Tourist Visa and Partner Visa

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Tourist Visa and Partner Visa


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Old 08-21-2012, 08:58 PM
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Question Tourist Visa and Partner Visa

Hi!

My partner and I are planning to apply for a De-facto visa. But as this visa can take up to 9 months to process plus all the time preparing documents etc we have decided to apply for a 12 month tourist visa first as we dont want to waste this time apart.

My concerns are:
A. On the tourist application his 'Purpose of visit' will be 'To live with my partner.' - will they deny his appliction and tell him to apply for a partner visa? Is it possible in 'Purpose of visit' to say 'to apply whislt within Austrlia for a partner visa'???
B. If granted and given the 'No further stay' condition... does that mean that we cannot apply for the De-facto? Even if it were to be granted after his tourist visa had expired?

My partner is Argentinian. We hve been together since September 2007. We have continually moved between Australia and Argentina and even lived together in New Zealand for 9 months. We want to settle down and start a life together without sacrificing time spent apart.

Any suggestions or advice or ANYTHING that could help would be greatly appreciated!!!!

THANKS!!!


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Old 08-21-2012, 09:30 PM
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Hey Katt!

1.) Tick the box that you are visiting family there
2.) If you do get a "No further Stay" condition, you will not be able to lodge the Partner visa

It sounds as if you have plenty of proof of living together for the past 12months?If so, apply for a normal 3-months tourist visa (and hope there is no No further stay requirement in it), collect more evidence within these three months (show that you set up a life in AUstralia as a de facto couple, maybe register your relationship if you live in the right state?) and apply for an onshore partner visa within these three month. Then, once the Tourist visa expires, your partner will get the bridging visa and that allows him to get his work restrictions removed (financial harship) if you wish.
Your waiting period is then done on a bridging visa!

Good luck!

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Old 08-22-2012, 01:39 AM
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Yep, Jazzyfizzle nailed it partner visit technically falls under family visit, and tourist visas are technically also meant for family visits. And sadly NFS can happen and there will be nothing you can do about it from what I know of... but you can always see about it when it happens, at least you'll be together for that time and you'll have time to think about your next step.

The only thing I want to caution you about is that Immigration decides on the length of tourist visas (3 month is "easy" - for 6 or 12 they *usually* (not always) want a reason to grant this to your specific situation) and your partner might have to give a compelling reason for a maximum stay... in which case you *might* end up walking a fine line between truth and half-truth because personally I wouldn't give another visa as a reason for the first visa.

Like Jazzy said you might be safer off with a 3 month visa and then applying for a partner visa. You might not want to take the risk of betting on a maximum tourist visa if you can do it differently with more security.

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Old 08-22-2012, 02:48 AM
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Quote:
Originally Posted by katt View Post
On the tourist application his 'Purpose of visit' will be 'To live with my partner.' - will they deny his appliction and tell him to apply for a partner visa? Is it possible in 'Purpose of visit' to say 'to apply whislt within Austrlia for a partner visa'???
I have to caution you very strongly against making any intimation to them that you're coming to Australia to apply for a partner visa. The principal condition of the tourist visa is that the applicant is a genuine visitor, which to the Department means visiting Australia or visiting family and friends in Australia. Their definition of 'visitor' also includes the fact that the applicant intends to return to his/her country at the end of the visit.

So you can put under 'purpose of visit' that you're 'visiting' your partner - but not 'living with'. You'll also have to provide evidence that you have reason to go back to your home country - something like a job or significant assets or close family remaining there.

You do however still run the risk of having the 'no further stay' condition placed on your visa if you get an unsympathetic processing officer who wants you to be offshore again when you apply for the partner visa - it happened to us.

A little while ago I posted the official guidelines that case officers use to assess tourist visa applications, and also my own experience with applying for a tourist visa for my husband to visit Australia - although he's from a high risk country.

I hope that helps. Good luck!

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Old 08-22-2012, 03:54 AM
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Originally Posted by Adventuress View Post
I have to caution you very strongly against making any intimation to them that you're coming to Australia to apply for a partner visa. The principal condition of the tourist visa is that the applicant is a genuine visitor, which to the Department means visiting Australia or visiting family and friends in Australia. Their definition of 'visitor' also includes the fact that the applicant intends to return to his/her country at the end of the visit.
Yep that is exactly what I meant bare basic regardless of which visa, if you apply for a visitor visa with the intention of applying for any other visa, Immigration will want you to just apply for that planned second visa right away as that visa is the true reason for you wanting to enter the country.

