[Sammakki9]

Hi I am a Permanent resident of Australia. I am originally from India. Been here in Australia for two and a half years now. Recently got married in India during my holidays in Dec 17. My wife is a wildlife biologist. I wish to do an on shore application for her. i.e. Subclass 820. I do not wish to do the offshore application as that would mean she would need to be in India till a decision is made on her application which would be a long time and long distance is a bummer!

On what visa should i first bring her to Australia?

If it is tourist visa then would it be ok for her to mention in the letter she writes to the consulates that we plan to do filing for partner visa 820 once she is here. Cause I recall reading in the Partner Migration Booklet that it is important that a no further stay clause should NOT be there on your substantive visa (An visa other than a bridging visa or a Criminal Justice visa) i.e. tourist visa in this case.

Also once she is here, if we fill in and apply for her partner visa does that mean that the bridging visa for her to legally stay in Australia is immediately granted?
Please help!

 

[Mania]

To apply for a visitor visa you need to be a genuine visitor. Comeing in with the intention to apply for an 820 would fail the "genuine" test and therefore would be denied.

Your partner needs to genuinely meet the requirements of a visa that is granted without a no further stay restriction. Once on shore she can then apply for an 820. Her bridging visa would only kick in once the original visa expires. If she does get a bridging isa then yes she will be able to stay until a decision is made on her 820.

*note you won't get to choose if the no further stay clause is added.

 

[Sammakki9]

To apply for a visitor visa you need to be a genuine visitor. Comeing in with the intention to apply for an 820 would fail the "genuine" test and therefore would be denied.

Your partner needs to genuinely meet the requirements of a visa that is granted without a no further stay restriction. Once on shore she can then apply for an 820. Her bridging visa would only kick in once the original visa expires. If she does get a bridging isa then yes she will be able to stay until a decision is made on her 820.

*note you won't get to choose if the no further stay clause is added.

Thanks Mania but lets just say that a no further stay clause does get added on to the tourist visa. What are my options? Can i still file 820 with she abiding by the visa condition and leaving the country before the visa expiry ? Please help. Thanks.

 

[tijanaoc]

Having a NFS condition on a visa would prevent onshore applications for other visas including the 820. If that happens your only option would be offshore 309 application for her.

 

[miara24]

Hi! Just want to know if somebody here knows about how bridging visa a works in working rights. My student visa will expire in March 2019 and automatically I am granted a bridging visa a. What will happen to my work rights?

 

[ZoeKaur]

Miara although that is not related to this thread, you would have work rights described on your bridging visa A notice from the department. If it does not describe conditions on work then you would most likely have full working rights.