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Discussion Starter · #1 ·
Hi everyone,

First post and some information that I would like clarified, helped with and generally cleared up to anyone that has been in the same circumstance or can speak on with authority.

I’ve done some searches on the forum for answers and some do exist, but the time stamps on people with the same questions as I could possibly be outdated and I would love to hear fresh opinions on the subject. Apologies in advance if it does come across as a rehash of an old subject.

To the nitty gritty!

I (Australian citizen) married my long time partner (USA citizen) in July 2017. We are close to being together for 4 years. We married in Australia while she was here on an ETA visa (2 ETA back to back with 1 week in Japan in between to reset the 3 month ETA), after which time she returned to the USA (September 2017) to spend Thanksgiving and Christmas with her family. No overstay, we abided by ETA rules.

Our plan for this year was for her to return to Australia on the 462 visa to spend the year working and holidaying, being with me and establishing lives together beyond what we have already done in the past.

Sometime during this year, further plans to apply for an 820 visa to convert her into a partner visa while she is in Australia is the plan, but I’ve hit some crossroads in said plans and here stems my questions.

1. I’ve spoken to a migration agent in Melbourne and they basically told me that a no further stay is automatically applied to any 462. I’m confused by this, as there is much information on this website alone that contradicts this. Any help here would be great.

2. I’ve also been told that as she will put married on her 462 application and that she is married to an Australian citizen that it would doubly automatically flag the visa to apply a no further stay. More contradictions to what I’ve read.

3. Is doing it this way (462 to 820) considered risky or riding the fine line in terms of what the government deems bad for visa progression? If she comes here on the 462 and we have in our minds the intention of converting to 820 sometime around July, does that increase the chance of denial of 820 as she would be entering the country with intention to stay?

I ask all this based on answers given by afore mentioned migration agent. It’s just all very confusing, contradictory and complex. I do have further agents to speak to with appointments made to ask pretty much the same questions, but with so many couples on this forum, there surely has to be information that could be helpful.

Finally, the reason behind not just applying for an 820 now and then getting her to come to Aus on a 462 while decision is pending is that we simply don’t have the funds for an upfront $7000 bill and ~$3500 migration agent. I’ve recently started a small business and have invested heavily into it and expected returns are projected for June-July, hence being short right this moment. It was a decision we made together as it would be the foundation of our future job wise.

Any help, opinions, assistance given is greatly appreciated. If I left any pertinent information out, don’t hesitate to ask.

Thanks everyone!

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Further background information:

We’ve both been to each others respective countries 3 times a piece, me visiting/living with her in USA 5 months in total and she coming here to Aus for a total of 9 months thus far to live and be with me

We’ve joint travelled together to Japan last year for a week for honeymoon

I’ve spent 1 Thanksgiving there, 1 birthday (me), 1 birthday (her), 4th of July, 1 Easter in USA

She has spent 1 Christmas, 1 New Year, 1 birthday (her), 1 birthday (me), 1 Easter in Aus
 

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Discussion Starter · #2 ·
As a follow up with another migration agent, I've just been informed that it is not at all true that a no further stay would be attached to a 462 and that it would have no consequence to have my wife come to Aus on a 462 and then apply for an 820 onshore later this year.
 

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I went from a 462 to 820. There is a no further stay on the 462 but if you file for a 820 and get the bridging A, once the 462 is OVER the 820 bridging comes into play and you can stay.

Example. I came here on a 462 4/4/2017, filed for 820 30/12/2017, granted bridging A 30/12/2017.... 462 expired 4/4/2017... bridging takes over 4/4/2017.

I am not sure on the restrictions on being married vs single for 462 but I assume not much? may be worth a call to an agent to clear that up but anything after that should be easy and simple. contact me if you need more details and special wording from my grants.
 

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Just keep in mind possible changes to sponsorship laws (pre approved) may get introduced this year.
What are the possible changes to sponsorship laws? Is there something you can link me talking about this so I can keep up to date with what might happen?
 

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Sorry no link, but there is legislation said to be put forward under Domestic Violence and other reasons to have the changes made. It seems that the sponsor will then need preapproval before onshore Partner Visas and other visas can be made.

It seems this is nothing really to do with Domestic Violence, but a way to reduce onshore applications. Onshore application waiting times have blown out due to increase in numbers (due slow offshore processing). It would be far cheaper for visa processing in most offshore locations than Australian processing due local staff on local wages - but the same fee of $7,000.

Most of us don't expect any warning to when the changes will be implemented or on how long pre approval will take.
 

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If you're married I reckon she might struggle to meet the 'genuine visitor' criteria of the 462 visa.

A 309 could be an option, or her coming on an ETA then applying for an 820? Maybe worth a call to a registered migration agent.
 
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