Partner visa

[Waq]

Will appreciate if someone could solve my dilemma.

 

I have a permanent resident visa, validated, though I have not moved permanently yet.

 

I intend to get married in next couple of months and apply for the 309, which i understand takes about 6-9 months for approval, my question is how can I bring my going-to-be-spouse to Australia at the time of my move?

 

Please help if anyone has a clue. Thanks.

[Peach]

Yes, she can come with you but only on a tourist visa. You will need to co-ordinate this with your spouse's case officer so that your partner can go offshore (typically NZ) for the 309 visa to be granted and return on the new visa.

[Waq]

Yes, she can come with you but only on a tourist visa. You will need to co-ordinate this with your spouse's case officer so that your partner can go offshore (typically NZ) for the 309 visa to be granted and return on the new visa.

Thanks Peach, really appreciate your advice, and this forum, pomsinoz stood by me during the wait for the PR, i thought i will not need it again, but here i am.

[Waq]

Ok, one more call for help.

I guess once one applies for a spouse visa or an immigrant visa, tourist or visit visa is not issued? Therefore, in this scenario, what if she accompanies me to oz on a tourist visa, and we apply for the spouse visa "inside Australia". Any thoughts? will appreciate.

[rammygirl]

I believe it is both more expensive and takes longer for an onshore application. And she will also have to explain to immigration that she is not intending to visit as a tourist but to stay and apply for a visa.

 

The best route is to apply in UK then speak to your CO. She should be granted a long stay tourist visa so she can accompany you whilst the visa is being processed. This is all above board as you will have informed immigration. She may have to leave Oz briefly for the grant though.

 

Have a look at the processing times and other posts for more info.

[Waq]

Ok having looked at some threads, it seems that 820 is a good option, since we will like to be together, though it is expensive than the 309 (almost 1,000 aus $ extra).

I guess the way to go about it is, that she comes to oz on a tourist visa e676/which is for about 3 months or less, and we apply for the 820 right away, and she can get a bridging visa/s while our case is decided. Any thoughts?

[Guest GeorgeD]

Ok having looked at some threads, it seems that 820 is a good option, since we will like to be together, though it is expensive than the 309 (almost 1,000 aus $ extra).

I guess the way to go about it is, that she comes to oz on a tourist visa e676/which is for about 3 months or less, and we apply for the 820 right away, and she can get a bridging visa/s while our case is decided. Any thoughts?

 

You can apply for an e676 for 6 or 12 months, rather than 3 months. You need to pay for this visa at this length, rather than the free eVisitor visa for 3 months. This means you could apply offshore and then your partner could come to Oz for more than 3 months. She would have to leave for the partner visa to be granted, but other than that it's a similar route to teh onshore one, is cheaper and quicker.

 

If you are from the UK, the general consensus seems to be that you are cheaper and faster applying offshore. You can do it immediately, so the clock starts ticking earlier, and the lead time from the UK is currently around 4 months. What you are planning to do is wait until you are onshore to apply (delaying the start of the process), pay more for the privilege, and then wait longer on a decision. Your Partner won't be able to work during this waiting time (approx 10-12 months apparently) so there is also a knock on cost while they have no income. This financial difference may or may not have any impact on you, but the other thing to bear in mind is the social side of it. Having sat in Oz on a tourist visa for three months myself while my Partner was out working, I can tell you from experience...it gets incredibly boring! Getting a job also means meeting people and helps the settling in process. This is much more important than it might sound, it can be really lonely moving to a new country, especially if you can't go out and work. Applying onshore means your partner will need to wait almost three times longer before being able to work.

[Pptrixibell]

http://www.immi.gov.au/migrants/partners/partner/309-100/

 

Hi there,

I'm not sure if the criterion or legislation has changed since I applied for my Prospective Spouse visa (valid for 9 months and had the ability to work but not claim any benefits). However, hopefully the above link will keep you right there.

 

If you're in the UK at the moment, it's definitely a better idea to lodge your application there, and remember all of the evidence that has to be collated (which is probably with you and your partner) although I think there were witness statements required from 4 Australian nationals on mine, in which I did a reccie for two weeks (and to see my oh!) in Oz.

 

All the best :biggrin:

[Waq]

You can apply for an e676 for 6 or 12 months, rather than 3 months. You need to pay for this visa at this length, rather than the free eVisitor visa for 3 months. This means you could apply offshore and then your partner could come to Oz for more than 3 months. She would have to leave for the partner visa to be granted, but other than that it's a similar route to teh onshore one, is cheaper and quicker.

