Tricky question, partner visa- offshore PLEASE HELP

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Tricky question, partner visa- offshore PLEASE HELP


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  #1 (permalink)  
Old 03-18-2012, 07:43 PM
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Tricky question, partner visa- offshore PLEASE HELP

Hi everyone,

We have a specific question(s) regarding our spousal visa application 309 application (applied for offshore in Washington DC). I am Aus citizen by birth, my husband is US citizen, we currently live and work in Seattle, WA, no kids yet. We have recently submitted my husband's spouse visa application offshore (Washington DC Aus embassy) and we are hoping that it will take the standard 4-5 months processing....

The problem is I am going back to Aus to start a job in 4 weeks time (which is not really that much of a problem, so relieved to be able to start a job shortly after I leave my job here in the US), but we would like to minimise the time that my husband and I spend apart....and he has started to apply for jobs in Aus, and I know that it would be an advantage if he could be there in person for interviews....

We are also having an 'Australian Wedding' on the 14th July because my family was not able to be there when we got married last June. We are keeping our fingers crossed that his application will be approved by then...so he can make his own wedding, part 2 !!!

We have been advised (by a migration agent - not Aus embassy) that my husband is able to enter the country on a tourist visa, make his own wedding and hopfully go to job interviews...but should be prepared to be questioned at Immigration in Sydney about INTENT of his visit. What should he say?? Will him visiting jeopardise his visa application?

He might also be asked to show a return ticket, and may have to go back to the US for an interview...I know that Aus Immigration does not like you to 'wait out' the spousal visa application time onshore also, when you apply offshore..We just didn't expect that I would be able to find work back in Aus so quickly....And we are trying to do the right thing.. we both want and need to work and stay together and minimise the time we spend apart! Will I need to be there for that interview back in the US with the Aus embassy?

I also understand that you have to be offshore when your visa is granted also...So we understand that he might have to return back to the US.

Does anyone have any experience with this sort of situation?

Should my husband wait until he has a case officer and explain our situation, or should he just come over and be prepared to return...Or just wait until his visa is gratned....We both want to minimise our time out of work both here in US and in Aus....I know that he could get a bridging visa if he came out to Aus on a tourist visa then applied again onshore for the spouse visa, but we want to avoid multiple applications..

PLEASE HELP?!!

Date of application: 23rd Feb 2012

Nationality:My husband is from USA (I am Australian) we got married June 2011 in USA

Visa type: Partner 309

Offshore/onshore: Offshore

Medicals submitted (yes/no): NO, waiting for request for submitted them...

Police check submitted (yes/no): Yes, FBI recevied March 15th 2012 State police check submitted with initial application.

Date CO assigned: ???

Date visa granted: ????


  #2 (permalink)  
Old 03-18-2012, 08:10 PM
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Quote:
Originally Posted by brisgirl
Hi everyone,

We have a specific question(s) regarding our spousal visa application 309 application (applied for offshore in Washington DC). I am Aus citizen by birth, my husband is US citizen, we currently live and work in Seattle, WA, no kids yet. We have recently submitted my husband's spouse visa application offshore (Washington DC Aus embassy) and we are hoping that it will take the standard 4-5 months processing....

The problem is I am going back to Aus to start a job in 4 weeks time (which is not really that much of a problem, so relieved to be able to start a job shortly after I leave my job here in the US), but we would like to minimise the time that my husband and I spend apart....and he has started to apply for jobs in Aus, and I know that it would be an advantage if he could be there in person for interviews....

We are also having an 'Australian Wedding' on the 14th July because my family was not able to be there when we got married last June. We are keeping our fingers crossed that his application will be approved by then...so he can make his own wedding, part 2 !!!

We have been advised (by a migration agent - not Aus embassy) that my husband is able to enter the country on a tourist visa, make his own wedding and hopfully go to job interviews...but should be prepared to be questioned at Immigration in Sydney about INTENT of his visit. What should he say?? Will him visiting jeopardise his visa application?

He might also be asked to show a return ticket, and may have to go back to the US for an interview...I know that Aus Immigration does not like you to 'wait out' the spousal visa application time onshore also, when you apply offshore..We just didn't expect that I would be able to find work back in Aus so quickly....And we are trying to do the right thing.. we both want and need to work and stay together and minimise the time we spend apart! Will I need to be there for that interview back in the US with the Aus embassy?

I also understand that you have to be offshore when your visa is granted also...So we understand that he might have to return back to the US.

Does anyone have any experience with this sort of situation?

