Onshore or offshore - Tourist 676 and partner visa - Advice pls?

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Onshore or offshore - Tourist 676 and partner visa - Advice pls?


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Old 10-12-2011, 01:57 PM
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Location: Playa El Tunco, El Salvador
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Onshore or offshore - Tourist 676 and partner visa - Advice pls?

Hi guys, basically I am trying to decide whether my partner and I should apply for the partner visa offshore or onshore and would appreciate any advice anyone has as I am confusing myself the more I think about it! Apologies in advance for the long post!

My partner and I currently live in his home country, and he was recently granted a Tourist Visa 676 Multiple entry, Max 3 month stay with last entry to be before 9 Sept 2012. The miraculous thing is that it was granted without the 8503 No further stay condition (He is from a high risk country) I couldn't believe it! We always had it in the back of our minds that we would end up applying for a partner visa (we have been gathering evidence for the last 15 months and I think we have a solid application), and now with the Tourist visa not having 8503, I am thrown as to whether we should apply onshore or offshore!

Plan A Offshore
Send the partner visa application to Ottawa, Canada in November 2011. Advise DIAC that we will be travelling to Aust in December 2011 for approx 6 months (with a month break in the middle in Indonesia to comply with 3 mth max stay as per his visa).
The upside to applying offshore is that it's cheaper and also as we have spent the last 18mths living here in El Salvador, gathering additional documentation would be easier from here.
My concerns are:
1) As he has to be out of Aust for the partner visa to be approved, whether DIAC will indeed inform us when the visa is ready to be approved for him to leave Australia. I know a lot of people have talked about this happening in theory but I am yet to find anyone with experience of DIAC actually contacting them with enough notice etc.
2) Whether Immigration will see that he has a partner visa in the pipeline and will question him upon entry at the airport. The fact that he applied for the tourist visa first might go against him? Can they see that there is another visa being processed at the airport? We can of course tell the truth and say that he is here to meet my family and to see the country (we will be travelling together).
3) As the visa will likely take more than 6 months to be approved, this could involve more than 1 exit and re-entry to Australia to abide by the max 3 month stay condition of his visa. Something that isn't a huge problem but isn't ideal due to costs and time off if I am working, plus I don't want him to be interrogated at the airport as to his motives etc which is probably likely.

Plan B Onshore
Travel to Australia in December 2011 and once onshore (after a month or so), hand in our application in Sydney, requesting a bridging visa. My main question regarding this is, does anyone have any experience getting a bridging visa from a 676 with max 3 month stay? Would they grant the bridging visa from the date of last entry on the 676 (being Sept 2012) and still keep the max 3 month stay rule in effect? If so, then added to the extra cost of the onshore application, this may not be feasible cost wise for us! Or maybe the bridging visa would come into effect after the current 3 months was up?

If that were the case. it would mean that he wouldn't have to worry about having to be out of the country when the visa is granted, or have to leave every 3 months which would be awesome and compensate for the additional money paid in the application fee!

Any thoughts anyone has would be greatly appreciated.. I am leaning toward onshore, but am unsure about the bridging visa situation.


  #2 (permalink)  
Old 10-12-2011, 06:10 PM
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Join Date: Jul 2011
Posts: 22
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Quote:
Originally Posted by Genga View Post
Hi guys, basically I am trying to decide whether my partner and I should apply for the partner visa offshore or onshore and would appreciate any advice anyone has as I am confusing myself the more I think about it! Apologies in advance for the long post!

My partner and I currently live in his home country, and he was recently granted a Tourist Visa 676 Multiple entry, Max 3 month stay with last entry to be before 9 Sept 2012. The miraculous thing is that it was granted without the 8503 No further stay condition (He is from a high risk country) I couldn't believe it! We always had it in the back of our minds that we would end up applying for a partner visa (we have been gathering evidence for the last 15 months and I think we have a solid application), and now with the Tourist visa not having 8503, I am thrown as to whether we should apply onshore or offshore!

Plan A Offshore
Send the partner visa application to Ottawa, Canada in November 2011. Advise DIAC that we will be travelling to Aust in December 2011 for approx 6 months (with a month break in the middle in Indonesia to comply with 3 mth max stay as per his visa).
The upside to applying offshore is that it's cheaper and also as we have spent the last 18mths living here in El Salvador, gathering additional documentation would be easier from here.
My concerns are:
1) As he has to be out of Aust for the partner visa to be approved, whether DIAC will indeed inform us when the visa is ready to be approved for him to leave Australia. I know a lot of people have talked about this happening in theory but I am yet to find anyone with experience of DIAC actually contacting them with enough notice etc.
2) Whether Immigration will see that he has a partner visa in the pipeline and will question him upon entry at the airport. The fact that he applied for the tourist visa first might go against him? Can they see that there is another visa being processed at the airport? We can of course tell the truth and say that he is here to meet my family and to see the country (we will be travelling together).
3) As the visa will likely take more than 6 months to be approved, this could involve more than 1 exit and re-entry to Australia to abide by the max 3 month stay condition of his visa. Something that isn't a huge problem but isn't ideal due to costs and time off if I am working, plus I don't want him to be interrogated at the airport as to his motives etc which is probably likely.

Plan B Onshore
Travel to Australia in December 2011 and once onshore (after a month or so), hand in our application in Sydney, requesting a bridging visa. My main question regarding this is, does anyone have any experience getting a bridging visa from a 676 with max 3 month stay? Would they grant the bridging visa from the date of last entry on the 676 (being Sept 2012) and still keep the max 3 month stay rule in effect? If so, then added to the extra cost of the onshore application, this may not be feasible cost wise for us! Or maybe the bridging visa would come into effect after the current 3 months was up?

If that were the case. it would mean that he wouldn't have to worry about having to be out of the country when the visa is granted, or have to leave every 3 months which would be awesome and compensate for the additional money paid in the application fee!

Any thoughts anyone has would be greatly appreciated.. I am leaning toward onshore, but am unsure about the bridging visa situation.
hi,
I'm not a migration agent .i m planning to lodge my partner visa too. about ur question i think both sounds ok.

So if you choose plan A offshore, you have to confirm the CO you will be travelling. and you have to remind the CO again during the processing just incase they forget. you can put this in your statement dec.

i think it should be ok if you travelling to australia back and forth as long as you have valid visa and the reason is genuine to do family visit.

as i know there will be no problem if you have partner visa in process and travel to australia as long as you meet the visitor criteria.

AND if you choose plan B which onshore.

once you lodge ur partner will be granted bridging visa A (mostly) and REMEMBER BRIDGING VISA WILL TAKE EFFECT WHEN YOUR PREVIOUS VISA EXPIRED.

So if your partner 676 visa expired sep 2012 the bridging visa will not take effect and your partner bridging visa will carry the same rules as previous visa.

Usually the onshore process is up to 9 months and 6/7 months offshore for high risk.

so the choice is yours..good luck=)

anyone please correct me if I'm wrong..=)


  #3 (permalink)  
Old 11-12-2011, 10:30 AM
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Join Date: Nov 2011
Posts: 35
Users Flag! From italy

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I would like to know more about this as i am in the exact same situation!!
I am not sure whether to apply offshore in Italy in July next year (that will be 1 year that i have evidence on our defacto relationship) and then go to Australia end of August with my partner entering on a tourist visa, or wait till we get to Australia and apply there.
Like Genga i am leaning towards applying Onshore (it does cost more but at the end of the day it all weighs up because you dont have to leave the country, i will be working etc) but now i am confused as to what is usually the quickest way to get the visa approved. I always assumed that it would be quicker to apply onshore is that incorrect?


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