HuwandDonna Posted June 2, 2011 Share Posted June 2, 2011 Hi, Been here before but have been looking for some more info regarding visa applications. I am a little confused to say the least! I hope someone can help me here!!??!! Ok Me and my family are uk residents. Me, My Partner (Not married) and our two young children. (4 and 7 years old). I have aussie citizenship as I lived there when I was younger. And my two children have aussie citizenship because of me! (By descent). What I want to find out is: Do we need to go down the route of SubClass 309 & SubClass 100 (Applying from the UK) Or... Can we go for applying onshore (in aus) on the SubClass 820 & 801?? Also: For both it mentions that the cost would be NIL if subclass "You hold a 445 Dependent Child visa" - Would this be something that my partner can apply for?? Any help would be appreciated Thanks Huw Link to comment Share on other sites More sharing options...
RockDr Posted June 2, 2011 Share Posted June 2, 2011 Since you are currently in the UK, best to go for an offshore application. These are cheaper and currently have faster processing times than the onshore visas. You can apply now, and the clock starts ticking straight away, rather than waiting to get out there, then apply, then wait even longer. To apply onshore, your wife would have to be in australia on a valid visa. While it is possible to apply off a tourist visa (if it doesn't have a "no further stay" restriction), this is very much frowned upon, and she may be turned back at the airport if immigration suspect that you are coming over to live rather than on holiday. Additionally, even if she did get into the country and applied onshore, she would have no work rights in australia until the visa was granted. It is however perfectly fine to apply offshore in the UK, then fly to australia on a tourist visa to visit family (i.e. you and the kids) while she waits for the visa to be ready. She would need to go to NZ or Bali or somesuch for a week once the visa is ready for grant. Either way, if she is under 31, she could go out on a working holiday visa, which would give her restricted work rights (only 6months with the same employer) while the partner visa comes through. Link to comment Share on other sites More sharing options...
wrussell Posted June 3, 2011 Share Posted June 3, 2011 Hi, Been here before but have been looking for some more info regarding visa applications. I am a little confused to say the least! I hope someone can help me here!!??!! Ok Me and my family are uk residents. Me, My Partner (Not married) and our two young children. (4 and 7 years old). I have aussie citizenship as I lived there when I was younger. And my two children have aussie citizenship because of me! (By descent). What I want to find out is: Do we need to go down the route of SubClass 309 & SubClass 100 (Applying from the UK) Or... Can we go for applying onshore (in aus) on the SubClass 820 & 801?? Also: For both it mentions that the cost would be NIL if subclass "You hold a 445 Dependent Child visa" - Would this be something that my partner can apply for?? Any help would be appreciated Thanks Huw You are looking for trouble. Stop looking for dangerous shortcuts and run your case past a registered migration agent. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted June 3, 2011 Share Posted June 3, 2011 Since you are currently in the UK, best to go for an offshore application. These are cheaper and currently have faster processing times than the onshore visas. You can apply now, and the clock starts ticking straight away, rather than waiting to get out there, then apply, then wait even longer. To apply onshore, your wife would have to be in australia on a valid visa. While it is possible to apply off a tourist visa (if it doesn't have a "no further stay" restriction), this is very much frowned upon, and she may be turned back at the airport if immigration suspect that you are coming over to live rather than on holiday. Additionally, even if she did get into the country and applied onshore, she would have no work rights in australia until the visa was granted. It is however perfectly fine to apply offshore in the UK, then fly to australia on a tourist visa to visit family (i.e. you and the kids) while she waits for the visa to be ready. She would need to go to NZ or Bali or somesuch for a week once the visa is ready for grant. Either way, if she is under 31, she could go out on a working holiday visa, which would give her restricted work rights (only 6months with the same employer) while the partner visa comes through. I agree with RockDr...offshore is quicker and cheaper, plus you can get the ball rolling sooner. You will be allowed to travel on a tourist visa whilst your application is being processed (I went for almost 3 months on the eVisitor visa, others here have used the e676 Tourist Visa to go for longer), but you will need to be out of the country for the visa to be granted. If she is under 31 then the WHV does give work rights also, so that could be a good option. If you've got all the info you need for your application, do it offshore and you will have your end result sooner. Link to comment Share on other sites More sharing options...
