Partner Visa Onshore Risk

[AliG]

Hi, 

I'm planning on doing a spouse visa application this year and had always assumed we'd do a 309 offshore app but I'm now wondering whether 820 onshore is a viable option... and what risks or pros/cons there may be...

From everything I have read we tick all the boxes for a partner visa for me. I'm British and live in London with my Aussie wife of 10 years (and we owned a home together for 5 years before marriage) with our 2 x kids who were born in UK but will shortly have Aus passports by decent assuming their citizenship app goes though ok. I was going to wait until this is done before submitting a 309...

We were doing a bit of timeline planning and a thought popped into my mind about applying onshore (to remove guesswork re timing). If we went down the onshore route, then as I understand it:

- We can go to Aus whenever we like - I'd enter Aus on a 3 month visitor visa and rest of the family on their Aus passports.

- I'd then apply onshore for an 820 onshore partner visa.

- I can't work or access medicare initially but these kick in once the visitor visa expires and a temporary visa kicks in.

 

From what I can see this gives us max flexibility on the timing of our move (ie we don't have to wait for the 309  to be approved) but introduces a slight risk that we get there and get set up and for some reason the visa isn't granted - to mitigate this wed use an immigration agent to check our docs before submitting. 

 

Does anyone have any thoughts on the above, or any tips? - please shout if I've got something wrong or am missing any pieces of the puzzle.

And what do I say upon arrival in Aus when they ask the purpose of the visit!

If it isnt viable then we can always stick with the 309 option - but if the 820 option is viable then it gives us more flexibility on timing...

[Marisawright]

If you're not in a rush to get going, then an offshore visa is going to be the least stressful option.  You apply, then go on with your normal daily life while you get ready to make the move.  You don't have to pick up everything and dash over the minute the visa is granted, either.

With the onshore option, you've got the nerves over whether there'll be any trouble at the airport, the fact that you can't work (and be aware, many big companies won't employ people on bridging visas, so you may struggle to find a job till the full 820 comes through).  I'd say the risk of the visa being rejected is very small, but that's also a little niggle that will add to your stress. IMO it's hard enough moving your whole family halfway across the world, without introducing all those stressors. 

It's not illegal to arrive in Australia on a visitor visa, with the intention of applying for a more substantive visa.   However it is illegal to arrive in Australia on a visitor visa, with the intention of staying permanently come what may.  If the Immigration Officer, on the day, thinks you look like the kind of person who'd stay forever, whatever happens with your visa, he has the right to deny you entry.  Unless you look particularly untrustworthy, I wouldn't think that's a big risk -- but like I said, it's just another uncertainty to add to the mix.

Bear in mind that if you want to move this year, you should get your 309 application in now. Applications from the UK were being granted in just 3 months last year, but they've slowed down a lot this year. 

[AliG]

3 minutes ago, Marisawright said:

If you're not in a rush to get going, then an offshore visa is going to be the least stressful option.  You apply, then go on with your normal daily life while you get ready to make the move.  You don't have to pick up everything and dash over the minute the visa is granted, either.

With the onshore option, you've got the nerves over whether there'll be any trouble at the airport, the fact that you can't work (and be aware, many big companies won't employ people on bridging visas, so you may struggle to find a job till the full 820 comes through).  I'd say the risk of the visa being rejected is very small, but that's also a little niggle that will add to your stress. IMO it's hard enough moving your whole family halfway across the world, without introducing all those stressors. 

It's not illegal to arrive in Australia on a visitor visa, with the intention of applying for a more substantive visa.   However it is illegal to arrive in Australia on a visitor visa, with the intention of staying permanently come what may.  If the Immigration Officer, on the day, thinks you look like the kind of person who'd stay forever, whatever happens with your visa, he has the right to deny you entry.  Unless you look particularly untrustworthy, I wouldn't think that's a big risk -- but like I said, it's just another uncertainty to add to the mix.

Bear in mind that if you want to move this year, you should get your 309 application in now. Applications from the UK were being granted in just 3 months last year, but they've slowed down a lot this year. 

Thanks - its because the 309 applications are slowing down that we are considering the 820 for the greater flexibility on our exit date:

uk housing market looking shakier by the day so were thinking of putting our house on the market sooner rather than later - 820 gives us the option to accept an offer and complete ASAP where as 309 means we either have to delay putting the house on the market (until visa granted) or explain circumstances to any potential purchasers...

work wise my wife is an occupational therapist and already has job offers from old colleagues. Im a chartered surveyor which doesn't easily translate to Aus so i'll probably have to do some retraining whatever - so a delay might not be a prob. But I didnt know some big companies won't hire people on bridging visas so thats useful intel.

In conclusion, its sounds like 820 route gives more flexibility on our UK exit but comes with conditions and risks at the other end...

[Quoll]

Put your application in now - you may be pleasantly surprised. And get your wife's UK citizenship sorted I'd she doesn't already have it, before you leave. 

Edited January 7, 2023 by Quoll

[Marisawright]

7 hours ago, AliG said:

I didnt know some big companies won't hire people on bridging visas so thats useful intel...

I've been retired for a few years now but I was on contract for the last few years, so I worked for several different companies and most of them insisted on PR or some kind of work visa.  It was frustrating for me as a manager, because it meant I had to knock back good candidates.  

 I thought it might have changed due to the staff shortages after Covid, but @Ausvisitor, who's a recent migrant, says it's still the same.

Edited January 8, 2023 by Marisawright

[Jon the Hat]

I would get your 309 application in ASAP - the kids citizenship won't make any difference.  If it is not granted when you want to move to Aus, you can enter on a visitor visa and fly somewhere cheap outside Aus for a few days so it can be activated on your return.  Plenty of people have done this.

[AliG]

On 09/01/2023 at 02:08, Jon the Hat said:

I would get your 309 application in ASAP - the kids citizenship won't make any difference.  If it is not granted when you want to move to Aus, you can enter on a visitor visa and fly somewhere cheap outside Aus for a few days so it can be activated on your return.  Plenty of people have done this.

This sounds like the best of both worlds. I suppose the only risk is that the visitor visa runs out before 309 granted - but that risk should be low if I apply for 309 ASAP.

Thanks.

[Quoll]

3 hours ago, AliG said:

This sounds like the best of both worlds. I suppose the only risk is that the visitor visa runs out before 309 granted - but that risk should be low if I apply for 309 ASAP.

Thanks.

Someone on here just got their 309 much quicker than they expected. With a long relationship and kids from the marriage I'd say good be in the speedier queue.