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820 onshore V 309 offshore issues

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I'm currently in the UK pending a 676 visa that I might not get due to previous health issues (have had several 676 visas over the past few years). I do NOT nor have ever had TB or Hep or anything at all, but have had cancer in the past. If this visa is not granted, I will go over on an ETA anyway. I have a de-facto partner there, property, car other assets all legally held.

 

My questions are:

 

1) can I actually apply for an 820 while on an ETA or do I need to be on some other visa in order to apply for an 820?

 

2) would an 820 onshore de-facto be easier to get than a 309 de-facto offshore?

 

Cheers,

 

Alexandra

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