[JasperGilhooley]

Hi everyone,
This is my first post, hope somebody can offer some advise as it’s a bit of a desperate situation for us.
My wife is currently on BVE awaiting appeal hearing with AAT to try get her student visa back. We now want to apply for an 820 partner visa. Have been living together for 2 years, married 2 month ago, shared bank accounts etc. Does anyone know if there might be a good way for us to apply for the 820 on shore in lieu of the above. To go off shore we can apply right away but don’t want to be apart and want try and get it done here. Looking at the option of her going home (she is from a high risk country) and returning on a tourist visa also seems tricky as a ‘no further stay’ restriction will probably be placed in it. I’m on a 189 PR visa. Would really love to hear there are some ways for us around off shore application. Would be too hard to stay apart for as long as it takes to process and hard to take as she’s already here.
Any advise at all pls?
She’s killed working under the visa restrictions - only 20 hrs a week taxable income sustained with a lousy cash job. It’s a hard life for her.
John

 

[Skybluebrewer]

If that's what you want to do, you really need to consult a professional as applying for a partner visa in that case will be more difficult than under normal circumstances as I believe there is extra criteria to be met when applying without being on a substantive visa.

 

[JasperGilhooley]

Thanks Sky.
I wouldn’t have any probs at all doing that. With full work rights too would be awesome...

 

[CCMS]

Thanks Sky.
I wouldn't have any probs at all doing that. With full work rights too would be awesome...

The problem is that your partner most likely will be unable to meet the additional (schedule 3) requirements, so you may just be wasting time and money pursuing the onshore option.

Get professional advice to work out a realistic strategy.

 

[Skybluebrewer]

Thanks Sky.
I wouldn't have any probs at all doing that. With full work rights too would be awesome...

It's not just extra work for you, it's whether or not you can meet the criteria CCMS mentioned. It's not just about proving you're in a genuine relationship if you go down that path.

 

[Skybluebrewer]

Do you even know for sure if she'd get work rights? What makes you think so? A BVA bridges one substantive visa to the next... and a BVE isn't a substantive visa.

"A Bridging visa A (BVA) is a temporary visa. It can be granted if you lodge an application in Australia for a new substantive visa while you still hold a current substantive visa."