[figolu]

Dear everyone,

I am an Australian Permanent Resident and my pregnant wife applied for an Offshore Partner Visa (subclass 309). However, after being assigned a case officer the application cannot proceed as my wife needs to undergo a compulsory chest X-Ray. She cannot do the chest X-ray as she is pregnant. Therefore, this is not good as my wife's application cannot proceed until she gets a chest X-ray.

So my wife plans to withdraw her current Offshore Partner Visa application. Can my wife enter Australia on a Visitor Visa (subclass 601), and subsequently apply for an Onshore Partner Visa (subclass 820). Is this allowed?

Also, can my wife get a refund on the fees for her current Offshore Partner Visa application?

Thank you for taking the time to give me some advice.

Regards,
Luis

 

[JandE]

From what i have seen:

No refund on visa fee.

Assuming the visitor visa does not have the 'No Further Stay' condition then an application should be ok.

 

[figolu]

From what i have seen:

No refund on visa fee.

Assuming the visitor visa does not have the 'No Further Stay' condition then an application should be ok.

Dear JandE,

Thank you for your reply.

Does my wife declare her purpose to the Customs officer at the airport upon her entering Australia on an ETA, that she intends to apply for an Onshore Partner Visa (subclass 820) after entering Australia? If she does, will her being pregnant result in her being denied entry into Australia?

I am also unsure on the duration I should specify regarding her stay in Australia on her Incoming Passenger Card.

Thank you.

Regards,
Luis

 

[KatieQ]

How much longer until the baby is due? Instead of withdrawing why not just wait until after the baby is born? It would be a big waste of money otherwise unless you both have lots of money to throw around.

 

[CCMS]

Does my wife declare her purpose to the Customs officer at the airport upon her entering Australia on an ETA, that she intends to apply for an Onshore Partner Visa (subclass 820) after entering Australia?

Regards,
Luis

If she does that, she is likely to be denied entry for not meeting " genuine visitor" requirements. If she applied for a 3 month tourist visa, while the sc. 309 visa is still being processed and came to Australia on a temporary visit, then, depending on her visa conditions, you could consider applying for a new partner visa onshore and withdraw the other application. There will be no refund.

 

[ausharrold]

MY partner had a Xray while pregnant. They place a shield over you and the xray is only very quick. The amount of radiation is less than what a pregnant woman would get from walking past a microwave oven. Read and search on google and you will quickly come to your own opinion on having the xray.

https://www.google.com.au/webhp?sou...&espv=2&ie=UTF-8#q=chest+x+ray+while+pregnant

The only reason I could really find for not having an Xray is that you will have a child born in Australia, and will have Australian citizenship, if the father is Australian. IT is a tool you could use if you where indeed in Australia already and facing deportation.

Immigration will, like the previous poster said allow you to wait until after the birth of the child.

Take a look at all the information and make a decision from what you have learnt, then go to your doctor and ask them if it will be okay.

I suppose I will never know until my daughter is well into her 90's if having the X ray caused any damage to her. If she does not make 90, maybe there could be questions asked.

 

[figolu]

Dear all,

Thank you for taking the time to give me useful insights.

Can I apply for an Onshore Partner Visa (subclass 820) for my wife BEFORE I withdraw her Offshore Partner Visa (subclass 309) application OR while waiting for IMMI department to process the withdrawal of her Offshore Partner visa application?

Is there a lay-off period before I can apply for a new Partner Visa after an application withdrawal?

Thank you.