Offshore vs Onshore partner visa?!? Please help? - Page 2

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Offshore vs Onshore partner visa?!? Please help? - Page 2


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  #11 (permalink)  
Old 08-30-2011, 03:33 AM
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Upon closer inspection the Work and Holiday visa can get a no further stay put on it so I'm not going to risk it.

I would love for my partner to apply inside Australia but if she gets a no further stay then there's nothing we can do

I think it's rubbish that the Australian government are making it so hard (and long) for even a married couple to get a visa. It's completely ridiculous.
They could at least give the applicant a temporary holiday visa while the partner visa is being processed.
It's not like Australia is running out of room anytime soon...

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Old 08-30-2011, 04:19 AM
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Hi mzanin,

I understand your frustration but there is no point in getting upset over it, the rules are there for a reason and unfortunately it's just something you're just going to have to accept.

Also there is actually nothing to stop you applying for a Tourist visa while you're Partner visa is in the system, you would just need to let your CO know as you need to be out of the country at the time of the grant.

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Old 08-30-2011, 07:34 AM
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Hi there,

Not sure if you have thought of this... and not sure whether this works at all, but worth a shot...

How about if your Indonesian wife applies for WHV, goes to Australia, and if she gets a NFS on her WHV, apply for the partner visa offshore in Indonesia but she could still go in and out of Australia as she wants... but just make sure the CO is notified that she would be in Australia and please inform you guys when the visa is granted so that she can leave on time...

I believe there's always a way out.. stay positive!

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Old 08-31-2011, 12:44 AM
dan dan is offline
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i sympathise with you... we are all going through the same thing mate. it sucks.

Quote:
Originally Posted by mzanin View Post
Upon closer inspection the Work and Holiday visa can get a no further stay put on it so I'm not going to risk it.
risk what??

the way i see it is this:

#1 apply for WHV visa, grants your missus 12mo in australia
#2 arrive in australia, apply for 802 (onshore) visa in sydney
#3 if you are lucky the 802 visa gets approved within days (like has happened for sarahM, ms totti and others on this forum) and you are good
#4 if you are unlucky, your 802 visa takes 11mo to process and you are good
#5 if you are really unlucky your 802 visa takes 15mo to process. before your 12mo WHV is up you apply for a tourist visa and your partner can stay in australia but not work. worst comes to worst, you have to take a cheap flight to new zealand.

this situation is not ideal, but consider yourself lucky. if your partner was swiss then she couldn't get a WHV visa and the situation would be way way way more complicated.

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Old 08-31-2011, 04:03 AM
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Quote:
Originally Posted by dan View Post
i sympathise with you... we are all going through the same thing mate. it sucks.



risk what??

the way i see it is this:

#1 apply for WHV visa, grants your missus 12mo in australia
#2 arrive in australia, apply for 802 (onshore) visa in sydney
#3 if you are lucky the 802 visa gets approved within days (like has happened for sarahM, ms totti and others on this forum) and you are good
#4 if you are unlucky, your 802 visa takes 11mo to process and you are good
#5 if you are really unlucky your 802 visa takes 15mo to process. before your 12mo WHV is up you apply for a tourist visa and your partner can stay in australia but not work. worst comes to worst, you have to take a cheap flight to new zealand.

this situation is not ideal, but consider yourself lucky. if your partner was swiss then she couldn't get a WHV visa and the situation would be way way way more complicated.
Hi Dan,

I think that by "risk it", the OP meant that if a No Further Stay condition gets placed on the WHV, then none of those onshore visa application options you've outlined would be possible...

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Old 08-31-2011, 05:37 AM
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I'm not making any guarantees here, but a first year working holiday visa, in my opinion, would not come with a no further stay condition.

Why put a no further stay condition on a visa that already restricts you from extending your stay with a tourist visa? You can't apply for many visas on a WHV, a partner visa is possible, so no further stay conditions aren't (I haven't seen any) imposed, because the visa applicants have no choice but to leave.

That's just what I think, I would be more worried about tourist visas coming with the condition, but I doubt it would happen on a WHV.


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Old 08-31-2011, 07:51 AM
dan dan is offline
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so if the WHV has a "no further stay" on it you leave the country at the end of 12mo, fly to new zealand, have a look around, then fly back to australia and auto-magically get granted a 3mo tourist visa?

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Old 08-31-2011, 08:07 AM
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Quote:
Originally Posted by dan View Post
so if the WHV has a "no further stay" on it you leave the country at the end of 12mo, fly to new zealand, have a look around, then fly back to australia and auto-magically get granted a 3mo tourist visa?
They look out for people doing this, they'll obviously suspect anyone who seems to want to remain in Australia after spending a year there.
New Zealand is also strict about people using it as a back door to Australia, and will deny people entry if they think they are.

Still, I don't guarantee anything!!


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Old 08-31-2011, 12:15 PM
dan dan is offline
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hmmm, fair point sarah
i guess after 1yr your partner will probably want to visit her friends/family/etc in indonesia.. so go home for a week or two... maybe apply for an e-visitor visa before returning if you are worried?

i think this is pretty low risk tho.. if you apply onshore and have a complete frontloaded application it seems you are a 90% chance of getting an approval within 12mo.

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Old 09-09-2011, 02:55 AM
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Ah crap sorry guys, why wasn't I notified that more people commented on this post... Anyway thanks for the replies.

Quote:
Originally Posted by SarahM View Post
I'm not making any guarantees here, but a first year working holiday visa, in my opinion, would not come with a no further stay condition.

Why put a no further stay condition on a visa that already restricts you from extending your stay with a tourist visa? You can't apply for many visas on a WHV, a partner visa is possible, so no further stay conditions aren't (I haven't seen any) imposed, because the visa applicants have no choice but to leave.

That's just what I think, I would be more worried about tourist visas coming with the condition, but I doubt it would happen on a WHV.
Unfortunately I checked, double checked and possibly even triple checked this with immigration and the WHV can still get a "no further stay"...

So, my wife is going to submit her spouse visa application next week in Indonesia, and then apply for her WHV.

This means that it doesn't matter if she gets a "no further stay".

Does anyone see anything wrong with applying offshore and then coming to Australia on a WHV?

For dan:

Quote:
Originally Posted by dan View Post
so if the WHV has a "no further stay" on it you leave the country at the end of 12mo, fly to new zealand, have a look around, then fly back to australia and auto-magically get granted a 3mo tourist visa?
A "no further stay" means she CANNOT apply for any other visa regardless. So it would prevent her from applying for the spouse visa inside australia.


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