 

If you are from the UK, the general consensus seems to be that you are cheaper and faster applying offshore. You can do it immediately, so the clock starts ticking earlier, and the lead time from the UK is currently around 4 months. What you are planning to do is wait until you are onshore to apply (delaying the start of the process), pay more for the privilege, and then wait longer on a decision. Your Partner won't be able to work during this waiting time (approx 10-12 months apparently) so there is also a knock on cost while they have no income. This financial difference may or may not have any impact on you, but the other thing to bear in mind is the social side of it. Having sat in Oz on a tourist visa for three months myself while my Partner was out working, I can tell you from experience...it gets incredibly boring! Getting a job also means meeting people and helps the settling in process. This is much more important than it might sound, it can be really lonely moving to a new country, especially if you can't go out and work. Applying onshore means your partner will need to wait almost three times longer before being able to work.

 

Hi George, thanks a lot for such a comprehensive input, really appreciate it.

 

The cost differential in the onshore/off shore is about $1,000. It does effect me, and the wait as well. However, my predicament being, we are getting married in December, while I have also lost a year on my PR (approved in Sep 10), so not only I dont want to lose another year on it, we dont want to be living in 2 different continents after getting married ( I understand once one applies for a spousal visa offshore, a tourist visa in never granted.). Considering the above, any thoughts on an on shore spousal visa application being the best route. Also i guess one can apply for a permission for work on the basis of financial hardship, once the 820 is submitted.

Thanks once again.

[Guest GeorgeD]

Just to be clear...the fact you have applied offshore for a Spouse Visa in no way whatsoever excludes you from applying for and entering into Australia on a Tourist Visa while the application is being processed. I did it, and many, many others here have done it too with no issues. If you are travelling to Australia you need the most appropriate visa for the purpose of your visit...visiting friends and family is a perfectly legitimate use of a tourist visa. Tourist visas for UK Citizens are almost never refused unless you have broken some other visa conditions in the past or recent entered on tourist visas multiple times.

 

The comparison we are making is only really valid if you are applying from the UK where the processing time is as little as 4 months. If you are applying from a different country the lead time may be logner.

 

The 820 route you are suggesting will work, but it is not without its risks...the lack of working rights for 10-12 months being the biggest risk. There is also the risk that the Tourist Visa will be granted witha "No Further Stay" condition which means she can't apply for an onshore visa at all! If you apply onshore you can ask for the restriction on working to be lifted. You may only be able to do this once teh bridging visa kicks in (which is when the tourist visa runs out), although I'm not 100% sure. This, however, is not guaranteed to be granted. I'm sure I've seen posts on here where people have managed be allowed to work on a bridging visa while awaiting a decsions, but it is by no means the norm. The biggest worry is that as part of the Spouse Visa process requires the Sponsor (you) to make an Assurance of Support (AoS) that you will be able to support your Spouse for two years without the assistance of the State, and they note that migrants may not find employment as quickly as hoped, so the sponsor must be able to support them in that eventuality. So...basically on the one hand you are declaring that you will be able to support your Spouse for two years, and then on the other hand you are asking them to lift a working restriction because you can't support them! I think people here have been both successful and unsuccessful with this, maybe someone else could give their experience of this situation?

 

I understand what you mean about not wanting to be apart from your Spouse once you are married. I was in the same situation. We got married and my wife went back to Australia 5 days after the wedding and I stayed in the UK. We decided that the key thing was to get me there with working rights as soon as possible, as it would give me the best chance to settle in and have a life of my own, and give the two of us the best chance to start married life on a good footing...we both agreed that me sitting about for a year doing nothing with my wife going out to work to support us both maybe wasn't a good long term strategy! Whilst it isn't an ideal situation, living on two different continents once you are married won't necessarily make your Spouse Visa application any less likely to be successful...this is exactly the situation I had...in fact, we had never even lived together before or after getting married, and it was only when my visa was granted and I could join her in Oz that we moved in together, so it can be done that way.

