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Discussion Starter · #1 ·
Hi there

Firstly thanks so much for such a helpful site! I am just getting confused by options and am not sure which is best... please see points below and please could you give your much appreciated advice on which option to go for and of course if I missing anything?

    • I am in South Africa, my husband in QLD, Aus. We got married in SA on the 10th December.
    • We are almost ready to apply for our Spouse visa, just awaiting my daughters unabridged BC, which is taking forever with no date of issue in sight.
    • I have been told "unofficially' by the Aus High Comm in SA that a complete and full spouse visa app can be approved in as little as 6-8 weeks in SA and therefore we want to submit only once receiving this BC. (Medicals are done and already submitted 3 weeks ago), Crim clearance also done.
    • We are wanting to set a date/book flights etc for my daughter and I to get to Aus in the 1st week of April, on tourist visa's which the idea of "popping over to NZ" when the spouse visa is approved
    • I want to and almost need to work as soon as get over to Aus, my husband certainly can show he can support us however i do have a couple of personal debts to sort out in SA and also will go crazy if I cannot work while we wait

      My concern is what if this BC only comes through in March, and i have wasted all this time waiting for it. I know that handing in the application without it will then make it an uncomplete one and will then take the 3-6 month turnaround (minimum).

      Should we rather:
      • Come to Aus first week April on tourist visa's
      • Apply for Spouse Visa onshore asap
      • Request that No Work condition be removed from the Bridging visa

      I guess my question is, is it easy to get the condition removed from visa?Also, if we come on a tourist visa - should it be for the shortest time possible, i.e 1 month so that the bridging one comes into play asap?

      Thanks in advance.. so confused!
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Hi there

Firstly thanks so much for such a helpful site! I am just getting confused by options and am not sure which is best... please see points below and please could you give your much appreciated advice on which option to go for and of course if I missing anything?

    • I am in South Africa, my husband in QLD, Aus. We got married in SA on the 10th December.
    • We are almost ready to apply for our Spouse visa, just awaiting my daughters unabridged BC, which is taking forever with no date of issue in sight.
    • I have been told "unofficially' by the Aus High Comm in SA that a complete and full spouse visa app can be approved in as little as 6-8 weeks in SA and therefore we want to submit only once receiving this BC. (Medicals are done and already submitted 3 weeks ago), Crim clearance also done.
    • We are wanting to set a date/book flights etc for my daughter and I to get to Aus in the 1st week of April, on tourist visa's which the idea of "popping over to NZ" when the spouse visa is approved
    • I want to and almost need to work as soon as get over to Aus, my husband certainly can show he can support us however i do have a couple of personal debts to sort out in SA and also will go crazy if I cannot work while we wait

      My concern is what if this BC only comes through in March, and i have wasted all this time waiting for it. I know that handing in the application without it will then make it an uncomplete one and will then take the 3-6 month turnaround (minimum).

      Should we rather:
      • Come to Aus first week April on tourist visa's
      • Apply for Spouse Visa onshore asap
      • Request that No Work condition be removed from the Bridging visa

      I guess my question is, is it easy to get the condition removed from visa?Also, if we come on a tourist visa - should it be for the shortest time possible, i.e 1 month so that the bridging one comes into play asap?

      Thanks in advance.. so confused!
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Hi welcome

I'm not an expert but i know that if you come to australia on a tourist visa there is a very good chance you will get a "No Further Stay" stamped on it which means you cannot apply for any other visa while you are in australia. I have heard that immigration don't like people doing this (if they get the "No Further Stay" removed) (though i can't be certain its just what i've heard).

I read somewhere that there are really long queues right now in australia to get a case officer....(i think maybe like 6 months or more) Can anyone confirm this? If this is the case you are better off applying from your country, may i ask which country you are from???

Goodluck
 

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Discussion Starter · #4 ·
Hi again.. so I might have done something silly today.. I forgot to mention that while i live in SA i do hold a British Citizen passport, as was born there. I went onto the Immi site and investigated a evisitor visa, the new version of the ETA? Anyway, I only asked for a 3 month one, and lo and behold, a couple of hours later i am informed on email my 12 month multiple entry visa is granted.. (gee why are the spouse ones not as easy!)

So now i have this 12 month visa granted, i have yet to put in my spouse visa app (apart from the medicals)... and still want to wait for my daughter BC to do so - so that its a full app...