HuwandDonna Posted June 3, 2011 Author Share Posted June 3, 2011 Regarding the offshore visa application: My partner would not be willing to goto NZ like you mention above. So does that mean we will apply, then wait in the UK until the permanent visa is approved? And once the Permanent visa is approved, how long will she have to actually move to Australia? Does it run out? Also, what is meant by the Dependant Children Visa? We have two young children. Both have aussie citizenship. Thanks Link to comment Share on other sites More sharing options...
Pumpkin Posted June 3, 2011 Share Posted June 3, 2011 Regarding the offshore visa application: My partner would not be willing to goto NZ like you mention above. So does that mean we will apply, then wait in the UK until the permanent visa is approved? And once the Permanent visa is approved, how long will she have to actually move to Australia? Does it run out? Also, what is meant by the Dependant Children Visa? We have two young children. Both have aussie citizenship. Thanks Has no relevance to you, your spouse need the visa and they are not your child. :wink: Link to comment Share on other sites More sharing options...
HuwandDonna Posted June 3, 2011 Author Share Posted June 3, 2011 Has no relevance to you, your spouse need the visa and they are not your child. :wink: ? My partner and I are the parents of our children... If that;s what you meant??!! Yes my partner needs the visa (our children dont), so that is not applicable to us then? Thanks Link to comment Share on other sites More sharing options...
HuwandDonna Posted June 4, 2011 Author Share Posted June 4, 2011 Has anyone here had to obtain the SubClass 309 & SubClass 100? How did everything go for you? Link to comment Share on other sites More sharing options...
HuwandDonna Posted June 4, 2011 Author Share Posted June 4, 2011 What happened to the reply?? It was there this morning before I could reply back!??! Also; If the visa is temp visa is granted, when does the next process happen? Getting the Permanent visa? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted June 5, 2011 Share Posted June 5, 2011 Regarding the offshore visa application: My partner would not be willing to goto NZ like you mention above. So does that mean we will apply, then wait in the UK until the permanent visa is approved? And once the Permanent visa is approved, how long will she have to actually move to Australia? Does it run out? Thanks If you apply offshore, you don't need to wait in the UK for it to be approved. You can both travel anywhere in the world you want, including Australia on a tourist visa for example, but at the time your partner's visa is approved, she needs to be out of Australia. She can be anywhere in the world as long as it's not Australia. This is only at the point when the visa is granted, so it need only be for a few days. Go a holiday - go to Bali for a week! If there's no rush to go to Australia, then by all means wait in the UK...she will be able to work in the UK, but if she were to go to Australia on a tourist visa and apply onshore, she would have no work rights until it was granted (in 8-9 months). Your partner must enter Australia within 12 months of her medical or Police check, whichever is earliest. So if you get your police check done on 1st July 2011, medical 1st August 2011, apply for visa 1st September 2011, have it granted 6 months later on 1st March 2012, then your partner must make a visit to Australia by 30th June 2012. Police checks and medicals are only valid for 12 months, so you need to validate your visa before they expire. She only needs to cross the broder to validate it...she can leave the next day if she wants and the visa is then valid...but she needs to land in Australia within 12 months. If you are granted a SC 309 visa, you basically contact DIAC telling them your current address around 22 months after applying originally and they tell you what they need. I haven't reached that point yet. They should contact you, but in case you have moved around it's just as easy to contact them. You willl need new police checks, probably no more medical, and some evidence that you have remained together as a couple (joint bills, bank accounts, correspeondence again.) There is no application fee as you have already applied for this visa in your original application. The Dependent Children Visa is a visa which would apply to a child. Your partner isn't a child. Your children are Australian Citizens, so they do not need visas at all. Link to comment Share on other sites More sharing options...
