Offshore vs Onshore partner visa?!? Please help?

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Offshore vs Onshore partner visa?!? Please help?


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Old 08-26-2011, 06:36 AM
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Offshore vs Onshore partner visa?!? Please help?

Hey people, I'm an Australian and just got married to my Indonesian girlfriend of 3 years last month in Bali.

I just started looking into the visa application and we're totally frustrated with the situation:

Basically it will take roughly 12 months for the partner visa to be granted This means as it stands we will have to do long distance for 12 months until she is able to come here (she is currently living in Indonesia).
We both agree that this is far too long so we are looking at our options.

1. She still applies for the partner visa OFFSHORE and also applies for a working holiday visa and if granted comes here for 12 months until partner visa is granted.

2. She applies for the working holiday visa FIRST and if granted with no "No further stay condition" comes here and applies for the partner visa ONSHORE.

3. She applies for the working holiday visa and if granted with a "No further stay condition" applies for the partner visa OFFSHORE and then comes here.

4. We both move to either Singapore (she can do a company transfer there), or Switzerland (I'm dual citizen) and we live there and won't have to deal with this ridiculous visa situation.

Basically is it OK for her to come here on a working holiday visa and apply for partner visa while inside Australia OR is it better for her to apply for partner visa in Indonesia and come here on a working holiday visa and wait?

Taking into account the waiting time, if she could be here within 3 months time that would be more than desirable.

P.S. We are going to try to get the permanent residency (and skip the temporary visa) straight away since we've been in a relationship for almost 4 years.

Please any help/suggestions would be greatly appreciated.


Last edited by mzanin; 08-26-2011 at 06:40 AM.

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Old 08-26-2011, 07:03 AM
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If you want to be together while the partner visa is being processed (if she applied offshore) she could still come over and visit you on a tourist visa. But, of course it will have a NFS condition, and she would have to go back out of Australia to wait for the partner visa to be granted.

The best option you gave above, in my view, would be apply for the WHV and apply onshore for the partner visa. It doesn't make sense to apply for the partner visa and then the WHV since that would confuse DIAC: why do you now want a WHV when you have applied for a partner visa? It could also cancel your partner visa if the WHV were granted. Not a hundred percent on that, but I've heard something like that from somewhere.

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Old 08-26-2011, 07:04 AM
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Hi there,
First of all - congratulations on getting married
now to visa stuff - if your wife gets a visa with a NO FURTHER STAY you will not be able to apply onshore, NFS means that while you are on that visa you can't apply for ANY other visa onshore.
the 12 month thing is just a time assessment, basically they tell you the max time it MIGHT take, it might take much less, especially if you have a "decision ready app" - meaning you got all the paper work done properly.
also - she can come here to visit once you submit the partner app ofshore, you just have to make sure your CO knows of it so they can tell her when to get out of OZ because partner visa is about to be granted.
good luck!


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Old 08-26-2011, 07:24 AM
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Cheers for the quick replies ,

So aussiegirl reckons that it's best to apply for a working holiday visa first.
The problem is that if it has a NO FURTHER STAY condition then she couldn't apply while in Australia. So that would then become useless for us. What determines if a visa gets a NFS? So there's quite a bit of risk (and potential money wasted) involved here.

Mari reckons it's best to apply offshore, and wait the partner visa to be granted.
We asked the immigration and they said the average processing time is 12 months not including the time taken to get the paperwork done.
So I'm looking at roughly September next year before she can come to Australia. We have already been through long periods of long distance and one of the reasons for getting married was to settle down. She's working over there now and only has about 12 days leave per year so a holiday visa wouldn't be good enough.

Both of these situations are looking pretty grim. If I have to do long distance for 12 months then I may as well get divorced now.


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Old 08-26-2011, 08:09 AM
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Quote:
Originally Posted by mzanin View Post
Cheers for the quick replies ,

So aussiegirl reckons that it's best to apply for a working holiday visa first.
The problem is that if it has a NO FURTHER STAY condition then she couldn't apply while in Australia. So that would then become useless for us. What determines if a visa gets a NFS? So there's quite a bit of risk (and potential money wasted) involved here.

Mari reckons it's best to apply offshore, and wait the partner visa to be granted.
We asked the immigration and they said the average processing time is 12 months not including the time taken to get the paperwork done.
So I'm looking at roughly September next year before she can come to Australia. We have already been through long periods of long distance and one of the reasons for getting married was to settle down. She's working over there now and only has about 12 days leave per year so a holiday visa wouldn't be good enough.

