Spousal Visa - Where to Start?

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  • 1 Post By tijanaoc
  • 1 Post By Skybluebrewer

Spousal Visa - Where to Start?


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Old 05-19-2017, 08:42 PM
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Spousal Visa - Where to Start?

Hi Guys,

My wife and I both live in Canada and are Canadian Citizens. I am also an Australian citizen and my family all lives in Australia. Unfortunately the situation at home (in Australia) has taken a turn and we have decided that we need to move back and base ourselves there for a few years.

We would ideally be aiming to do this at the beginning of 2018. Are you able to advise the correct process for this including the visa required for my wife to be able to work when we arrive? Would there be benefit in applying from Canada now (assuming long wait times) or would we wait until we arrived to start the application process?

Starting from the start here.

Thanks!
Chris


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Old 05-19-2017, 08:59 PM
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As a start, I would recommend familiarising yourself with the Partner Migration Booklet.

You can apply for her visa offshore (309/100) or she can "visit and decide to stay" and apply onshore (820/801). Generally the 309/100 visas have been processed faster in low risk countries than the 820/801 visa which have a long wait time at the moment. If applying onshore she would be granted a Bridging Visa (BVA) which has full work rights, however from other people sharing their experiences I have noticed some people find it difficult to find employment as some employers are reluctant to hire someone on a bridging visa (even with work rights). So from that point of view a 309/100 is a safer bet.

Also bear in mind that the process for Partner visas looks to be changing from July 1st, with sponsor having to be approved first before the partner can lodge their own application (at the moment this is done concurrently). So if I were in your situation (which I kind of am ) I would gather your evidence and apply before the end of June.

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Old 05-19-2017, 10:30 PM
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With this much time, I would apply now for the offshore 309/100 before the application changes and small price increase take effect in July.

And depending on how long you've been together (3 years at time of app or two years and a child of the relationship), your wife can be granted the 100 permanent residency when she gets the 309 grant.

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Old 05-19-2017, 10:37 PM
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Thanks!

Our end goal is to spend Christmas 2017 with Family in Australia and for us to both start working near the end of January 2018.

If we arrive in Australia at Christmas on a tourist visa, is it possible to upgrade that to a bridging visa and apply onshore?

The 17 month processing times posted on the government website are quite alarming. We would like to be able to work with this schedule and are om to wait for visa processing onshore provided that Stacey can work with a bridging visa. Failing that I guess it makes sense to get the application in off shore ASAP and wait on the processing.


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Old 05-19-2017, 10:56 PM
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She can not work on a Visitor Visa and that is likely going to be a minimum of 3 months after arrival, you can apply for the onshore Partner Visa but the bridging visa will not start till the visitor visa expires (3 months)

Would she qualify for a Work Holiday Visa?


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Old 05-20-2017, 12:54 AM
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Quote:
Originally Posted by priceyruns View Post
Hi Guys,

My wife and I both live in Canada and are Canadian Citizens. I am also an Australian citizen and my family all lives in Australia. Unfortunately the situation at home (in Australia) has taken a turn and we have decided that we need to move back and base ourselves there for a few years.

We would ideally be aiming to do this at the beginning of 2018. Are you able to advise the correct process for this including the visa required for my wife to be able to work when we arrive? Would there be benefit in applying from Canada now (assuming long wait times) or would we wait until we arrived to start the application process?

Starting from the start here.

Thanks!
Chris
Under the circumstances you describe,I would apply offshore asap.

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Old 05-20-2017, 01:45 AM
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75% of apps processed in 16 months, NOT a 16 month wait time. Offshore partner visas have been processing faster than onshore, especially from Canada from what I've seen on this forum. There is a good chance your visa would be processed before early next year.

I would not wait if I were you. Especially with changes coming in July.

Most recently, a 309 was approved in just under 2 months.

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PMV 300 applied from USA: 17 Dec 2015
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Police checks submitted: 01 Feb 2016
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300 granted: 09 May 2016
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820 granted: 28 Sep 2016

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Old 05-20-2017, 01:52 AM
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With the 309, your wife will be eligible to work as soon as she arrives in Australia and will be able to travel in and out as much as she likes.

With the 820 onshore, she would have to apply for thr partber visa then wait for the current stay to expire on her tourist visa to have the Bridging Visa A (BVA) take effect. She would have work rights once that happens but many people say it is difficult to find a job on a bridging visa or even on a temporary partner visa. She must also remain in Australia for the grant of the visa, and if she wishes to leave Australia she would have to apply for a BVB for travel rights, and those usually only cover the length of travel. Wait times for 820 seem to be longer than 309s.

And as I already said, she may be eligible to go straight to PR depending on how long you have been together. If that's the case, if you applied for the 309/100 and had it granted before the move, she would be moving to Australia as a Permanent Resident and all the benefits of, and many say permanent visas are what employers prefer.

__________________
PMV 300 applied from USA: 17 Dec 2015
Medicals submitted: 13 Jan 2016
Police checks submitted: 01 Feb 2016
Asked to leave Oz for grant: 04 Apr 2016
300 granted: 09 May 2016
820/801 applied: 08 Sep 2016
820 granted: 28 Sep 2016

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Old 05-23-2017, 04:47 PM
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Thanks for the information everyone! We know what we need to do now.

Cheers
Chris


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Old 05-23-2017, 05:23 PM
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I might add that the Australian High Commission in Ottawa has been very helpful to me in answering questions and explaining the procedure. They apparently are the answer center for all of the America's.


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