[Waq]

Just to be clear...the fact you have applied offshore for a Spouse Visa in no way whatsoever excludes you from applying for and entering into Australia on a Tourist Visa while the application is being processed. I did it, and many, many others here have done it too with no issues. If you are travelling to Australia you need the most appropriate visa for the purpose of your visit...visiting friends and family is a perfectly legitimate use of a tourist visa. Tourist visas for UK Citizens are almost never refused unless you have broken some other visa conditions in the past or recent entered on tourist visas multiple times.

 

The comparison we are making is only really valid if you are applying from the UK where the processing time is as little as 4 months. If you are applying from a different country the lead time may be logner.

 

The 820 route you are suggesting will work, but it is not without its risks...the lack of working rights for 10-12 months being the biggest risk. There is also the risk that the Tourist Visa will be granted witha "No Further Stay" condition which means she can't apply for an onshore visa at all! If you apply onshore you can ask for the restriction on working to be lifted. You may only be able to do this once teh bridging visa kicks in (which is when the tourist visa runs out), although I'm not 100% sure. This, however, is not guaranteed to be granted. I'm sure I've seen posts on here where people have managed be allowed to work on a bridging visa while awaiting a decsions, but it is by no means the norm. The biggest worry is that as part of the Spouse Visa process requires the Sponsor (you) to make an Assurance of Support (AoS) that you will be able to support your Spouse for two years without the assistance of the State, and they note that migrants may not find employment as quickly as hoped, so the sponsor must be able to support them in that eventuality. So...basically on the one hand you are declaring that you will be able to support your Spouse for two years, and then on the other hand you are asking them to lift a working restriction because you can't support them! I think people here have been both successful and unsuccessful with this, maybe someone else could give their experience of this situation?

............................................

 

 

Hi George, thanks a lot once again, well I guess I am torn between the 2 choices, I hope I am putting the "problem" correctly:

 

Offshore (Pros): Cheaper, saves time. (Cons): May b she wont get a tourist visa to accompany me (I have to research this, dont know where i read it but it was something like once u apply in 1 cat off shore u cant apply in another until the 1st one is decided), she can definitely not work on the tourist visa.

 

Onshore (Pros): Can get a bridging visa and we don't have to par and may b get the work restriction lifted (if she gets too lonely sitting at home/which 1 is bound to get in a new country with no friends/family). (Cons): "No further stay" on the tourist visa, is it contestable somehow after arrival?, expensive than the off shore.

[rammygirl]

but it was something like once u apply in 1 cat off shore u cant apply in another until the 1st one is decided), she can definitely not work on the tourist visa.

 

 

 

 

Not true people apply for more than one visa offshore, you can only have one on-line application though the other would need to be paper. Not sure if it will be a problem with the tourist visa though.

 

People apply for all sorts of visas including spouse ones and travel to oz on tourist visas whilst these are being processed, you need to let your CO know what you are doing though. From a low risk country and with a valid application already lodged there should not be an issue. George has told you this already.

 

Also don't assume that you would get the work restriction lifted that easily, you would need to prove financial hardship I think - double check the rules on the DIAC website.

 

Honestly why don't you just apply now in the UK then the visa may well be granted not long after you get to Oz.

[Waq]

Not true people apply for more than one visa offshore, you can only have one on-line application though the other would need to be paper. Not sure if it will be a problem with the tourist visa though.

 

People apply for all sorts of visas including spouse ones and travel to oz on tourist visas whilst these are being processed, you need to let your CO know what you are doing though. From a low risk country and with a valid application already lodged there should not be an issue. George has told you this already.

 

Also don't assume that you would get the work restriction lifted that easily, you would need to prove financial hardship I think - double check the rules on the DIAC website.

 

Honestly why don't you just apply now in the UK then the visa may well be granted not long after you get to Oz.

 

Thanks a lot for your advice, I have been thinking "legally married" will be the most definitive evidence for the application, for certain circumstances prevent us from getting there before December. However, now an offshore application without further ado does seem to be a good idea. The legality of it in Dec will further prove the relationship.

[wellieboots]

Just to add to what everyone else has said - you can travel on a tourist visa while an application is being processed, as long as you tell your CO in advance - I did it while our application was in.

 

Good luck!

[Waq]

Guys, having decided on the off-shore visa, wondering if the fact that I am not in Oz right now, neither I have a job in Oz, can I still sponsor her?

 

Though we plan on bringing substantial funds to sustain us for a period between 6-12 months, and we can provide proof of their existence.

[Guest GeorgeD]

No problem sponsoring her while you are offshore...as long as you have PR or citizenship then you can sponsor, location is irrelevant. You also don't need to explain when you wil enter Oz and live there.

