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Coronavirus and Partner Visa (820)


820help

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Hi all,

My husband is an Australian passport holder and we have been married 3 years and we have a child together (the child also has an Australian passport).

We are looking to relocate to Australia in July - August.

I was looking to travel to Australia on the E visitor visa and then once in Australia apply for the 820 partner visa.

However, it appears now when I try to apply for the E visitor it shows the below alert (in italic)

Travel restrictions to Australia are currently in place – see the Department's website prior to travel and for the latest information.

Important notice

Strict travel restrictions are in place for certain countries due to COVID-19. You should not apply for any visa until checking the latest information.

If you are an immediate family member of either an Australian citizen or permanent resident, you may be eligible to apply for a Visitor Visa (Subclass 600).

If your visa was granted after 1 February 2020 and you are affected by the current travel restrictions, you will not be able to check your visa details and conditions using Visa Entitlement Verification Online (VEVO) until the restrictions are lifted. You should refer to your visa grant letter or check here in ImmiAccount.

My question is then: how do I now actually enter Australia to then subsequently apply for the 820 partner visa?

Does that mean I would now have to apply for the subclass600 visa to enter Australia? If I was to apply for this visa to enter Australia am I still eligible to apply for the 820 partner visa subsequently.

Thanks

Anna

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Thanks.

Assuming I apply and get the Subclass 600 visa and enter Australia on this visa, can I then subsequently apply for the 820 visa on the basis I have entered on the Subclass 600 visa? That is, is there a restriction to transfer to the 820 visa from the subclass 600 visa?

Would immigration not say why have you travelled into australia as a tourist to then apply for permenant longer stay? Why  didnt you just apply offshore? Or is this permissable?

Also, do I need to apply for the Subclass 600 then separately apply for an exemption once I have this visa by following the link below?

 

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2 hours ago, Marisawright said:

There is a coronavirus travel ban in place.  The only people allowed to enter Australia are citizens or permanent residents.  

As the partner of a citizen, you may be able to get a Subclass 600 visa, that is the only other option currently

Isn't the 600 a temporary visa as well?  If so wouldn't that mean they wouldn't be able to enter Australia on it?

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You could also delay your travel to Australia and apply for a 309/100 partner visa offshore. 

I've become pro migration agent over the years but particularly in the current climate I would consider an initial discussion with an agent. They will be able to advise on strategy to keep you right.  A partner visa is not a small financial investment and solid professional advice is worth it

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I honestly think Choosing to move in July or August is a bad idea.  Hard enough to set up life without all the issues currently and high unemployment. I would seriously consider waiting till next year. 

Edited by rammygirl
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I'd agree with the others, apply for your offshore visa now in UK and sit back and wait for it to be issued.  You're not likely going to get in on a visitor visa.  It'd be a little silly to rock up in these turbulent times, high unemployment, businesses going under - nah, stay where you are with jobs if you have them and wait for the visa to be approved by which time Australia might have settled down a bit, you're not going to be here in July/August this year.

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Good point about employment.  I suggest consulting an agent, to find out if you'd be able to work while on the bridging visa.   Even if you can, people often find it tough to get a job on bridging visas, because most employers don't understand them, so they worry that you'll get refused and disappear after a few months.  On top of that, you've got the fact that so many businesses are closed right now and even when they reopen, they're not likely to be hiring new staff in a hurry.

So I'd say if you're happy to live on your savings for several months, you could risk it - but if you're not flush with cash, I'd get your offshore application in now and wait for it to be granted.

Edited by Marisawright
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Hi all

Thanks for your comments and advice. I'm aware the time is not perfect, but we need to go back to Australia due to a sick family member (cancer). Applying for the partner visa offshore is not an option as we can't wait for 12-18 months in the UK while we wait for the visa to be processed. We need to be back in Australia by July at the latest. We understand the economy is not great and there may be minimal employment opportunities but we have savings to support ourselves for a long time should we not find employment. We also have no mortgage etc. Thus, financially we can demonstrate we have the means to support ourselves.

Would you be able to clarify whether the eVisitor visa is still in use or is the Visitor Visa (subclass 600) the only option currently to enter the UK with the aim of then applying for the 820 bridging visa to remain permanently in Australia. Can an application still be made for an eVisitor visa and then a separate exemption be applied for to enter on this visa? The link below indicates that an exemption is possible for a spouse of an Australian passport holder, even with the current restrictions that are in place.

https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/covid19-enquiry-form

Also, assuming I can't enter on the eVistor visa and I have to enter Australia on the Visitor Visa (subclass 600) can I still apply for 820 visa subsequently? The reason I am asking  this is because the subclass 600 page outlines that this visa will only be provided if the applicant intends to come to Australia to visit only and is a genuine visitor with proof that the applicant has reasons to return home. Therefore, can the application for the 820 be made void/be rejected on the basis the applicant entered on a sublcass 620 but was not in fact a genuine visitor? Thus, effectively breaching their visa? How else could you enter the country (apart from being a visitor) to then apply for the 820 in Australia? It seems like there is a bit of a contradiction here? Am I missing something?

Edited by 820help
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On 12/05/2020 at 22:28, Marisawright said:

There is a coronavirus travel ban in place.  The only people allowed to enter Australia are citizens or permanent residents.  

As the partner of a citizen, you may be able to get a Subclass 600 visa, that is the only other option currently

The link below outlines spouses can apply for a visa the apply for an exemption

 

would that mean I could still apply for the evisitor600 then apply for the exemption to travel as I am a spouse of an austrlian passport holder?

https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/covid19-enquiry-form

 

 

Edited by 820help
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Even the eVisitor visa has the condition that you must be a genuine tourist with the intention to return on visa expiry - so there's a contradiction even there.  

If this is important to you - and it sounds like it is - then you really should consult an agent.  It won't cost a lot to have a short consult, and better that than arrive in Australia and get turned back at the border.

 

Edited by Marisawright
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