Even aside from risking being viewed as "abusing a tourist visa" that wasn't meant for this (which could seriously harm your chances of getting in again, as you have previously come in "under false pretenses" according to them) Immigration - rightfully - sees granted visas as very precious papers to hand out and if you are asking for a piece of paper that was technically not meant for you just to get the one that was meant for you... yeah just be careful with that.

Family visit is a valid reason to get a Tourist visa but just remember that for a longer Tourist visa they might need compelling reasons as to why you should be able to stay longer, and that would not be the time to mention a reason to do with a different visa

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Old 08-22-2012, 07:13 PM
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Thanks to everyone that has replied!

He has aleady come to Australia twice on a 3 month tourist visa. Both times he has had the No Futher Stay condition imposed

Do offshore partner visa applications take less time to process? How long appox? Would it be recommended to skip the whole tourist visa idea and apply for de-facto while he is in Argentina?

I am sure that many people on this site would understand that your life gets put on hold when you have an overseas partner - between travelling back and forth, paying flights, leaving employment etc!

I want to complete this process in the most inexpensive (NO migrant agent... recommended???) and quickest way possible (wishful thinking??).

Looking forward to your words of wisdom!!! THANKS!!


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Old 08-22-2012, 07:29 PM
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Hi again, Katt,

If he is less than 30 years old and holds an Argentinian passport, he might be eligible to come to Australia on a 12 month Work and Holiday Visa (WHV) for Argentinians. Unfortunately it's also possible for this visa to come with a 'no further stay' condition, which would mean he'd still have to back to Argentina before applying for a partner visa There is also a limit on the number of WHVs that they can grant to Argentinians - 500 for the financial year.

Since the biggest goal of anyone applying for a partner visa is to spend the least time apart, it would really be best if you could make an onshore application. But unfortunately since Argentina is a high-risk country and he's already had two 'no further stays', the chances that you'd be able to do this look pretty slim

Further bad news is that the offshore visa still might take up to 12 months to process since it's a high-risk country. In any case, probably more than 6 months.

However, the good news is that you can do it all yourself, without involving a single migration agent, if your case is pretty straightforward - as in plenty of relationship evidence, no significant criminal record, etc.

I'm sorry to be the bearer of a lot of unpleasant news, but unfortunately this is the trend of the partner visa at the moment: only downwards. And its affecting all of us, especially those from high-risk countries

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Old 08-22-2012, 08:19 PM
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Thanks Adventuress.

Unfortunately he doesnt meet the criteria for the working holiday visa

Looks like I'll have to get the whip cracking for the partner visa!!

Thanks for all the advice


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Old 08-22-2012, 08:33 PM
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You're very welcome

One final word of advice - if you're planning for him to visit you on a tourist visa in the near future, it would be best to apply for this and have it granted before you apply for the partner visa. This way you'll have a guarantee that you can see each other again in Australia before committing to the lengthy wait. If you apply for the tourist visa after you apply for the partner visa, they might not grant it as they may consider that he wouldn't be a genuine visitor. But that's up to the individual case officer, and whether he/she is sympathetic to international couples or not.

It might even work if you applied for the partner visa immediately after the tourist visa was granted. That way you'd be able to wait out some of the processing time together in Australia. However, you might have to ask some official source about this (like the DIAC information line - 131 881 from Australia, or make an anonymous call to the embassy in Argentina), because I don't remember reading any stories from people who'd done it in this order. On the other hand, I've never read anything that would indicate this wouldn't be possible.

Wishing you all the best with the application. And we all encourage you to come back to the forum to sort out any further questions or worries

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Old 08-23-2012, 03:13 PM
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Hello again...

Yes, I was thinking of doing just that - applying for the partner visa immediately after the tourist visa was granted. But I had concerns with the No Futher Stay condition...

On the immigrtion website it states: 'Your (Touist) visa may be granted with a 'No further stay' condition. If this is the case, you will not be granted any other visa (except for a Protection visa) while you remain in Australia.'

That can suggest that he can apply but not have it granted while he is still in Australia!?

I will look into this! Thanks again


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