3 month stay question

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3 month stay question


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Old 10-19-2011, 11:54 PM
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3 month stay question

Hi there

I'm in Australia on a tourist visa that is valid for a year but has the restriction of a max stay of 3 months at a time.

If I were to apply for a partner visa onshore, once the visa application is lodged, I understand that a bridging visa is issued with the same restrictions as the visa you are currently on.

Does this mean that I still need to leave and re-enter every three months?

I know it can in theory be changed to lift the no work restriction, but I don't know what happens about the 3 month max stays.

Also, can you apply without the police certificate from the UK if it has already been applied for but not yet received, if I were to explain this in my application and forward it as soon as received.

Thanks for any info


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Old 10-20-2011, 01:11 AM
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Does your visa have condition 8503 No Further Stay on it?


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Old 10-20-2011, 04:34 AM
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No it doesn't have a 'no further stay' condition.


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Old 10-20-2011, 05:12 AM
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Quote:
Originally Posted by auslife View Post
No it doesn't have a 'no further stay' condition.
In that case you can apply for the partner visa, however a bridging visa only comes into place once the current visa has expired. This means that you will still be on this 3 month/12month (multiple entry) visa until it ends, meaning you must follow it's rules.
When the tourist visa expires, and the bridging visa comes into effect, you wouldn't have to leave every 3 months but you still wouldn't be able to work unless you apply to have the condition removed on the bridging visa (which other people have done here successfully) - it seems to be a matter of showing that your partner needs your support too and one of you working isn't enough.

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Old 10-20-2011, 05:49 AM
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Thank you - that clarifies things.


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Old 10-20-2011, 11:40 AM
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Originally Posted by SarahM View Post
In that case you can apply for the partner visa, however a bridging visa only comes into place once the current visa has expired. This means that you will still be on this 3 month/12month (multiple entry) visa until it ends, meaning you must follow it's rules.
When the tourist visa expires, and the bridging visa comes into effect, you wouldn't have to leave every 3 months but you still wouldn't be able to work unless you apply to have the condition removed on the bridging visa (which other people have done here successfully) - it seems to be a matter of showing that your partner needs your support too and one of you working isn't enough.
Sarah, thank you very much for your explanation.

If I understand correctly, one gets bridging visa only when this "3 month/ 12 months multiple entry" visa expires, and NOT when applying for 820?

That means if one applied for 820 for example after being on tourist visa for 7 months, that person would still have to leave and re-entry after 9th month?

Thank you very much in advance for your reply.

BMA


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Old 10-21-2011, 06:02 AM
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Quote:
Originally Posted by bma View Post
Sarah, thank you very much for your explanation.

If I understand correctly, one gets bridging visa only when this "3 month/ 12 months multiple entry" visa expires, and NOT when applying for 820?

That means if one applied for 820 for example after being on tourist visa for 7 months, that person would still have to leave and re-entry after 9th month?

Thank you very much in advance for your reply.

BMA
Yep, that's 100% correct. The Bridging visa will not be granted on applying for the 820, it will come into effect when your current visa is no longer valid, meaning you still have to follow the tourist visa rules until the end.


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Old 10-21-2011, 08:51 AM
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Quote:
Originally Posted by SarahM View Post
Yep, that's 100% correct. The Bridging visa will not be granted on applying for the 820, it will come into effect when your current visa is no longer valid, meaning you still have to follow the tourist visa rules until the end.
Sarah, thank you very much for all your amazing support.

Kind greetings,
BMA


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Old 10-21-2011, 02:37 PM
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Hi Auslife,

I actually rang DIAC in Australia the other day to enquire about this exact question. I am planning on travelling to Australia next month with my boyfriend who has the same 676 visa (3 month max stay, last entry before Sep12 and without 8503 condition) and we are thinking of submitting out partner visa app while onshore.

I want to ring DIAC again just to double check, but when I rand earlier in the week the guy i spoke with confirmed that the bridging visa A would come into effect after the current 3 month stay, not at the expiration of the visa as a whole (meaning Sep12 in the case of my bf) hence you wouldn't have to leave every 3 months.

If you end up calling DIAC to double check also, I'd love to know if what they tell you corresponds to what I was told!


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Old 10-21-2011, 03:49 PM
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Originally Posted by Genga View Post
Hi Auslife,

I actually rang DIAC in Australia the other day to enquire about this exact question. I am planning on travelling to Australia next month with my boyfriend who has the same 676 visa (3 month max stay, last entry before Sep12 and without 8503 condition) and we are thinking of submitting out partner visa app while onshore.

I want to ring DIAC again just to double check, but when I rand earlier in the week the guy i spoke with confirmed that the bridging visa A would come into effect after the current 3 month stay, not at the expiration of the visa as a whole (meaning Sep12 in the case of my bf) hence you wouldn't have to leave every 3 months.

If you end up calling DIAC to double check also, I'd love to know if what they tell you corresponds to what I was told!
Hi Genga

Thank you very much for your post. Will you call DIAC again just to double check (again)? I am currently in Europe, but I could send an email to Australian Embassy in Vienna and ask them about this. It's Friday, so I will send an email Monday the latest.

Kind greetings,
BMA


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