3 hours ago, summer said: Also how do you know if your tourist visa has a “no further stay” condition on it?? Where do I find that information? And is it the same for my child? (8) It will say on the grant letter ... Quote Link to comment Share on other sites More sharing options...
Proview220 Posted December 10, 2019 Share Posted December 10, 2019 Paulhand, so assuming after the tourist vis has expired and applying for 820/801, my Daughter husband can enter on a one way ticket then? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted December 10, 2019 Share Posted December 10, 2019 25 minutes ago, Proview220 said: Paulhand, so assuming after the tourist vis has expired and applying for 820/801, my Daughter husband can enter on a one way ticket then? That doesn't quite make sense. If he wants to apply for a 820/801 visa, then he needs to be in Australia already (on a tourist visa). He must apply for the 820 visa soon after he arrives, while the tourist visa is still valid. If he waits until the tourist visa expires, then he will be in the country illegally and that would ruin his chances of approval. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted December 10, 2019 Share Posted December 10, 2019 (edited) Deleted Edited December 10, 2019 by rammygirl Quote Link to comment Share on other sites More sharing options...
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