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Guest RichieRich99

Going on hols to Oz whilst visa being processed?

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Guest RichieRich99

Hi Folks

 

is it ok to go to Oz via the normal tourist visa while my 121/856 offshore employer sponsored visa is still being processed ?

 

(Actually, 47ES not submitted yet - still waiting for ACS Skills Test result - but could be after 47es submitted)

 

Dont want to get turned back after the long flight !!

 

cheers

 

Richie

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Hi Folks

 

is it ok to go to Oz via the normal tourist visa while my 121/856 offshore employer sponsored visa is still being processed ?

 

(Actually, 47ES not submitted yet - still waiting for ACS Skills Test result - but could be after 47es submitted)

 

Dont want to get turned back after the long flight !!

 

cheers

 

Richie

 

 

I got a 176 visa app in and just got back from OZ...... it isn't actually being processed at the moment though....Suppose as long as you arn't onshore at the time of your offshore visa approval then it wouldn't be a problem.......its all about knowing how far your application has progressed.......

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Guest GeorgeD

I've applied offshore for a Partner Visa as my wife is an Oz PR. I then went to visit her for 10 weeks in Oz after I submitted my application using my tourist (eVisitor) visa.

 

I don't know if you get assigned a Case Officer with your visa, but for mine all I had to do was inform my CO when I was entering and leaving Oz. They will also appreciate your contact details in the event they need to get a hold of you quickly (like to tell you your visa is being granted so get out the country!)

 

One thing though, make sure you don't break any of the terms of the tourist visa, like staying too long or working, it's just not worth the risk.

 

I would also be careful with what you bring in your luggage...for example, copies of your CV, qualifications, birth cert, other official docs, look as though you are hoping to move permanently or work...the immigration officer at the airport might have reason to decline you entry. Also, don't bring things like tools if you are a joiner, lots of business suits and shoes but no t-shirts, if you work in an office environment, etc. The immigration officer needs to be sure that the purpose of your visit is tourism!

 

Other than that, you'll be fine!

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Guest RichieRich99

Hi georgeD

 

sound advice - many thanks

 

Richie

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Guest RichieRich99
I've applied offshore for a Partner Visa as my wife is an Oz PR. I then went to visit her for 10 weeks in Oz after I submitted my application using my tourist (eVisitor) visa.

 

I don't know if you get assigned a Case Officer with your visa, but for mine all I had to do was inform my CO when I was entering and leaving Oz. They will also appreciate your contact details in the event they need to get a hold of you quickly (like to tell you your visa is being granted so get out the country!)

 

One thing though, make sure you don't break any of the terms of the tourist visa, like staying too long or working, it's just not worth the risk.

 

I would also be careful with what you bring in your luggage...for example, copies of your CV, qualifications, birth cert, other official docs, look as though you are hoping to move permanently or work...the immigration officer at the airport might have reason to decline you entry. Also, don't bring things like tools if you are a joiner, lots of business suits and shoes but no t-shirts, if you work in an office environment, etc. The immigration officer needs to be sure that the purpose of your visit is tourism!

 

Other than that, you'll be fine!

Hi Georgie

 

me again... I remember reading somewhere in this forum about someone who did ok it with their Officer, but still got turned around and sent straight back onto the airplane by Immigration when they arrived in Australia (on their tourist visa while waiting for their permanent visa)....??

 

I really dont know what to do !!

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Guest GeorgeD

I was in exactly the same position as you...I really didn't know what to do either, as I had read several forum posts which said you needed permission from your CO, etc. I actually emailed mine three times and she ignored the question each time. I think because COs are very busy people and the question was irrelevant. Maybe it would've been good for a reply to tell me they couldn't give permission as none was needed, but I didn't ever get a reply.

 

There was a similar thread here: http://www.pomsinoz.com/forum/migration-issues/84801-partner-visa-can-my-partner-travel-australia-tourist-visa-stay-until-th.html

 

I posted on that thread with my own dilemma, and posted the research I had done. Here's the shortened official type info:

 

Does anyone have any links to websites/official sources which say you need to ask permission to travel? I was under that general impression too, but on closer inspection I can only find mention that I need to "inform" my Case Officer if I am visiting Australia. I am applying for a subclasss 309 Temporary Partner visa as we have only recently married. My fee was only charged on 18th May and I was advised the lead time is 3-4 months, so I am not planning on being in Australia any time around when the visa is (hopefully!) granted. The advice to inform your CO seems based on making sure you are in the right place at time of grant, in my case offshore.

