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Discussion Starter · #1 ·
Question: If I filed offshore for a partner visa (309) and the application has only been "received" in my immi account (no movement whatsoever), can I cancel the application, move over to Australia, apply again onshore (820) and use the receipt for the money spent on the offshore 309 as payment for the new onshore 820?
 

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There's no visa for you to move onto in order to apply for an 820.

By asking it shows your intent to do so and this will probably result in you being classified as a non genuine entrant for most visas and therefore ineligable for whatever visa you are looking to piggyback from.

Note this is totally an educated guess.
 

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Question: If I filed offshore for a partner visa (309) and the application has only been "received" in my immi account (no movement whatsoever), can I cancel the application, move over to Australia, apply again onshore (820) and use the receipt for the money spent on the offshore 309 as payment for the new onshore 820?
They absolutely will not refund your application fee to let you apply for a different visa, I'm afraid.
 

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Discussion Starter · #4 ·
There's no visa for you to move onto in order to apply for an 820.

By asking it shows your intent to do so and this will probably result in you being classified as a non genuine entrant for most visas and therefore ineligable for whatever visa you are looking to piggyback from.

Note this is totally an educated guess.
So what types of visas can you be on to apply for an 820? I have been told that you can come over on a visitor visa, apply for the 820, and the bridging visa will take effect once the 3 month visitor visa expires.

I just got off an international flight yesterday after visiting my husband in Australia for 2 weeks and I'm finding it so emotionally heartbreaking to say goodbye each time - we married in the US a year ago. We do this every 12-13 weeks. We have waited 5 months so far for the 309 and because of our children's needs, we have been contemplating scrapping it to get me and my children over there sooner. I guess if we really do decide to do this, we will get legal advice first.
 

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You're already 5 months in. I would just be patient if I were you. Fiscal year ends end of June and I've seen clusters of grants come in Apr/May time just before so you never know... you could have a grant in the next couple of months.

Once you have it, those few extra months of waiting will seem irrelevant in the big picture.
 

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Discussion Starter · #6 ·
You're already 5 months in. I would just be patient if I were you. Fiscal year ends end of June and I've seen clusters of grants come in Apr/May time just before so you never know... you could have a grant in the next couple of months.

Once you have it, those few extra months of waiting will seem irrelevant in the big picture.
I agree. We will most likely wait this out. My impatience is due to the fact that I have a daughter that is currently in her 10th grade year in school. We are trying to determine what classes she will need to take in her 11th grade year now which would involve some university classes. The year begins the end of August, so I'm thinking she may want to finish those university classes which will take us to May 2019. Also, there is some uncertainty involved in our application because it includes my 20 year-old adult son. That is why we decided to apply offshore. I guess I have concluded that if we applied onshore and we were denied the 820, at least we would have had a couple years together and then we'd work on getting my husband over to the US instead.

Planning and living your life is so frustrating when you are living in limbo!
 
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