Australia Forum banner
Status
Not open for further replies.
1 - 8 of 8 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Hello I am new to this forum. I am an Australian citizen. I have a Fijian partner and we have been together for almost 2 years. It has been a bit of a frustrating and expensive time with visas. After 3 rejected visas, an agent in Fiji finally had success with a tourist visa which allows my partner to stay in Aus for 6 weeks at a time up until August 2019 with no working condition, so lots of backwards and forwards. We have finally saved the funds and collated lots of documents to apply for the partner visa. My partner was going to do this when he returned to Fiji in a couple weeks with the help of an agent. I have done some research and wondering if it would be better to apply for the partner visa onshore but still a bit confused. The agent seems to be quite confident about it being successful if applied for offshore. My partner is quite anxious about applying for it onshore because of the failures we had when we tried to do the tourist visas ourselves. However I understand that the advantage with applying onshore is that we could apply for a bridging visa allowing him to stay in Aus until a decision is made on the partner visa. I have concerns about the fact that he needs to be offshore when it is granted but I have read that if you keep the Case Officer updated, they should give you warning to return to Fiji beforehand. The thing that confuses me is what happens to his current tourist visa once the partner visa application has been acknowledged? Does it cease and does he have to apply for another tourist visa to return to Aus or does it continue with the original condition until 2019? An additional cost and wait for another tourist visa? I understand that you can't apply for a bridging visa ofshore. I have read that applying for an onshore visa is more stressful and demanding. What is interesting is that the amount of FJD required to be paid at the office in Suva for the partner visa equates to almost $7600AUD. I would appreciate any advice. Thanks Roby J
 

·
Registered
Joined
·
918 Posts
However I understand that the advantage with applying onshore is that we could apply for a bridging visa allowing him to stay in Aus until a decision is made on the partner visa.

That's correct, when you apply for the 820/801 onshore partner visa,
you will automatically be granted a bridging visa A. This will come into effect once the current visa expires/lapses.


I have concerns about the fact that he needs to be offshore when it is granted but I have read that if you keep the Case Officer updated, they should give you warning to return to Fiji beforehand.

If he applies onshore then he needs to be onshore when a decision is made. If he applies offshore then he needs to be offshore when a decision is made. If he applies offshore and comes into Australia for a holiday and a decision is ready to be made whilst he is here, the case officer will ask him to leave Aus so they can give him the decision.

The thing that confuses me is what happens to his current tourist visa once the partner visa application has been acknowledged? Does it cease and does he have to apply for another tourist visa to return to Aus or does it continue with the original condition until 2019?

If you abide by the visa conditions then the tourist visa will continue until it expires. If you apply onshore and want the bridging visa to be activated so he can work, then he would need to overstay his tourist visa by 1 day (so if his condition is he can only be onshore for 6 weeks then 6 weeks and 1 day after entry, his tourist visa will no longer be valid and his bridging visa will be activated).

Be aware that BVA doesn't come with travel rights so if he needs to leave Aus he would need to apply for BVB.


I understand that you can't apply for a bridging visa ofshore.

Correct, offshore applications are not eligible for a bridging visa.
Applying onshore or offshore would be down to personal circumstances.

I applied onshore as I wanted to be with my partner. I can live and work legally in Australia on the BVA whilst I wait but it means I have to apply for BVB if I wanted to leave.

It all comes down to what would be best for you.

There are some great registered migration agents in Aus who can also help you with the whole application should you wish to enlist their services.

Hope this helps.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #4 ·
Ramah

Applying onshore or offshore would be down to personal circumstances.

I applied onshore as I wanted to be with my partner. I can live and work legally in Australia on the BVA whilst I wait but it means I have to apply for BVB if I wanted to leave.

It all comes down to what would be best for you.

There are some great registered migration agents in Aus who can also help you with the whole application should you wish to enlist their services.

Hope this helps.
Hi Ramah
Thank you for your reply, especially about the BVA and that it can be applied for 1 day after the 6 weeks.I have another question. If we were to do the partner visa onshore in about 3 weeks, can we leave the application for the BVA until 4/1/18 as we already have return flights to go to Fiji from the 17/12/17 for Christmas/NY there. Otherwise we would have to apply for a BVA and soon after a BVB which I understand comes at a cost.

Honestly Ramah all we want to do is be together and it has been a frustrating costly journey. We have been together lots with my partner going backwards and forwards 8 times over the last 12 months so that he abides with the conditions of the visa. I am worried about the stress of doing it ourself onshore but I can see the cost benefit for us and the fact that we can be together for a longer period.
Thanks Roby
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #5 ·
With 3 rejected visas - a 8503 may be attached Ramah.
Ramah there is definitely not a 8503 condition attached. As you are probably aware my partner comes from Fiji which is considered high risk. The conditions were really odd but clearly state: Stay for 6 weeks, multiple entries, until 6 Sept 2019, 8101 - NO WORK, 8201 - max 3 months study.
I was researching some information written by an immigration agent in Aus and I'm sure that I interpreted that an onshore application could not be made while you are on a current sponsored tourist visa which my partner is?? It did not mention that the same applied to an offshore application. As you are probably aware we are just trying to do everything right and we can't afford to throw $7000 away. Cheers roby
 

·
Registered
Joined
·
7,023 Posts
There is NO difference to a Partner Visa on/offshore as to it being successful or not. The exact same evidence is required.

If you have the cash now and a RMA said an offshore would be fine - then so would an onshore.

The difference is the wait times, Medicare and work rights and a off shore flight if required or a travel right visa.
 

·
Registered
Joined
·
918 Posts
Hi Ramah
Thank you for your reply, especially about the BVA and that it can be applied for 1 day after the 6 weeks.I have another question. If we were to do the partner visa onshore in about 3 weeks, can we leave the application for the BVA until 4/1/18 as we already have return flights to go to Fiji from the 17/12/17 for Christmas/NY there. Otherwise we would have to apply for a BVA and soon after a BVB which I understand comes at a cost.

Honestly Ramah all we want to do is be together and it has been a frustrating costly journey. We have been together lots with my partner going backwards and forwards 8 times over the last 12 months so that he abides with the conditions of the visa. I am worried about the stress of doing it ourself onshore but I can see the cost benefit for us and the fact that we can be together for a longer period.
Thanks Roby
Hi Roby.

BVA is automatically granted when you apply for the partner visa but it doesn't activate until the current visa lapses or expires.

For example, if your partner applies today, he can still come and go on his tourist visa as he has been doing as long as he doesn't overstay the 6 week limit imposed.

As soon as he overstays the 6 weeks (or the visa itself expires) then the BVA will come into effect.

As BVA is generated when you apply for the partner visa, there is no cost for it.

BVB is $145.

I feel your frustration, it's just unfortunate that it's harder for some people than others depending on nationality.
 
1 - 8 of 8 Posts
Status
Not open for further replies.
Top