Is this going to be an issue, apply for tourist before spouse being handed in offshore. Should we rather put it in onshore?

Also, as I have this multiple entry visa now, once the spouse is approved, whether applied on or offshore once i leave Aus, will the new spouse visa come into play or do we have to wait out the 12 month validity of the tourist one??

Please advise... so confused and stressed re what to do!
 

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kjr, if you are not the wife of KHFH, you have except for bub a very similar story so some of what I have indicated to him is relevant - http://www.australiaforum.com/visas...-get-while-waiting-partner-visa-approved.html

As to you now having a visitor visa, that'll not really affect your offshore partner visa application for you can have as many applications in as you like but only ever hold one visa.

Is the 12 month visa you have been given the same as the ETA in that with multiple entries allowed are you only allowed to stay three months at a time as with the ETA?, though I have read the odd case where it is claimed they do not have that stipulation so it seems Immi is issuing 12 months visas for free if they are free like the eVisa.

With a visitor visa, you also need one for bub I hope you realise and of course bub needs a passport too if not already obtained.

Once you have both visas and if they both do not have the No Further Stay condition on them I would consider making your application onshore for the reasons I offered to KHFH and better still if they do not have the three months at a time ETA style limit, you can apply onshore and not have to take the NZ trip.

Even if there is the three months limit but not the NFS and you get the partner visa applied for within the first three months, I'd visit Immi in Oz after your partner visa submission and see if it was possible for you to withdraw the current visitor visa if it can be replaced with another, perhaps even a Bridging Visa.

Neither the visitor visa nor a Bridging Visa will have work rights though you could apply to have the restriction removed, that not being too common, nor successful though one person with a partner visa in posted recently on being successful, financial hardship the usual reason or one suggested by Immi.

So, first step, is see about getting bub's visa if you haven't done it and check out the details of it.

If you still go ahead with the application from SA, leaving to go to NZ to have the partner visa granted will then just have that overriding or cancelling out the visitor visa but again check with SA Immi people re their approach to that.
 

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Discussion Starter · #6 ·
Hi Wanderer,

Thanks for the response, yes JHFH is my husband I do apologise for both of us posting on here... due to the time difference, we didnt know we had both done it til afterwards!

Yes I have the 12 month multiple entry (limited to a 3 month stay) visa.
The conditions on it are only No Work and No Study for longer than 3 months. (no mention of NFS)
Yes, I have a passport for my daughter however is a South African one and therefore doesnt qualify for the free evisa system
I will yes apply for her visa asap, as far as i recall i have to wait for this full version of the birth certificate before doing so so another hold up, as if i get this BC soon enough, i can also apply to get her a British passport and go the evisa way for her too, but this is all time dependant.

I guess the real issue was whether the 309 Partner visa would override the visitor one once it comes through and this does look the case, JHFH called immi today as well and they agreed it would!

Thanks again, and any other comments still appreciated!
 

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I do not know if you will need the BC to get a visitor visa for your daughter but seeing as she is on a SA passport and not eligible for the ETA or an eVisa she may need to provide it and then she may not get exactly the same visa conditions as you have and that might be something you will want to check over there.

If she is able to get the same visa and once you have it and both do not have the NFS condition then you could head to Australia and apply onshore.
That'll save you waiting for the BC and also having to take the trip to NZ to get the visa granted and also opens up the door to approach Immi once in Australia to apply for an onshore visitor visa or get a Bridging Visa as I mention above.

It will make for an interesting situation however for applying onshore if you have a visa without a NFS and they issue one for your daughter with an NFS if you consider applying onshore and I think that woukld mean you'll need to be offshore to apply unless Immi can cancel your daughters visa and issue her with possibly a different Bridging Visa for they do have a BVC which can be used in some circumstances.

You'll obviously need your daughters BC I expect to apply for a British passport for her but if she already has the citizenship, it shouldn't take too long.
For Australians, even with citizenship by birth, if the birth occurs outside of Australia you need to apply for citizenship first and if that applies with your daughter, getting the passport may be a week or so longer but the British Embassy in SA will fill you in on all that.

It might be best to enquire that way as well as Hub enquire about what the situation would be here if you do not have a NFS and your daughter does as far as applying onshore if you want to pursue that, there being some definite advantages though it is cheaper to apply offshore.
 

