[waynec64]

Hi All. I'm new to this and currently navigating our way through the Partner visa (subclass 820 and 801). I am an Australian resident and my partner from China, she is currently here on a visitor visa which runs out in October this year (Approx 7 months). She also has her daughter who we have enrolled in school, her 3 months education allowance runs out at the end of this school term (End of March). We will be married on March 19, a little over a week. Then I'm hoping we can apply for the 820/801. My questions are:
I was told by the Dept that my partners visitor visa must first expire before the temp 820 visa can take affect. Is this correct?
How long does the temporary visa take to be granted once the application is lodged?
Or can we get a bridging visa in the meantime or is this also linked to the travel visa finishing first?
We want her daughter to remain at school, so not sure what path to take there. Should or can we apply for a student visa and if so does she also have to wait for the 12 month travel visa to expire?
Could a bridging visa also help with the student situation?
In the meantime we also have the issue of them having to leave the country every 3 months.
It all seems like a bit of a minefield so just looking for the best way through.
Thanks in advance for any advice, it will be much appreciated.
Wayne

 

[Skybluebrewer]

What is the stay period for the visitor visa? So even if the visa is valid for a year, it can come with a stay period of say 3 months or 12 months or whatever.

 

[ampk]

Answers when you see **

Hi All. I'm new to this and currently navigating our way through the Partner visa (subclass 820 and 801). I am an Australian resident and my partner from China, she is currently here on a visitor visa which runs out in October this year (Approx 7 months). She also has her daughter who we have enrolled in school, her 3 months education allowance runs out at the end of this school term (End of March). We will be married on March 19, a little over a week. Then I'm hoping we can apply for the 820/801. My questions are:
I was told by the Dept that my partners visitor visa must first expire

** Getting advice from the DEPT is not recommended, they often get it wrong, are not accountable for giving wrong info and are not qualified. An MRA is where you get immigration advice.

before the temp 820 visa can take affect. Is this correct?

** It will most likely that you would be on a Bridging Visa A before your 820 will take effect.

How long does the temporary visa take to be granted once the application is lodged?

** plan on a long time 18 months to two years.


Or can we get a bridging visa in the meantime or is this also linked to the travel visa finishing first?

** At time of 820 application you will be given a Bridging Visa, this starts when your Visitor Visa is no longer in effect (What is the current stay period?)

We want her daughter to remain at school, so not sure what path to take there.

**Study rights on Bridging Visa.

Should or can we apply for a student visa and if so does she also have to wait for the 12 month travel visa to expire?

Bridging Visa A has NO travel rights, you need to apply for Bridging Visa B if travel is required. No Student Visa required!

Could a bridging visa also help with the student situation?

** Not applicable on Bridging Visas.

In the meantime we also have the issue of them having to leave the country every 3 months.

** No need to answer they stay period question now. After your 820 application if you don't leave Australia the Bridging Visa will take over after the 3 months stay period.

It all seems like a bit of a minefield so just looking for the best way through.

** Yes it is and your getting married might not be a good idea if you don't have enough evidence yet!!!! Some relationship details would help to let you know if it is best to postpone that plan.
Thanks in advance for any advice, it will be much appreciated.
Wayne

 

[waynec64]

Thanks for the reply. Stay period for my partner is 3 months and her daughter is 6 months. Not sure why it's different.

 

[ampk]

That looks to be a problem for schooling, there might be a way around it by applying for another Visitor Visa (very short), but to even start to weigh up that option there can not be the "No Further Stay" Condition.

In fact they can not even apply for the 820 if the current Visitor Visas have that condition - can you confirm this it is the 8503 and is located on grant letter near the 3 months max study condition.

 

[waynec64]

Thanks for the comprehensive reply, much appreciated. As for our relationship, we first met 6 months ago, in China. I travelled there twice for a total of 4 weeks. My partner came here at the end of October and has been living here with me since, apart from having to return to China for the visa conditions once. She has a Victorian learner drivers permit, has an Australian bank account (But not joint), an application to the Vic Ed Dept for daughters schooling, Some Photo's etc and Her daughter attends school here.

 

[waynec64]

The only conditions are
8101- No Work
8201- Maximum 3 months study

 

[ampk]

While getting married or registering your relationship will waive the requirement of being in a relationship for 12 months, it does not remove any of the evidence in the 4 different categories.

It is just an opinion of mine and in general that it is very hard to have that evidence in a time period of less than 12 months unless lots of homework was done prior to a Visitor Visa or even a WHV and a concerned effort is made to make and gather the evidences and document them.

If you still wish to get married very soon can I advise that you have an initial consult with a RMA (Registered Migration Agent), there is a sticky on this forum for some recommended ones. I can not stress the importance of this enough.

 

[waynec64]

Thanks ampk. Yes I think we'll try and see an RMA early next week. We have no problems with the relationship, it's all ridgydidg but need to get as much supporting evidence together. Thanks for your advice.

 

[ampk]

Not to scare the living shyt out of you, but this is an example of the mine field.

http://www.australiaforum.com/visas-immigration/242410-820-partner-visa-refusal.html

 

[CCMS]

Hi All. I'm new to this and currently navigating our way through the Partner visa (subclass 820 and 801).

It all seems like a bit of a minefield so just looking for the best way through.

It is a minefield and an expensive one at that...

 

[ampk]

It is a minefield and an expensive one at that...

I have no idea what your talking about Nick!

I really feel for the applicants with kids, it's not just the extra application fees and associated fees with the visa but the schooling issues and restrictions when on the Visitor Visa's.

Not sure if it was legal or not (you might know Nick) but I hired a tutor for the two kids for 2 or 3 days a week for some hours each day. It was a teacher that did it after school at my house first, then in my work office after a few months. I don't recall the cost but think $50 or $60 per hour she charged.

This might be an option for the OP, it certainly helped the youngest grasp the English language and the tutor was excellent in targeting the curriculum entry point. This was all done with the kids school teachers input as well. It was a private school that went out of their way to work with the public school tutor and after I think 4 months the kids just slotted into school. We never used the 3 month study period on the Visitor Visa as we were saving it for the new school year, but our PMV was approved before school started.