Applying for a 820/801 visa while on a evisitor 651 visa

[ButterflyLadybug 2]

Me and my partner were planning on applying for a 309/100 visa while still in the UK but I've just discovered that it's possible for me to travel to Australia and apply for a partner visa while there. I just have a few questions if anyone can answer them. 

When I arrive with a one way ticket can I disclose that I intend to apply for a partner visa before my evisitor runs out or would that be against the terms on the visa ? Basically do I need to say I intend to return to the UK. 

The evisitor option obviously gives us more flexibility around when we can leave which I think would beneficial when it comes to selling our house. 

Thank you for any help  

[Marisawright 10,054]

It's not illegal to arrive in Australia on a visitor visa with the intention of applying for a partner visa.  The question Immigration will be asking is, what if your partner visa is rejected?  Do you look like the kind of person who'll stay in Australia regardless, illegally?   It's up to the officer on the day to decide if you're likely to overstay and if so, you'll be refused entry.  However from what agents say, the risk is very small these days. 

More of an issue is, have you looked into the pros and cons of applying onshore?   It's more of a hassle than applying offshore.

If you apply now, assuming you're in the UK, you'll get your partner visa within 2 or 3 months (UK applications are faster than most).  Then you'll have about a year to make the move (the deadline will be stated on your visa).  If you're not ready to make the final move within that time, all you have to do is pop over for a holiday, even for just a week.  That's enough to "activate" the visa, then you have almost 5 years to make your final move.  Plenty of flexibility when it comes to selling your house, really.

Contrast that with the onshore version.  You'll arrive on the tourist visa, then apply for the partner visa.  You can't, obviously, work on the tourist visa. Once the tourist visa expires, you'll get a bridging visa. You can't work on that either.  The processing time is typically longer than for offshore visas and you're in limbo until  it's approved.  

[ButterflyLadybug 2]

1 hour ago, Marisawright said:

It's not illegal to arrive in Australia on a visitor visa with the intention of applying for a partner visa.  The question Immigration will be asking is, what if your partner visa is rejected?  Do you look like the kind of person who'll stay in Australia regardless, illegally?   It's up to the officer on the day to decide if you're likely to overstay and if so, you'll be refused entry.  However from what agents say, the risk is very small these days. 

More of an issue is, have you looked into the pros and cons of applying onshore?   It's more of a hassle than applying offshore.

If you apply now, assuming you're in the UK, you'll get your partner visa within 2 or 3 months (UK applications are faster than most).  Then you'll have about a year to make the move (the deadline will be stated on your visa).  If you're not ready to make the final move within that time, all you have to do is pop over for a holiday, even for just a week.  That's enough to "activate" the visa, then you have almost 5 years to make your final move.  Plenty of flexibility when it comes to selling your house, really.

Contrast that with the onshore version.  You'll arrive on the tourist visa, then apply for the partner visa.  You can't, obviously, work on the tourist visa. Once the tourist visa expires, you'll get a bridging visa. You can't work on that either.  The processing time is typically longer than for offshore visas and you're in limbo until  it's approved.  

Thank you for that information. I didn't realise that the visa could come through so fast so that's great to know. I also didn't realise you had 5 years to make the move once the visa is activated so that certainly gives us a lot more flexibility than I thought we'd have. 

I have no plans to work once we move over as my children are home educated so whichever visa I'm on should be fine. I think I need to do a bit more research and figure out what would be the best way to go about the move. 

Am right on thinking I can apply for Citizenship after 4 years with only 1 year of that having to be a permanent resident visa ? So if I do go over on a evisitor that time would be included before my partner visa has come through ? 

I do think it would be highly unlikely for my visa to be denied as we have been together for 16, own a house together, are in a civil partnership and both in good health with no criminal records. 

[Marisawright 10,054]

@FirstWorldProblems recently had their partner visa approved so they can tell you how long it took.

I believe you're right about the citizenship, but I don't know if a visitor visa counts. 

[Nemesis 1,687]

6 hours ago, Marisawright said:

 

Contrast that with the onshore version.  You'll arrive on the tourist visa, then apply for the partner visa.  You can't, obviously, work on the tourist visa. Once the tourist visa expires, you'll get a bridging visa. You can't work on that either.  The processing time is typically longer than for offshore visas and you're in limbo until  it's approved.  

Just one correction to that - if the visa applied for is a Partner Visa (820/801) then the Bridging Visa does come with working rights. Its unusual in that way 

Edited March 15 by Nemesis

[paulhand 945]

9 hours ago, Marisawright said:

Once the tourist visa expires, you'll get a bridging visa. You can't work on that either. 

Partner visa BVs do have work rights. 

[FirstWorldProblems 1,591]

5 hours ago, Marisawright said:

@FirstWorldProblems recently had their partner visa approved so they can tell you how long it took.

I believe you're right about the citizenship, but I don't know if a visitor visa counts. 

5 weeks.  4 of which was me being slack about booking the medical.

 

[ButterflyLadybug 2]

1 minute ago, FirstWorldProblems said:

5 weeks.  4 of which was me being slack about booking the medical.

 

Oh wow, that's so much faster than I thought it would be. Thank you for the information. 

[FirstWorldProblems 1,591]

Just now, ButterflyLadybug said:

Oh wow, that's so much faster than I thought it would be. Thank you for the information. 

A consultation with Paul Hand helped me avoid some potential pitfalls and to front load the evidence with the kind of things that are not strictly mandatory, but typically asked for.

[ButterflyLadybug 2]

3 hours ago, FirstWorldProblems said:

A consultation with Paul Hand helped me avoid some potential pitfalls and to front load the evidence with the kind of things that are not strictly mandatory, but typically asked for.

Oh great thank you, I just looked up Paul Hand and his price for a consultation seems really reasonable of he helped you get through the visa process so fast. Will definitely consider contacting him when we get to that stage.