Should my husband wait until he has a case officer and explain our situation, or should he just come over and be prepared to return...Or just wait until his visa is gratned....We both want to minimise our time out of work both here in US and in Aus....I know that he could get a bridging visa if he came out to Aus on a tourist visa then applied again onshore for the spouse visa, but we want to avoid multiple applications..

PLEASE HELP?!!

Date of application: 23rd Feb 2012

Nationality:My husband is from USA (I am Australian) we got married June 2011 in USA

Visa type: Partner 309

Offshore/onshore: Offshore

Medicals submitted (yes/no): NO, waiting for request for submitted them...

Police check submitted (yes/no): Yes, FBI recevied March 15th 2012 State police check submitted with initial application.

Date CO assigned: ???

Date visa granted: ????
I can't offer any advice regarding entering Australia as a tourist but I would suggest getting the medicals taken care of. EVERY applicant for migration has to have one so you might as well save time and get them done so you save a little time. And trust me I know that every minute you save counts when you're waiting on this visa.

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Old 03-18-2012, 10:05 PM
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my hubby applied offshore and has come to Aus on a tourist visa with a one way ticket, we were upfront about everything at Washington and again at immigration in melb at the airport, they let him through. Not that its a great idea but i understand the not wanting to be apart coz we felt the same, we arrived here in feb 2012 and are still awaiting his visa approval, i have been told not 100% sure if its correct but once the visa looks to be finalized your spouse (so i believe) can just go to NZ for a few days or a week and come back on the new visa. im certainly hoping this is correct! wish you well in your journey, may both of ours get approved soon.

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  #4 (permalink)  
Old 03-18-2012, 11:08 PM
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Thanks Vyktoria, I understand about the medicals, we should just bite the bullet and get it down, we wasn't sure that it was NECESSARY for everyone, as it says on the Aus immigration website that it MAY be required....I wonder how long that the medicals are valid for, if we got one done in March, is it still valid in July?


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Old 03-18-2012, 11:09 PM
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It seems common that alot of people who applied offshore come to oz on a tourist visa to alleviate the separation during processing and Immi seem to accept this so it shouldn't be a problem getting him here for the wedding.

I wouldn't mention the job hunting though. This definitely goes against the premise of a tourist visa. Just bear in mind that job hunting on a tourist visa can be very difficult as your partner will have no idea how long the processing of the defacto visa will take so it would be difficult for an employer to take him.

Also once the defacto is granted it also a bit hard getting a job because a lot of companies will only take people with permanent residency for permanent roles. It all depends what industry he is in.

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Old 03-18-2012, 11:10 PM
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Thanks Aussie girl, it's good to know that someone else has done it also....
I am hopeful that he only has to go to NZ, but I have heard that you need to be offshore when it is granted....Not sure what that means, if they delay processing if they know that you are onshore....I have also heard about having to go back for an interview to the US...all speculation, so frustrating!


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Old 03-18-2012, 11:15 PM
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Thanks Whatnext..

Just to clarify, we are actually married, and we applied for a spouse visa showing our marriage certificate...not defacto relationship..Just having second wedding because we didn't celebrate with our families the first time.

I agree I don't think that it is a good idea to mention job hunting on a tourist visa...I presume once he gets his spouse visa granted (hopefully in 4-5 months) he will have working rights....


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Old 03-18-2012, 11:33 PM
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How long have you been with your husband? If 3 yrs or over you should qualify to go directly to permanent visa. If not he'll be granted a 2 yr temporary visa. He will get full work rights once that's granted.

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Old 03-18-2012, 11:40 PM
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Quote:
Originally Posted by whatnext View Post
How long have you been with your husband? If 3 yrs or over you should qualify to go directly to permanent visa. If not he'll be granted a 2 yr temporary visa. He will get full work rights once that's granted.
We met and commenced our relationship Sept 2009, so it will be 3 yrs this Sept...I am not sure what you mean though by full working rights??

I understand some employers might be a bit more hesitant to employ someone that they think is only in the country temporarily but it is my understanding that once the temporary visa is granted, he has full working rights...


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Old 03-19-2012, 12:01 AM
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Full working rights mean he can work full time. My husband is on temporary spouse visa and he found it very difficult to get a job a permanent job in his field, business admin, because he is not a permanent resident. He has gone back to casual construction work. Most companies will only hire permanent residents for permanent positions. Some companies offer short term contracts which should be ok but again it depends on the companies policy if they hire temporary residents.

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