Both of these situations are looking pretty grim. If I have to do long distance for 12 months then I may as well get divorced now.
Look mate, don't be so discouraged, trust me I feel your pain, I came to OZ on a tourist visa to be with my GF, we wanted to apply onshore, so you can imagine the state I was in when I saw the NFS on my visa, and I did everything to make sure I don't get it - plenty of funds, letter from bank, you name it I had it, so now I will be leaving OZ in 2 months and lodging my de facto visa app offshore, plus, my GF was sponsored herself in July 2007, so we can only apply in July 2012, and not a day sooner, she will come to visit me, but she's a full time student, so it will only be for a month or so during Uni break, and, since we are a same sex couple we can't even get married, like you and your GF, we got registered in NSW, but it's not exactly the dream wedding we would love to have and can't.
so cheer up dude! trust me you could have it harder than this, no reason to throw words like "divorce" around.
but that's just my 2 cents.


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Old 08-26-2011, 09:05 AM
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Thanks for the encouragement. I'm sorry to hear that you're going through a similar (or even worse) situation. It doesn't sound encouraging about trying to prevent a NFS then

I'm just trying to figure out what the best possible option is without having to spend too much time apart.

It really would be ironic if I ended up having to quit my job and move overseas for that to happen


Last edited by mzanin; 08-26-2011 at 09:07 AM.

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Old 08-27-2011, 11:03 AM
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I don't actually know if they put NFS on WHV, I think It's worth to ask that on the forum, is there even a possibility to get a WHV from Malaysia? I never herd of anyone having a WHV with that condition on it, I think it's worth posting a new thread to find out anyway, tourist visa is not a good option for you.


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Old 08-27-2011, 01:12 PM
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I don't think WHVs come with NFS conditions because:
1. Some people from certain countries are eligible for a 2nd year, and
2. WHVs already have restrictions on extending your stay with a tourist visa (it's not allowed) - so there are not a lot of visas that can be applied for on a WHV (partner visas are obviously allowed)

Malaysia is eligible for the WHV:
Visa Options - Working Holiday - Visas & Immigration
However it's not eligible for a 2nd year WHV, but who cares about that

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Old 08-29-2011, 03:45 AM
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Quote:
Originally Posted by SarahM View Post
I don't think WHVs come with NFS conditions because:
1. Some people from certain countries are eligible for a 2nd year, and
2. WHVs already have restrictions on extending your stay with a tourist visa (it's not allowed) - so there are not a lot of visas that can be applied for on a WHV (partner visas are obviously allowed)

Malaysia is eligible for the WHV: ....
However it's not eligible for a 2nd year WHV, but who cares about that
Thanks for the information. So you're saying that WHV don't come with a NFS condition? I called the immigration last Friday and they seemed to think that it did. But then again I've called them a few times and each time they've given me contradicting information.

Then again it could be because I was asking for a Working Holiday Visa not a Work and Holiday Visa. (They are two different visas).
There is a clause at the bottom of the page that says:
Quote:
Note: Most countries under this visa program have a limit on the number of Work and Holiday visas issued per year.
What can my wife do to guarantee or at least improve her chances of coming over here on the WHV?

Also I want to be sure that there are absolutely no risks involved in applying for this visa after she's already applied for the partner visa.
I still think it's safest if she applies for the partner visa offshore and comes here on the WHV afterwards (in which case it doesn't matter if she gets a NFS because she's already applied for another visa). Does this make sense, or does applying for a partner visa onshore after she gets the WHV still a better way to go?

If all else fails then I'm afraid I'll have to move overseas for a while until the visa is granted.


Last edited by mzanin; 08-29-2011 at 03:54 AM.

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Old 08-29-2011, 12:44 PM
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get a WHV and then apply onshore.. in sydney if you can... a few people on this forum (sarah M, ms totti) have had their 802 fiance visas approved in a matter of a week. there is no guarantee you will have it approved in this timeframe, but i reckon it is the best option. the 802 should hopefully be approved by the time the WHV is up anyway.

i sympathise with how you are feeling... my partner has had enough waiting and has just had a tourist visa approved.. she will be here in 10 days and we can't wait to be together again. unfortunately she can't work.... but it's better than nothing.

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