sponts Posted June 25, 2011 Share Posted June 25, 2011 If you apply offshore, you don't need to wait in the UK for it to be approved. You can both travel anywhere in the world you want, including Australia on a tourist visa for example, but at the time your partner's visa is approved, she needs to be out of Australia. She can be anywhere in the world as long as it's not Australia. This is only at the point when the visa is granted, so it need only be for a few days. Go a holiday - go to Bali for a week! If there's no rush to go to Australia, then by all means wait in the UK...she will be able to work in the UK, but if she were to go to Australia on a tourist visa and apply onshore, she would have no work rights until it was granted (in 8-9 months). Your partner must enter Australia within 12 months of her medical or Police check, whichever is earliest. So if you get your police check done on 1st July 2011, medical 1st August 2011, apply for visa 1st September 2011, have it granted 6 months later on 1st March 2012, then your partner must make a visit to Australia by 30th June 2012. Police checks and medicals are only valid for 12 months, so you need to validate your visa before they expire. She only needs to cross the broder to validate it...she can leave the next day if she wants and the visa is then valid...but she needs to land in Australia within 12 months. If you are granted a SC 309 visa, you basically contact DIAC telling them your current address around 22 months after applying originally and they tell you what they need. I haven't reached that point yet. They should contact you, but in case you have moved around it's just as easy to contact them. You willl need new police checks, probably no more medical, and some evidence that you have remained together as a couple (joint bills, bank accounts, correspeondence again.) There is no application fee as you have already applied for this visa in your original application. The Dependent Children Visa is a visa which would apply to a child. Your partner isn't a child. Your children are Australian Citizens, so they do not need visas at all. Please excuse my barging into this thread, I am currently waiting for my 309/100 application to be processed. I am in the UK and my partner is in Aus (she is an Aus citizen and currently studying). I have read elsewhere that plenty of people fly over on tourist visas, wait for their partner visas to reach finalisation then fly to Nz (for example) to complete this process. I would be looking to do this.. though presumably there is nothing stopping an immigration officer turning you away at the border for not having a return flight to the Uk or for that matter, one to NZ as my CO may well not tell me the date of finalisation. This would make it hard to book a flight to NZ to prove I was 'moving on' once the tourist visa expires. How do people get around this?? Do CO's make a habit of providing you with a cover letter to present to immigration in Australia? If anyone can provide some insight into this I would be very grateful as the prospect of being apart for the full 5-6 months is not a pleasant one. Many thanks, Sponts Link to comment Share on other sites More sharing options...
RockDr Posted June 27, 2011 Share Posted June 27, 2011 If you have proof of funds to buy yourself a ticket to NZ (maybe print off a couple of quotes to show you've looked the price up, and have a bank statement showing enough savings to buy a ticket), along with proof you've applied for a spouse visa, you should be OK, as they know you HAVE to leave the country to get your visa granted, and there is no incentive for you to stay illegally. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted June 27, 2011 Share Posted June 27, 2011 Your CO won't give you any authorisation to travel as none is needed and it isn't their decision whether to let you in or not anyway, that is the role of the immigration officer at the border. If you land with a bag full of carpenters tools and copies of lots of training certs, CVs, official paperwork, and farewell cards from family and friends then you will find the immigration officer has reason to suspect you may be planning on working in Oz or staying longer than your tourist visa allows. If your baggage doesn't suggest anything other than tourist purposes, you are from a low risk country, you can prove you have funds to leave and as Rock DR says, you have a visa application in progress which you have spent a lot of money making and which requires you to leave, then you are extremely unlikely to be refused entry. I traveled on a eVisitor tourist visa to Oz for 10 weeks or so while my Offshore Spouse Visa 309 was in progress. I had no problems at the border, although I did have a return flight booked. I told my CO I was going so she didn't grant it while I was there, and gave her contact details so she could reach me in case she needed any further info. Link to comment Share on other sites More sharing options...
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