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Discussion Starter · #1 ·
We have applied for spouse visa (sub-class 309) offshore and the application is currently under process. My wife is currently in Australia on a tourist visa (subclass 600). Just wonder if someone could advise if there any chance of getting a bridging visa so that she could remain in Australia until we get a decision on the spouse visa.
 

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We have applied for spouse visa (sub-class 309) offshore and the application is currently under process. My wife is currently in Australia on a tourist visa (subclass 600). Just wonder if someone could advise if there any chance of getting a bridging visa so that she could remain in Australia until we get a decision on the spouse visa.
That unfortunately is NOT possible because you have already applied for an offshore partner (309/100) visa. Bridging visa is for applicants who lodge visa applications onshore i.e. partner onshore (820/801) visa application. Bridging visa lets the applicant stay in Australia LEGALLY after their substantive visa runs out while their new substantive visa application is being processed onshore.

I've never heard of a case who was able to do what you wish to do. It is not possible to get a bridging visa for people who are on a visitor visa which has a condition 8503 "No Further Stay" on it. Wavering this condition is not possible UNLESS (maybe) obviously there are compassionate and compelling circumstances.
All applicants from high risk countries have this condition on their visitor visa.

SUGGESTION:- As soon as you get a case officer allocated or latest when your file is sent to the final queue, make sure the applicant is offshore without AHC notifying you to do so. If AHC has notifies the applicant to get offshore, your file will lose it's spot in the final queue and AHC will place it at the bottom of the pile and you will have to wait for another 2-3 months to get the visa.

There have been uncountable number of cases where AHC has told the applicants that they will inform them once they are about to approve the visa so that the applicant can get offshore and to satisfy the "offshore" condition, many applicants fell for this and had to experience delays.

When did you lodge your application and to which VFS?
Hope this helps. Good Luck!!

Kind Regards,
Becky
 
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Actually it's very, very common for applicants to come on a visitor visa and through letting DIBP know of their travels, the CO then lets the applicant to know to go offshore and the visa is granted once they do so. So this shouldn't be a problem.

But no, if the application was lodged off shore, your partner will not qualify for any bridging visa.
 

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Discussion Starter · #4 ·
Thank you Becky for your reply. The visa does not have a No Further Stay condition. We have applied onlibe through immi.gov.au. And completed her medicals here as well. The number provided on her application is ger indian number initially which is not in use at the moment as she is here in Australia. Also is the case officer that called her wen she received her visitor visa the same foe the partner visa as well? Hope this helps.
 

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Actually it's very, very common for applicants to come on a visitor visa and through letting DIBP know of their travels, the CO then lets the applicant to know to go offshore and the visa is granted once they do so. So this shouldn't be a problem.

But no, if the application was lodged off shore, your partner will not qualify for any bridging visa.
Australian High commissions in different countries follow Slightly different rules. In case of AHC New Delhi, if they have to notify the applicant to get offshore, the file as I mentioned earlier will lose it's place in the final queue and will be placed at the bottom and will have to make it's way back to the top which can take months.

But if AHC knows that the applicant is already offshore, as soon as the file reaches the top, the officer grants the visa instead of sending the applicant a notification.
There have been many case from India who had to face horrible delays.

Good Luck!!

Kind Regards,
Becky
 

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Thank you Becky for your reply. The visa does not have a No Further Stay condition. We have applied onlibe through immi.gov.au. And completed her medicals here as well. The number provided on her application is ger indian number initially which is not in use at the moment as she is here in Australia. Also is the case officer that called her wen she received her visitor visa the same foe the partner visa as well? Hope this helps.
No worries, veenaunni! Happy to help :)

I'm not too sure about the case officer, I can find out though if you'd like.
When did you apply for the partner visa? Does the visitor visa have a "maximum stay period" on it? Usually visitor visas have 3 months maximum stay.

Look forward to your reply. Good Luck!

Kind Regards,
Becky
 
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Discussion Starter · #7 ·
Hi again Becky.. we applied for her spouse visa on 12th March. Then she flew to Australia in April on tourist visa with 3 months stay. Got an extension in July. So do how we know when shud she be offshore before receiving a notification from the AHC? Thanks again.
 

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Important Tips

Hi again Becky.. we applied for her spouse visa on 12th March. Then she flew to Australia in April on tourist visa with 3 months stay. Got an extension in July. So do how we know when shud she be offshore before receiving a notification from the AHC? Thanks again.
Thanks for your reply. ]As per the latest information, AHC New Delhi is allocating case officers to January 2014 applications. So your partner is alright to be onshore for another 2-3 months.
AHC is currently taking 30-31 weeks since date of application to allocate case officers.
So either as soon as you are nearing 30-31 weeks since date of application or have been allocated a case officer, you can start making arrangements for your partner to get offshore.
Below is the link from AHC New Delhi website with the processing time frames:-
http://www.india.embassy.gov.au/ndli/vm_processing.html

Also in some cases, AHC will simply wait for the applicant to depart Australia and go back to India to forward the file to the final decision.
ANOTHER IMPORTANT TIP:- Applicant must return to India, this is not a rule but AHC seems to follow this secretly and those who didn't follow it faced delays. So better to return back to motherland rather than cause delay and waste money.
There were cases where the applicant flew to Australia's neighboring countries to satisfy the offshore condition and had to face 3-4 months delay.

So do how we know when shud she be offshore before receiving a notification from the AHC?
- AHC/your case officer is most likely to contact the applicant by email or by phone. Most case officers call the applicants either for a brief phone interview, introduce themselves to the applicant and/or to request additional documents.
- Once the applicant supplies the additional documents to the case officer, he/she assess them and then notifies the applicant along the following lines:- "initial assessment is completed in your application and your application has now been forwarded to the final queue for final assessment".
- Once you receive this email, PACK YOUR BAGS and RUN!!! ;););) Get offshore ASAP!! and inform AHC when you arrive in India.
- As per the current trend, it's taking 30-60 days since 'Date of Queue' to get the visa approved.

Also is the case officer that called her wen she received her visitor visa the same foe the partner visa as well? Hope this helps.
- The case officers are different for visitor visa and partner visa applications.
There is a different case officer to process the visitor visa application but he/she will cross check the details of the partner visa application file number and other relevant details.
Hope this helps. Good Luck!!!

Kind Regards,
Becky
 
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