[Wanderer]

Hi,

I have what I am hoping is a quick question. Is it fine to apply for a spousal visa (subclass 309) offshore, and then while it is being processed, bring my wife to Australia for 3 months on a visitor visa?

Basically we have been told that it will take 9 - 12 months to process our offshore spousal application as my wife is Zambian (and living in Zambia). This is way too long to be apart, so I am hoping that bringing her out on a tourist visa will be acceptable. Obviously I dont want to put the spousal application in jeopardy.

She has to return to Zambia to complete her studies in August anyway - so Im hoping this alone should be enough reassurance to immigration that she will leave when her visa expires.

Thanks

I'm no expert on immigration law in detail Ben but in general there is nothing to stop one using another visa whilst awaiting one to be processed though there could be some exceptions to that.

You would want to make it clear with an advice accompanying the application that your wife did intend to travel to Australia after the application just so if it was processed a bit earlier they would not attempt to grant it and have a refusal occur because you wife was not outside of Australia.

I would also give the advice in a separate letter or email and ask for receipt of the advice so you would then have some certainty of it being registered.

 

[Wanderer]

Hi. It is highly unlikely that DIAC will grant a visitor visa. Even though you can show that she would be returning to complete her studies. I have worked in the Australian Immigration industry for 15 years and I have come up against this issue many times. Put in the complete application with all the required documents to facilitate ease of processing. Good luck.

Do DIAC give a reason in the situations that you have come across Mary?

 

[Wanderer]

That's great news Ben and processing times will vary, even with supposedly HR countries, the most important thing being to have complete and correct applications well presented.
Good luck with Australia.