Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

summer

Tourist - bridging - spouse

Recommended Posts

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 ☺️

Share this post


Link to post
Share on other sites

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 by paulhand

____________________________________________________________________

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. 

Share this post


Link to post
Share on other sites
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!? 

Share this post


Link to post
Share on other sites

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)

Share this post


Link to post
Share on other sites
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 ... 


____________________________________________________________________

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. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×