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Spouse Visa Onshore/Offshore


StevieF8

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I posted this in another thread but i think it's got a bit lost ......

 

 

Can someone help me with this one....

 

If I apply for a spouse visa in Perth in December when I’m back there for a month on a tourist visa - The tourist visa is valid until June 2011

Can I leave on the tourist visa and return on the tourist visa once the spouse visa is approved?

 

Or would I need to get a new Tourist Visa that would be valid from Dec 2010 to Dec 2011 in case the processing takes longer

 

Also, I know I need to be in Perth once the visa is granted, does this mean I can 'collect' the visa anytime after it is granted or does it mean I would have to be in Perth on the day it is granted????

 

TIA

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Guest SteEyns

StevieF8

 

I'd give the Oz Embassy a ring, as I think you cannot apply for a permanent visa while in Oz on a tourist visa.

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Hi Stevie,

Have you got your tourist visa yet? If you have you need to check it for the condition condition '8503 No further stay.' If you have that condition on your visa you will not be able to apply for your spouse visa in Australia whilst on that particular visa.

 

Your best bet in any case is to lodge your application from the UK. It will be easier to obtain all the documentation you need and if by any chance it has not been approved by the time you want to fly over here, you can apply for a tourist visa whilst your application for the spouse visa is pending. You also won't need to worry about the possibility of being turned away my Immigration at the airport who would be in their rights to do that if they thought you were using your tourist visa to enter the country to apply to stay.

 

In answer to your question regarding how long you have to pick up your visa once it has been granted, I think it's something in the region of 21 days. Your Case Officer, once you receive one, will be able to tell you more. Don't forget that if you intend to travel between the date you apply and the date you hope to pick it up, you must keep the DIAC informed of your whereabouts so they can contact you with any questions as well as any good news!

 

Best of luck with it all. :smile:

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Thanks for the replies

This is what it says on the email I got granting my Tourist Visa, Valid March 2010 - March 2011

"It is important that the visa holder does not remain in Australia after their Subclass 676 Tourist visa ceases. If they do so, they will become an unlawful non-citizen and must be detained and removed from Australia (unless they make a valid application for, and are granted, a visa of another class)."

So now I guess I’m only concerned in the 21 days I would have to collect the visa if I applied in Oz and then came home, which shouldn't be a problem taking a quick 7/10 days trip over there if needed?

I know I can apply in London but, it's complicated,

My wife is in Perth and I am in the UK,

She is coming back to the UK in March 2011 for 3 months and then returning to Oz in June 2011

So I didn’t want to apply here in case she went back and the visa wasn’t granted and we got called to interview

Also, I thought it would be easier to present our case in-person in the Perth Office

I can get the medicals and the Police Checks done here before I go and take them with me and hopefully this would speed up the process....

Or have I missed something here? Just need to get the plan of attack in place before I do anything!

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If you apply for an onshore Partner visa while you are in Australia, you will be granted a Bridging visa which will take effect when your tourist visa expires and which will enable you to stay in the country until a decision is reached on your Partner visa application.

 

If you need to travel outside the country while on your Bridging visa, you must apply for a Bridging visa B which, if granted, will allow you to stay away for (probably) up to 3 months.

 

When you return to Australia with the BVB validity, your original Bridging visa will continue until your Partner visa application is finalised.

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Hi Stevie,

I don't want to pry obviously but if a telephone interview is all you are worried about, I wouldn't! If responses here on the forum are any indication it's rarely requested. If you have any other concerns or complications to worry about, please do have a chat with an expert RMA. Although many people do travel over here on a tourist visa with the intention of lodging an onshore application, it is only luck that they are not caught and turned away by Immigration. Being turned away does go against your application so if you can get your application lodged before you leave you will sleep easier. It also means that you get into that queue sooner than you would if you wait until later in the year. With waiting times as they are and an upcoming election you're better off getting it in as soon as possible.

 

Best of luck. :hug:

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