 

Not so sure about having no employment..although if you are curerntly living overseas and planning on movingto Oz then you would be giving up your job anyway. I don't think this is a major problem...Others here may be able to offer some advice in this regard.

[BackToAdelaide]

Guys, having decided on the off-shore visa, wondering if the fact that I am not in Oz right now, neither I have a job in Oz, can I still sponsor her?

 

Though we plan on bringing substantial funds to sustain us for a period between 6-12 months, and we can provide proof of their existence.

Most people applying offshore won't have a job in Australia lined up before they get there. It's kind of expected as you haven't got there yet. I'm the Aussie and will be the sponsor but as we're still living in the UK I don't have a job yet in Australia. I just wrote a short paragraph explaining my work history and my profession and that I'd never had trouble finding a job previously so I felt confident in supporting my partner financially.

 

You also seem to be hung up on the need to be married before applying for the visa, but it really doesn't make much difference. No offence, but anyone can get married. The criteria for the visa are much more involved than this and require you to prove a genuine and ongoing relationship. So provided you can do that and have been living together for at least 12 months continuously I really wouldn't wait until you're married to do the application.

 

Have you got all your paperwork sorted? It can take quite a while to collate and we were working on ours for quite a few weeks. If you need things from other people (eg stat decs or letters from family or friends) make sure you ask in advance to give them time to do it. Also, if you need to obtain documentation from other sources (maybe you don't have your birth certificate and need to request one or perhaps your parents have some of your records) make sure you get onto this now. I'd say most of this will be easier for you to do offshore as well if neither of you have lived in Australia previously as your records will all be offshore.

 

I don't know a lot about the onshore processing times but threads on this forum suggest it takes quite some time. My own experience with the offshore one was that my partner's visa was granted in just under 4 months from the date of application. If you have a look at the thread devoted to offshore processing times (bearing in mind these are applications from the UK) you'll see that 4-5 months is pretty standard.

 

Good luck with the application.

[wellieboots]

My DH (sponsor) didn't have a job in Oz before we got there, I'd imagine most people in that situation don't. Do you have a job at the moment? If so, that will be absolutely fine.

 

and I agree with others - if you have lived together for 12 months or more, then it won't make any difference if you are married or living together - I wouldn't get married unless you were already planning on it.

 

Good luck!

[Waq]

Thanks a lot guys, I think all my questions/apprehensions about the off shore application have been addressed. Keep up the good work!

 

I do have a job and a long work history and an even longer relationship history :-) .I do intend to apply before I get married in December.

[Guest GeorgeD]

Have you got all your paperwork sorted? It can take quite a while to collate and we were working on ours for quite a few weeks. If you need things from other people (eg stat decs or letters from family or friends) make sure you ask in advance to give them time to do it.

 

This was probably the thing which took the longest for us. You've no idea how difficult it is sometimes to get a statement out of even your closest friends as they had to put pen to paper!

[JoandJon]

This was probably the thing which took the longest for us. You've no idea how difficult it is sometimes to get a statement out of even your closest friends as they had to put pen to paper!

 

So true, I've still not got a Stat Dec from my little brother - and the application was sent off in June!

(his was just a 'bonus' stat dec - we had enough already so decided not to wait around!)

[bma]

Will appreciate if someone could solve my dilemma.

 

I have a permanent resident visa, validated, though I have not moved permanently yet.

 

I intend to get married in next couple of months and apply for the 309, which i understand takes about 6-9 months for approval, my question is how can I bring my going-to-be-spouse to Australia at the time of my move?

 

Please help if anyone has a clue. Thanks.

 

Hi Everyone

If I am not mistaken, you are all debating whether to go for 309 or 820.

But, Waq has only validated the PR visa, but hasn't actually moved to Australia, so he is not "usually resident" and can't sponsor his partner on 309. Please, correct me if I'm wrong.

Kind greetings to all,

BMA

[Guest jenny79]

Waq has only validated the PR visa, but hasn't actually moved to Australia, so he is not "usually resident" and can't sponsor his partner on 309.

 

my exact same thought... was under the impression that one was supposed to be residing in Australia at least for a short period of time. Don't know whether validating and returning home counts towards residency for the 309. it definitely doesn't count for citizenship. interesting to know whether there have been others in WAQ's situation.