 

The Partner Migration Booklet 1 says the following in Section 9:

Travel during visa processing

After you apply for a partner category visa, you should inform the department if you

intend to travel (either to or from Australia) while your visa application is being

processed. This is because, if you applied for a partner category visa while you were:

• in Australia, you must be in Australia at the time your temporary and permanent visas

are granted; or

• outside Australia, you must be outside Australia when the temporary visa is granted.

You may be either in or outside Australia when the permanent visa is granted.

 

The first mail from my CO included a standard line as follows:

 

I aim to finalise the processing of your visa application as quickly as

possible. During this period, it is important that you contact me to

advise of any change in your personal circumstances that may affect your

application (such as travel to Australia, pregnancy, a change of marital

status or a change of address)

 

The DIAC website says the following:

 

Change in circumstances You must inform the department if:

 

 

  • you change your residential address for longer than 14 days.
    See: Form 929 Change of address and/or Passport Details (105KB PDF file)
  • you wish to add or to change the person authorised to act on your behalf in connection with your visa application
  • the composition of your family changes as a result of birth, death or change in relationship status (married, divorced, entered a de facto relationship, separated) etc
  • you (or your family members) intend to travel to or from Australia while your visa application is being processed
  • if the circumstances of your sponsor or assurer change
  • your relationship with your partner ends.

 

From: http://www.immi.gov.au/migrants/part...-lodgement.htm

 

I can't find anywhere that says you need to request/ask permission, etc, etc...these three sources all suggest you just need to inform them that it's happening. Obviously you need an appropriate visa for the purpose of your trip, but a tourist visa would allow visiting of friends and family, such as a spouse. I want to spend time with my family, so the last thing I want to do is work. My eVisitor visa should suffice. BUT, I still have this nagging suspicion in my head that I should "ask" permission from my CO, despite the email from the High Commission, the DIAC website and the Partner Migration Booklet 1 suggesting otherwise.

I went to Oz at the start of June and returned to the UK a couple of weeks ago. No problems, no difficult questions, no hassle. If someone was refused entry, then we need to find out why they were refused entry. It is the sole decision of the Immigration Officer at the border to decide whether you are travelling with the most appropriate visa for the purpose of your trip. If you have a tourist visa, are a joiner and have a bag full of tools and are asked how long your visit is and you reply that you intend to stay in Oz forever and can't wait to start work, then you can guarantee you will be on the first plane home! If you and your baggage look and sound genuine then there is no problem. If the Officer believed they were likely to break the conditions of the tourist visa then they would have grounds to refuse entry. Having a Partner Visa Application in process is NOT grounds to refuse entry on a tourist visa.

 

I actually think DIAC can't "give permission" because it is the responsibility of the Officer at the border to decide there and then based on how you present yourself to them. Remember, it's the same as anyone who hasn't applied for a partner visa...you are judged by the information you give them, your baggage and your behaviour. You could argue that by having paid a fortune to apply for a partner visa you are less likely to break the terms of the tourist visa as you have a route to be there legally which is in process.

 

I was just as worried as you, but believe me, if you are going as a tourist, GO!! Enjoy yourself and relax, just don't do anything silly like bring a bag of tools! I was even panicking at the border but they had no interest in giving me a hard time. I've been back in the UK for almost two weeks now and the most difficult grilling I got by immigration was at Dubai when I had to leave the airport for a 19 hour stopover...they wanted to know why I had booked a hotel nearby rather than just spending the night in the airport!

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Guest RichieRich99

Hi George

 

cheers - thats good info... will probably try to get my Ozzie business sponsor to phone

and "check/inform"... and if thats ok, come over for a month (lots of "prep" like looking

at areas to live in Melb. , show the wife around, etc plus some holiday time!)

 

I'm in IT so no tools - but also no "absence of tools" !!

 

(ps: i'm biz sponsor visa, not a partner visa)

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Guest GeorgeD
Hi George

 

 

(ps: i'm biz sponsor visa, not a partner visa)

 

To be fair, you did mention that and I completely forgot!! I was reading another Partner Visa thread at the same time, sorry!

 

There may be guidance about "What to do after you apply" on the DIAC website relating to your visa...there was a guidance doc for partners and it has a section about that. You may still find there is guidance on what you do and don't need to tell them about, for example, your biz sponsor moving office, changing the terms of your offer, you moving house, going on holiday to Australia, etc, etc.

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