820/801 Visa questions for Chinese wife and Aussie son

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820/801 Visa questions for Chinese wife and Aussie son


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Old 02-20-2015, 05:28 AM
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820/801 Visa questions for Chinese wife and Aussie son

Hi Everyone,

Iím new to the forum and wanted to first express my gratitude for the amount of information Iíve already been able to research just from being here for a few hours. Itís fantastic to see so many people working together to help each other out with similar issues regarding visas and immigrations.

I was hoping some of you would share your time to answer some questions I have regarding my wife immigrating to Australia.

First our status:
Been together: 2007 in South Korea (sheís Chinese, we met in South Korea)
Moved to Beijing: 1/2010
Married: 10/2012
First child: 11/2013 (born in Beijing, Australian citizen)
My wife has had 3 previous tourist visaís to Australia with no problems.
We plan to move to Australia for good in July 2015.

Questions:

1. Can she go to Australia on a tourist visa and then apply for a 820/801 visa? If so, will she be able to stay in the country till itís accepted?

2. I read some visitor visas have a special number that stops people applying for another visa (by doing a VEVO check). How will I know if my wife has that on her visitor visa for next time? Is it common for Chinese tourists to get this?

3. I start school again in July and waiting a year for a 300-type visa isnít going to work. Assuming my wife canít come on visitor visa and apply for 820/801 visa, are there any other options?

Many thanks in advance for your responses.


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Old 02-20-2015, 06:15 AM
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1) Yes, she can do this, as long as her tourist visa does not have a "No Further Stay" condition. It would be smart for her to come over actually intending to be a tourist since that's the purpose of tourist visas - ie, not have everything she owns with her, not have the documents she needs to apply for a partner visa with her, not have CVs or work documents with her, have a return flight booked, have itineraries/plans for touristy things to do with her and be ready to talk about your tourism plans, etc. Once she's in the country, though, and out of the airport, it's perfectly fine for her to then apply for the 820/801. She'll get the 801 straightaway, by the way, given how long you've been married. Once she applies for the Partner Visa, she'll get automatically granted a Bridging Visa A. When her stay on her tourist visa expires, the Bridging Visa A kicks in, allowing her to live, work and study in Australia as much as she wants until her partner visa is granted. The only thing she can't do is leave Australia - but she'll be able to apply for a Bridging Visa B to allow her to leave and return if she needs to do that. It's easy/relatively inexpensive.

2) You need to look at her previous tourist visa grants and see what conditions were attached to them and then google what those conditions mean or ask here. As long as there's not one that's a "no further stay" condition, that's a good sign for her next tourist visa. If she DOES get an NFS condition next time, unfortunately, she'll not be able to apply onshore. She'll have no choice but to apply for the 309 offshore and use tourist visas to spend as much time with you as possible in Australia in the meantime while it's processed, or you'll have to defer your studies and stay with her until it's finished processing.

3) No, there are no other spouse visa options. 309 or 820 are it.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 02-20-2015, 07:29 AM
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Update

Thanks for your speed reply.

After checking the previous 3 visas (in the actual visa itself);

2008: Had no further stay condition
2010: No further stay condition removed
2012: No further stay condition removed

Hopefully when we apply again it'll still have this condition removed. Seeing as we've been together for 8 years and a child, I'd had hoped this would have been a no brainer for immigration.

If not, geez, I'm not left with many options. Can visitor visas be extended without leaving the country?


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Old 02-20-2015, 09:28 AM
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Yes, visitor visas can be extended without leaving the country, but if she has had three tourist visas and a perfect immigration history and the last two haven't had a no further stay condition, I'd say her chances of avoiding it this time and being able to apply onshore are really good.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 02-23-2015, 03:17 PM
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Update from immigration

Just an update on this. I called immigration in Australia about this and they said you Ďcannot enter Australia on a tourist visa and then apply for a 801/820 visa periodí. The best she can do is apply outside of Australia from China and then come into the country on a tourist visa for up to 12 months. When her 309 (I think thatís the number) is about to be processed she needs to leave the country again and get her medical and police check done in China.

This contradicts what I was told before from immigration (as my first post).

Weíre going to see an immigration agent in Beijing and see if they can help us out with this.

Any further advice from anyone? I canít believe this is so unclear.


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Old 02-23-2015, 08:40 PM
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Quote:
I called immigration in Australia about this and they said you ‘cannot enter Australia on a tourist visa and then apply for a 801/820 visa period’.
Contacting immigration was a mistake and the information you received was wrong. Make sure the agent you consult is an OMARA-registered migration agent, or that will be another mistake.

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Last edited by wrussell; 02-23-2015 at 08:43 PM.

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Old 02-23-2015, 09:20 PM
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Quote:
Originally Posted by Druzil View Post
Just an update on this. I called immigration in Australia about this and they said you Ďcannot enter Australia on a tourist visa and then apply for a 801/820 visa periodí.

Any further advice from anyone? I canít believe this is so unclear.
Calling the immigration call centre is pointless! They are notorious for giving out completely wrong information! Also the people on the front desk at immigration often have no idea what they are talking about! If you follow their advice and anything goes wrong you canny do anything about it!!

If you are onshore on a tourist visa and there is not a NFS condition there is no rule that says you cannot apply for a partner visa.

I would suggest,as you have already planned to do,going to a MARA registered migration agent to seek advice. These people are the ones who's job it is to know and understand immigration law and can help you achieve a positive result :-) best of luck with the process

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Old 02-24-2015, 03:35 AM
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Thank you to you both for your advice. I'll follow up with a registered agent as recommended.


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Old 02-24-2015, 04:49 AM
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Valentine and Wrussell above are exactly right - Immi gave you COMPLETELY incorrect information. As long as she doesn't have a No Further Stay clause on her tourist visa, she ABSOLUTELY CAN apply for a Partner Visa. Many people do this every day!

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 05-07-2015, 09:53 AM
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Just an update: my wife got her tourist visa and the 'No further stay' condition was absent. Yay!

Another couple of questions:
1) if my on leave China on his Australian passport, does he need any other paperwork since he doesn't currently have a visa?

2) does anyone know any good companies to move items from Beijing to Perth?


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