partner visa onshore

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  • 1 Post By kttykat
  • 1 Post By MarkNortham

partner visa onshore


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Old 02-10-2013, 07:53 AM
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partner visa onshore

Hi, I came to Australia 4 years ago with my wife and 2 children. we divorced after 2 years and i married an Australian woman. We are about to apply for a partner visa.I am still on me ex wife's bridging visa A waiting for MRT review for subclass 485.My question is how the department will see my new marriage, we have been together for one year and marry 3 months now. Will i still be able to work to support my 2 children? because i dont have a substantive visa
and can i apply now or do i have to wait til the brindging visa ceases?
if they someone in similar situation can help will great
thank a lots


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Old 02-10-2013, 10:14 AM
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Quote:
Originally Posted by bradley View Post
Hi, I came to Australia 4 years ago with my wife and 2 children. we divorced after 2 years and i married an Australian woman. We are about to apply for a partner visa.I am still on me ex wife's bridging visa A waiting for MRT review for subclass 485.My question is how the department will see my new marriage, we have been together for one year and marry 3 months now. Will i still be able to work to support my 2 children? because i dont have a substantive visa
and can i apply now or do i have to wait til the brindging visa ceases?
if they someone in similar situation can help will great
thank a lots
As far as I know you would be able to apply for a partner visa now but I would suggest that you talk to Mark Northam, he is a mod here and a good and helpful migration agent http://www.australiaforum.com/members/marknortham.html After you have made 5 posts you can PM him.

Kttykat




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Old 02-10-2013, 11:30 AM
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Hi Bradley -

Welcome to the forum. You have a very complex situation that would be impossible to assess properly in a forum setting - the regulations involving refusals (I assume your 485 was refused), related bridging visas and subsequent applications are one part of your issue. The other is, as you pointed out, what approach to take with the onshore partner visa in order to have the best chance of success.

Depending on whether the 485 was refused or cancelled, this can alter your options as well. As for work conditions, assuming you're able to make a valid application for the onshore partner visa application and get through any limitations that may exist in your case, you may need to apply for work rights on whatever bridging visa you're given for the onshore partner application - this generally works as long as you can demonstrate financial hardship if you were not allowed to work.

Sorry I don't have a simple, direct answer for you! But in your case, there are several "moving parts" to your situation that makes it a complex situation. I highly recommend you get professional assistance with your case - not here tooting my own horn - just trying to (nicely) say that due to the regulations and laws that affect the different aspects of your case, it's a rather complex issue to sort out and can only be effectively done so by someone who is trained and has the knowledge to do so. And make sure whoever you engage, should you do so, really digs into all of the aspects of the previous relationship, the 485 issue, the MRT review, and factors in your plans for a partner visa application.

Hope this helps -

Best,

Mark Northam

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Old 04-11-2013, 01:18 AM
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hi mark please if you can help me on the new form 80 part c travel to australia .did i need to fill this part ? because my application will be offshore.i will just travel to australia if the visa is granted
your help will be appreciate


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Old 04-11-2013, 04:59 AM
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Hi Bradley -

Part C of Form 80 deals with your proposed future travel to Australia. so if you would be coming to Australia with someone, the first part of Part C asks about that. The last part (Q37, 38, 39) deals with your proposed travel to Australia including when you plan to arrive, when you plan to depart (if you're applying for a temporary visa, which a partner visa is not), and 39 asks why you are traveling to Australia (ie, to be with my wife/husband, etc).

Hope this helps -

Best,

Mark Northam

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