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Morrisano

Leaving Australia (482 Visa) and Returning with Hope of a New Visa.

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Hi all,

Hope you're well!

I was granted a TSS 482 visa on 8th November 2018 for 2 years however it did not work out with my employer. 

On September 4th 2019 I left Australia to return home to England.

I have a return flight booked for January 14th 2020 and I plan on returning to Australia on a tourist visa and then applying for a partner visa with my girlfriend.

As far as I am aware, my 482 visa is still in effect, I have printed out form 1194 as I believe that I will need to have my current visa cancelled ASAP, and it may cause problems for when I return in January.

Are you able to provide any advice as to how I might go about this change or visa / circumstance?

Thanks a lot!

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3 hours ago, Morrisano said:

Hi all,

Hope you're well!

I was granted a TSS 482 visa on 8th November 2018 for 2 years however it did not work out with my employer. 

On September 4th 2019 I left Australia to return home to England.

I have a return flight booked for January 14th 2020 and I plan on returning to Australia on a tourist visa and then applying for a partner visa with my girlfriend.

As far as I am aware, my 482 visa is still in effect, I have printed out form 1194 as I believe that I will need to have my current visa cancelled ASAP, and it may cause problems for when I return in January.

Are you able to provide any advice as to how I might go about this change or visa / circumstance?

Thanks a lot!

How can you still have a valid 482 if you are no longer working for that employer?

To apply for a Partner Visa your partner must be a citizen, PR or an eligible NZ citizen. is that the case?

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When I check VEVO it says that my visa is still in effect, so I don't think they've informed immigration yet.

 

Yeah, she's a citizen.

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While Vevo is useful, don't really on it 100%. My status on Vevo was showing I was on a 457 two years after I had gained PR. 

I would take some proffessional advice.

last,y, are you certain you meet the requirements for a partner visa? 

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Hmm, I think I'll fill out and send Form 1194 just in case. I don't want to arrive in Australia and have any problems in January.

 

As far as I'm aware we should be fine for a relationship visa.

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Hey guys,

I am aware that VERYSTORMY mentioned not to 100% rely on VEVO but when I check my visa status my current visa is still in effect.

I left Australia over 2 months ago and am hoping to return in January on a tourist visa. Would applying for a tourist visa be problematic if my current visa is still in effect?

 

Thanks!

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On 12/11/2019 at 06:55, Morrisano said:

Hey guys,

I am aware that VERYSTORMY mentioned not to 100% rely on VEVO but when I check my visa status my current visa is still in effect.

I left Australia over 2 months ago and am hoping to return in January on a tourist visa. Would applying for a tourist visa be problematic if my current visa is still in effect?

No it shouldn't be a problem, although given you had a visa already, you might face questioning from Immigration if they suspect you are using the tourist visa as a way to enter the country and overstay. 


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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On 12/11/2019 at 20:09, Marisawright said:

No it shouldn't be a problem, although given you had a visa already, you might face questioning from Immigration if they suspect you are using the tourist visa as a way to enter the country and overstay. 

Thanks Marisa, I have heard that if I enter with proof to show that I intend to apply for the Partner Visa (subclass 820 and 801)visa then that will help.

I intend to enter Australia on the eVisitor (subclass 651) and apply for the Partner Visa (subclass 820 and 801) as soon as possible. Do you know when I will be able to work in Australia? Is it true that I must wait for 3 months to end (the 3 months given to me by the 651 visa) before I am given the bridging visa preceding the Partner Visa? And on this bridging visa I am able to work?

 

Thanks!

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I would have thought that if you entered on a tourist visa and proclaim your intention to apply for a partner visa you’d likely be on the first plane home. Why not get your application in offshore ASAP and either wait for it or go on a tourist visa for short periods while you wait. 

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34 minutes ago, Quoll said:

I would have thought that if you entered on a tourist visa and proclaim your intention to apply for a partner visa you’d likely be on the first plane home. Why not get your application in offshore ASAP and either wait for it or go on a tourist visa for short periods while you wait. 

Thank you for the advice! I shall not do that.

 

I already have my flight booked to Australia for January and it would be a lot faster for us that way, Applying offshore would take (I believe) 4 - 7 Months. I'd rather not spend more time apart from my girlfriend than I already have.

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2 hours ago, Morrisano said:

Thank you for the advice! I shall not do that.

 

I already have my flight booked to Australia for January and it would be a lot faster for us that way, Applying offshore would take (I believe) 4 - 7 Months. I'd rather not spend more time apart from my girlfriend than I already have.

Sadly, if you are deported for not being a bone fide tourist you could be apart for 3 years

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This comes up a lot:

 


____________________________________________________________________

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. 

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6 hours ago, Morrisano said:

Thanks Marisa, I have heard that if I enter with proof to show that I intend to apply for the Partner Visa (subclass 820 and 801)visa then that will help.

I intend to enter Australia on the eVisitor (subclass 651) and apply for the Partner Visa (subclass 820 and 801) as soon as possible. Do you know when I will be able to work in Australia? Is it true that I must wait for 3 months to end (the 3 months given to me by the 651 visa) before I am given the bridging visa preceding the Partner Visa? And on this bridging visa I am able to work?

 

Thanks!

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.

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3 hours ago, Quoll said:

Sadly, if you are deported for not being a bone fide tourist you could be apart for 3 years

There is no three year exclusion period provision on partner visas, it would generally be one year if you are turned around at the airport, unless you can demonstrate compassionate and compelling circumstances for a waiver. 


____________________________________________________________________

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. 

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Hello again!

Thanks a lot for your help, you've been really helpful in helping me prepare for my return.

I have another question..

Will my medicare have expired? My current card is active until 19/09/20 but obviously my current TSS visa has ended. What would I need to do for a 651 eVisitor visa?

 

Thanks!

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