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Discussion Starter · #8 ·
Hi again W

Ja, the best thing i think to do, is give it a couple weeks to see if that BC comes thru, then get her her Brit passport, and do the same online app as did for myself!

A Brit passport takes 4 weeks to turnaround, so providing the BC comes thru in next couple weeks will have time to do it this way.

Then at least we SHOULD have the same 12 month, multiple entry, NFS visa (one would hope) and then make a call on applying either on or offshore from there! If the BC come in quickly then its worth applying here (off shore) still as it will be a full app and the turn around time faster... IF it still takes awhile to come thru, then bring everything with, and apply onshore, request bridging visa and hopefully the no work condition can be removed...

Gosh its frustrating... and just waiting for 1 piece of paper on African time is not fun!
 

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If you do decide on using visitor visas first, there is an approach that can be applied of using visas for their intended purpose and so whilst you may decide on a visit first to check with your husband as to whether Australia will be as fine as you hope before going ahead with making the more definite move of applying for a partner visa, do not be surprised to find yourself being asked about the intent of your visit.
So as to make answering less difficult, it could pay to forward on to your husband all relevant documentation.
Obviously applying offshore and then travelling to Australia removes that but also introduces the risk that SA do not check where you are prior to putting a visa in for finalisation and then it gets rejected because of you being in Australia when you need to be outside of Australia.

It is something of a dilemma that offshore applicants can face and whereas there are some offshore skilled visas that an applicant can apply for within Australia and Immi in Australia seem to be taking an approach of contacting people to have them depart for granting, the family visas are a little different in that they need to be applied for either offshore or onshore and there is no Immi policy re letting people know for the onus is on the applicant to be in the right place.
You could check with the approach that the SA people will adopt and even if they say they will check, there still could be some risk and if a visa is rejected, it is rejected and it may be you need to re-apply.
 

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Discussion Starter · #10 ·
Surely tho a supplied 1022 form, showing the trip to Aus - given in the same time as the visa app will allow them to know that... also i only want to be communicated with electronically and have a yahoo address so they can always get hold of me....

Were just concerned with turn around times as the Temp Spouse Visa office is in Brisbane, and it has been closed for a few weeks now due to the floods, surely they are going to face a longer turnaround time due to this...

Still as I say, for now, I do need to try and relax, get the BC in - get the Brit passport for little one, get the correct/same visa and then decide from there where to submit app. My medicals are already recieved in Pretoria, are on they system, so hopefully they can tie it all up with a ref no from Pretoria or something, if decide to apply onshore and not have to redo the medicals!
 

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Putting in a 1022 when something changes like taking a trip from where you lodged may work and is the minimum I'd suggest anyone do but the regulations are regulations.
If you look at it from the view of various Immi people around the planet, it just becomes extra steps in the process to have their system a little more clogged and from the point of view of Immi management they being the bureaucrats they are may well say, this is the system and that is how it is supposed to work and if people want to apply for a visa they ought to be committed enough to follow through with it according to the regulations.
It is a gamble on the unknown for even with a 1022 in, the regulations are the regulations and even the most congenial of COs may forget to check or they may have been replaced, on leave or whatever and another misses the 1022 being in the file.

The Brisbane office was only closed a week or so and that only because they probably had the power to the building discconnected and they're back in action again.
 

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Discussion Starter · #12 ·
Hi again

Well the good news is little ones BC is ready for collection, will get it today. From there its applying for her Brit passport, doing the evisa and then I guess deciding on where to apply.

I get the feeling W, from your latest comments you suggest applying onshore would be the better option (providing evisa for little one is the same as mine and has a no condition of NFS)...

Would you know anything about our medicals already being on the system? Do you think if applying onshore, they would be able to pick that up?
 

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As long as you have it firmly implanted in your mind that you're just making a visit if quizzed and then once in women are renowned for changing their minds ain't they!
It'll certainly make the process more certain for you that way even if alittle longer and save you the trip out to have an offshore visa granted.

Had another recent post re offshore visas and moving to Oz so had a look at latest Immi wording and you can read my comments:
There is however a potential trap

It is possible to apply for an offshore skilled visa while in Australia and perhaps in it being something of an anomaly, though it is not Immi policy, when that occurs and a person is in Australia on another visa, Oz Immi have been notifying people that they need to make arrangements to take their trip abroad to have the visa granted, perhaps goodwill and seeing that there are reasonably few numbers.

