[Adamantine]

Hello everyone. I am new to this forum but not new to long distance love.

My SO and I are engaged and are wanting for him to move to Sydney on the 820 partner visa. We are hoping to apply in October 2014. I have a few questions regarding the visa and myself as a sponsor.

The plan is for him to visit on an ETA and apply onshore. He has already lived with me in Australia for a year on the WHV, from May 2012-2013, so this is not an option anymore.

Is it common to enter (and apply for partner visa) on an ETA, and will he be allowed to enter Australia with a one-way ticket on said visa? I fear that he will be questioned at immigration upon landing in Sydney.

Once you apply for the 820 visa, is the applicant granted a bridging visa straight away? I read on the immi website that applicants "may" be granted one, not "will" be. I'm just a little confused over the wording and whether it was deliberate.

I work for a small business, but the owner pays us cash in hand. Will this affect my ability to prove I can financially support my partner? Will it reflect negatively on my part as his sponsor?

I have been working there for 8 months now. I don't really enjoy my job but of the three managers, 2 are leaving in the next 3 months. I will be the only one left, so I feel very stuck and obligated to stay as long as possible (or until the owner trains up 2 more managers.). I know that the owner will be fine with writing a stat dec claiming that I have worked there for X amount of time. I just want to know whether the tax thing will be a problem.

The other option for us is the PMV, but we are leaning more towards 820 onshore visa as he will be able to stay with me during the processing time.

Any advice would be greatly appreciated. Thank you for reading!!

 

[Maggie-May24]

The ETA is a tourist visa, so it's intended for people to be coming here as a genuine tourist. That said, numerous people come on a tourist visa and while they're here they just happen to decide to apply for an onshore partner visa.

Coming on a one-way ticket with a suitcase full of visa application paperwork may result in immigration questioning him about the purpose of his visit to Australia, so keep that in mind. If he applies for an onshore visa, then he will be given a Bridging Visa A.

I'll leave questions regarding the application itself to those with more knowledge on partner visas, but I've read threads saying that people on Centrelink benefits have successfully sponsored partners.

 

[CollegeGirl]

I... would be very, very concerned if you have not been paying taxes on your income. Immigration will be looking to see if you can support yourselves, and if you're not on Centrelink and yet have no reported income, that would look really, really suspicious. And yes, immigration and revenue agencies absolutely share information.

I think it highly likely you'll have to pay your back taxes before you can apply - you may want to consult a migration agent about this issue.

 

[Adamantine]

Thank you for your replies.

I think maybe my partner can purchase a return ticket, and then not take the flight back once we apply. Return tickets from LA to SYD are not much more expensive than a one way the last time I looked online.

Collegegirl, thank you. Your words have got me feeling like there's a pit in my stomach. I was studying in 2012 when my SO was living with me. During that time I took on a job working in my field of study. I then ceased my studies and quit centrelink as they were too much trouble to be worth it.

I left that job after 8 months and went overseas with my SO in May 2013 after his visa expired. I came back and found the job I'm in now. Both of these jobs have been under the table. I am not paid minimum wage because I don't get taxed.. My boss made me tick the tax free threshold box when I signed my tax forms. Ugh I'm not sure what to do now

 

[Star Hunter]

Eek! The tax issue is most definitely a "problem". DIBP are the Australian government, they absolutely 100% check information with other government agencies in order to assess a persons ability to sponsor or apply for a visa. They will not take your word for anything, believe me. Everything will be verified, so you can't lie and say you pay taxes, when you don't. You will need some income from somewhere - and centrelink income is perfectly fine. I'm not sure if you claim centrelink since your income is cash in hand, but if you do that could bite you in the butt as well.

That being said, the online 820 visa application to sponsor actually did not have a specific question relating to income of the sponsor - although from what I know it is a question on the paper app. You, as the sponsor do have to agree to an undertaking and they do ask for information regarding what housing/accommodation you will provide for your spouse. I chose to include evidence of my income (pay slips and centrelink statement since I have children and collect family tax benefit) just to cover all bases.

As to your other questions, my husband entered on an ETA on three occasions and the third time we got married and applied for the partner visa. It happens a lot. That being said, he needed a return ticket to get approved for the ETA so I imagine your partner will need to have a return ticket in hand as well.

Be prepared to be stopped by immigration and have your partner asked why he is visiting Australia - don't say it's to apply for a partner visa. My husband told them he was visiting his fiancée and exploring Australia. I'm sure they were aware that a partner visa was likely a factor, but I also don't think immigration care TOO much as long as it's not entirely obvious (since they do have a job to do after all).

He will get a bridging visa A once he applies for the partner visa. When they say "may" I think they are referring to the fact that some applicants who are not in Australia legally at the time they apply are actually granted a different bridging visa which has less rights attached. As long as your partner is in Australia legally at the time of lodgement, and his visa application is a valid one then he should get the BVA.

 

[Star Hunter]

Oh, just had to clarify my last comment regarding entering on an ETA and being questioned by immi. Do not lie, whatever you do. My husband told them honestly that he was visiting his fiancée and holidaying in Aus. He showed his return ticket and they waved him right through. He told the truth on his declaration, because he was visiting me and we made the decision to get married while he was on his visit. Lying will get you nowhere with immi, and it's not wise to do so. Be honest, and If you decide to apply for the partner visa once he is in Australia, that is perfectly legal and within your rights.

 

[Adamantine]

Thanks star hunter for your replies.

I am not on centrelink, I just work this one job and that is my only income. I've decided that I'm going to find another job in the next coming weeks. I have until October to get my things sorted.

When my fiance came to Australia twice previously, he said he was visiting family. I will tell him to be honest at immigration and to show his ticket. There is a possibility that I will be going to the US, and then I may bring him back to Australia with me. I guess he could tell them that he is traveling in Oz with me, too (this would be the truth.)

Thanks for all your responses. I have been unsure about the tax issue and wanted to clarify it long before I did anything or applied for any visas.