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Discussion Starter · #1 ·
Hello! My husband is a US citizen & I am Aussie and previously he was in Australia on a 457 visa which he cancelled when we moved to US 1.5yrs ago. We have been married 2yrs & expecting a baby. We are considering a move back home next year. My question is are we better off having him go to Oz on the 3month tourist visa and then applying for a permanent visa and get the bridging visa while that’s processing, or should we just apply from here in the US and see out the wait time? He is quite highly skilled so I’m hoping that the bridging visa won’t affect his job prospects. If we do apply offshore, can he still visit Oz while the application is processing? Thanks in advance!
 

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If your not intending to move back until next year I'd be inclined to suggest starting the 309 process now and hoping for a grant by the time you wish to move.

Yes it is possible to get a visitors visa whilst a 309 is processing. He does need to be offshore to be granted the 309 though.

How long were you in a defacto relationship prior to marriage?

It really comes down to your planned move date next year and how long you can afforded for him not to work.
 

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Discussion Starter · #3 ·
Thanks Mania. We have been together for 5.5 yrs, married for 2yrs and living together for 3.5yrs.

Assuming we get the 309 approved, how long until we have to activate the temporary partner visa? I'm trying to gage how long we'd have to assemble ourselves before moving back.

Thank you.
 

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Thanks Mania. We have been together for 5.5 yrs, married for 2yrs and living together for 3.5yrs.

Assuming we get the 309 approved, how long until we have to activate the temporary partner visa? I'm trying to gage how long we'd have to assemble ourselves before moving back.

Thank you.
You are probably eligable to go direct to the PR visa as well. (This line of questioning is now irrelevant it would only have altered answers if you had said you'd been together for 2 years 8 months or around that time frame. - as i would have suggested to delay so you become eligable for direct 100/801 PR visas and save yourself an extra 2 years of waiting)

Your enter by date tends to coincide with the validity date on your medical and police clearance.

So if you were to do a medical and police cert on 10 April 2018 then your enter by date will be 9 April 2019 regardless of when in that time your visa is granted. If the visa isn't granted within that time frame they may ask for further medicals / police check hence why they suggest waiting - especially applicable in your case as you'll want moving day to be as flexible as possible.
 

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Discussion Starter · #5 ·
Hi Mania. So does this mean we should apply for the 801 straight off the bat or do we still go for the 309 initially? Thanks again!
 

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Hi Mania. So does this mean we should apply for the 801 straight off the bat or do we still go for the 309 initially? Thanks again!
The 801 is apart of the onshore 820 application. If you're applying for the offshore 309, it's the 100 that's the PR.

You apply for both at once essentially.
 

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personally apart from timing I don't understand why people would apply for offshore if they have the option of applying for onshore.
 

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personally apart from timing I don't understand why people would apply for offshore if they have the option of applying for onshore.
Processing times are far shorter offshore in many cases.

Work can be an issue for some employers on a Bridging Visa.

Sale of large assets such as house can be better negotiated in home country.

Education costs and limits for children.

Just a few reasons.
 

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personally apart from timing I don't understand why people would apply for offshore if they have the option of applying for onshore.
Processing times are far shorter offshore in many cases.

Work can be an issue for some employers on a Bridging Visa.

Sale of large assets such as house can be better negotiated in home country.

Education costs and limits for children.

Just a few reasons.
I understand those but the offset for the most part is being separated for the duration, the added cost of visiting over at least a year just to see each other. the partner lives in a area with little income, just enough to get by so not contributing to the financial situation.
the cost of my wife visiting during our processing just for flights would of been an extra 20k, and to make that happen I was doing crazy hours overtime.
as you yourself had to endure offshore (forced as many of us) which would you choose if given an option?
 

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A few months apart during our offshore app was insignificant to us. And many people already live together in another country so offshore makes more sense. Better to apply and KNOW you have a visa rather than move everything for something that isn't guaranteed until you have it.

I made more money working in the States than I do now in Oz. It's not always easy finding a job on a temporary visa either, especially a BVA.
 

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I understand those but the offset for the most part is being separated for the duration, the added cost of visiting over at least a year just to see each other. the partner lives in a area with little income, just enough to get by so not contributing to the financial situation.
the cost of my wife visiting during our processing just for flights would of been an extra 20k, and to make that happen I was doing crazy hours overtime.
as you yourself had to endure offshore (forced as many of us) which would you choose if given an option?
It all depends on the individual circumstances. Not all cases require separation. If applicant is from a low no income country but can get a Visitor Visa to wait out the process time in Australia that can then be little or no separation. Other options could be the sponsor is currently offshore with partner and both working and can remain living and working, or a visitor or working visa in the applicants current country.

Some cases above would require some extra travel other not.

When I went through the process, personally it was my kids and my companies that kept me in Australia mostly. If I did not have kids and it was now, I would happily live in the Ukraine for the duration of the wait on a visitor visa.

If kids are included in application, age can be a very important factor. The cost of Tertiary Education between a PR and a Citizen is very large, so processing times and relationship length can be very crucial.

If you own a house offshore do you sell it before you apply for the 820 or after it is decided? A 309 give better options here to get the best price.

So while an 820 is often a great option 309's can suit many.

I certainly would have gone the 820 way if it was an option for us at that time, if it were now I would probably go the 309 if it were not for my kids.
 

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I understand those but the offset for the most part is being separated for the duration, the added cost of visiting over at least a year just to see each other. the partner lives in a area with little income, just enough to get by so not contributing to the financial situation.
the cost of my wife visiting during our processing just for flights would of been an extra 20k, and to make that happen I was doing crazy hours overtime.
as you yourself had to endure offshore (forced as many of us) which would you choose if given an option?
Assuming that the Aussie citizen is on shore, but if they are both abroad then the 309/100 can be perfect if they time it right.

Didn't see page 2 ^^what ampk said.
 
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