The Onus however is on the Applicant to be in the right place
Going back a while, there was previously a refence to perhaps having a visa rejected and that still is the case in Booklet#1 on P46 but more so for an onshore visa, there being earlier references to notifying Immi about address changes and travelling though the policy re checking prior to submitting for granting is less clear.

Thus I say potential trap for recently another poster in the US was told by the Washington Immi people that she could put her visa grant in jeopardy by travelling to Australia whilst it was being processed.
By that, it would be meant that if a check was not made on the applicants location when the visa was ready for granting and it was submitted for granting, it would be rejected because the person would be in Australia.
I am unaware of whether the granting process allows for a backward step in that situation but the general rule is if a visa application has been rejected, that's it other than making an appeal.
http://www.immi.gov.au/allforms/booklets/1127.pdf
The wording in the Booklet #1 is no clearer though it does refer to onshore visas:
Quote:
If you have applied in Australia, you must ensure that, before you travel outside
Australia, you have a visa to return. Otherwise, you may not be able to return to
Australia and, if your partner category visa application is refused while you are outside
Australia, you may not have a right of review.

That may be because offshore family visas do get determined by offshore offices and they may have their own particular approach.

If I was an offshore applicant I would certainly lodge a Form 1022 to advise them of when I travelled to Australia and also request advice from the office where I lodged the application to see if they would have an approach of making contact to advise on leaving Australia because of a visa grant being imminent, a reference to Booklet #1 and relevant clauses being used to highlight the situation.
Responses could range from negative in not getting one to receiving a positive affirmation.
If you're in Australia and apply, it should not be an issue getting the medicals sent to Australia and you could even put a note on your application that they are in SA.
It'll probably not hurt either if you can see if the SA have given them a file number or have some form of reference number you can refer to.
 

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Discussion Starter · #14 ·
Thanks W for all the advice and help.... HOWEVER.. have spoken today to a very helpful and clued up lady at the Aus High Comm in SA.. who advised me after a long chat and many questions, that they CAN process within a month, a ull application for a spouse visa.. As we are not pretty ready for a full app, we have decided to apply here.. it gives over 2 months before we want to fly and so will go this route after all. She also advised that at worst, we can submit the 1022 form and they will inform me via email as and when are ready to grant via email and we can do the NZ trip..

My personal biggest issue, is that I want to work as soon as possible, and taking a chance at applying onshore and it taking 6 months or so and not getting the no work condition removed is a big problem for me... So decision made..

WISH US LUCK! Will let you know how it goes!
 

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Well, good luck and getting the visa in a month will be something but if you have a good clear application with all medicals and police checks etc. done, if you get the right CO and they're not too busy, it's possible I suppose.
Maybe in getting to talk to someone and if they have influence and have seen that you've done your homework and all, then it'll hopefully go OK for you.
Best wishes.
 

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Discussion Starter · #16 ·
Hey Wanderer and all... just an update..

Visa app went in on Thurs 10th Feb, received email saying was received on the 15th I think it was. Called yesterday to see if a C/O been assigned as yet, and spoke to the same lady who helped me in Jan when I called in and pointed out I had the incorrect marraige cert and she was also the one who said they can turn around in a month....anyway, she said they had a backlog and were looking only now at apps handed in in January... we chatted for a while, and it turns out she is a C/O.

She asked for my file number, and said she would pull it and have a look, after asking me a couple of times "Is it a full application".

Today I received a phone call from the same lady, who said "Please submit the original police clearance for your husband from Australia and when you do, include your and your daughters passports as I am ready to grant the visa's"

So WOW wonderful amazing news and in essence a 24 hour turnaround time once she had a look at it! It just goes to show that being over prepared, and ensuring you do have all the right docs may take some time to get but certainly help in the processing! Supplying only a certified copy of hubbies PC was an error on our behalf but he will be couriering it to me ASAP and should have our Visas by end of next week!
 

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Sounds like it'll all be going OK for you then and yes it is an easy gliche to make re not sending in the original PC for it is stressed on the Immi site re sending in certified copies though I think there is also mentioned somewhere the PC is an exception and that would also apply to the sponsor where there are children involved.
 
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