Living and Working in Australia Forum With Immigration and Travel Information - View Single Post - URGENT - Evisitor whilst waiting for Partner Visa to process
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Old 08-19-2010, 03:34 PM
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Originally Posted by cosbo View Post
Hi all,

The situation is: A European lady in a relationship with an Aus citizen, their child is born the date her Tourist visa in Australia (with a must leave Australia provision) is to expire. She contacts immigration in advance to see what can be done and they say she can get medical permission to stay for a couple weeks following birth of baby but then she needs to leave the country and apply for partner visa outside Australia. She initially books tickets to NZ to stay and process partner visa but upon departure at airport they deny her to leave Aus as she doesnt have a return flight from NZ to a country she has a visa for (had a return flight to Aus on the assumption she will get a partner visa). Then she books tickets to Europe for her and baby and hesitantly leaves hubby at home in Aus. She makes application (with cover note explaining the desperate situation they are in with 1 month old baby away from father etc.) to Berlin for partner visa the day she arrives and has been waiting about 1 months. She is now contacted to say the partner visa cannot be processed until Nov but she can return to Aus on a Evisitor visa to be with hubby. But she has to leave Australia AGAIN in November to wait in another nearby country for 5 days while they grant her Partner visa and she can then return.

Firstly I think this is a disgrace she will have to leave for a 2nd time. Can this be avoided with any desperate letter or call for special consideration from immigration?

Secondly, will she definately be allowed into Australia upon return with Evisitor (considering she has a current partner visa pending and her obvious intention is to stay permanently.)

Thanks so much for any assistance
Get a grip of yourself old son for the reason in the first place she could not fly to New Zealand was nothing to do with Australian Immigration as it is a New Zealand Immigration regulation that people flying there need to have an onward flight to a country where she has a right of entry.

It is an issue that I have posted about fairly often and what Fraulein could have done instead of flying all the way back to Germany was to buy a refundable ticket for Fiji from NZ and that would have allowed her to fly over there and come back on an ETA and apply here for a partner visa or apply for it over there and then come back on the ETA or Evisa.
But that's water under the bridge now.

It is a general rule for all visas that there is a principle of apply offshore, be offshore for the granting or apply Onshore and be in Australia for granting and barely any exceptions and certainly none in her situation.
And yes, with a Partner visa pending if she is granted an Evisa she'll be able to enter Australia on that and still have to take the trip to NZ for granting of the Partner Visa.