Temporary Partner Visa (Subclass 820) from Tourist Visa (Subclass 600) - any effects

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Temporary Partner Visa (Subclass 820) from Tourist Visa (Subclass 600) - any effects


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Old 03-06-2017, 11:25 PM
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Temporary Partner Visa (Subclass 820) from Tourist Visa (Subclass 600) - any effects

Hello everyone...

Apologies if asked and answered, but could find only one other post on this topic, and not quite matching our situation.

My (now) wife first came to visit me in Australia on a Tourist Visa (Subclass 600) in June last year, after I had been travelling to Cambodia for over 12 months prior to that to be with her.

She then returned to Cambodia in July after her 1 month stay, and we subsequently applied for another Tourist Visa, which was granted for 3 months, starting in August.

I had proposed to her in April last year, and we had planned on getting married in Cambodia first, but I was advised by several people that going this way would take a lot longer, and that she would have to remain off-shore, so we elected to get married in Australia in October, as her second Tourist Visa would run out in November.

We then applied On-shore for Temporary Partner Visa (Subclass 820) via a Migration Agent.

The Agent advised that as we had applied for a Temporary Partner Visa (Subclass 820) on-shore, whilst on Tourist Visa (Subclass 600), we had breached the conditions of the Tourist Visa.

Subsequently, Bridging Visa A was granted, so my wife can remain in Australia whilst the Partner Visa is decided

The reason a potential breach of conditions is important, is that we wish to travel to Cambodia this year for her brother's wedding, and so need to apply for Bridging Visa B.

The only conditions attached to both the June and August Tourist Visas were:

8101 - No Work
8201 - Max 3 Months Study

Neither Visa had Condition 8503 - No Further Stay, or similar conditions. Just the two listed above.

So given all this:

1) Can we be considered to be in breach of any condition, when applying for a Partner Visa whilst on-shore on a Tourist Visa...?? I can't see how...

2) Can there be any consideration given to the way you came to be on Bridging Visa A, when applying for Bridging Visa B, or do they just look at the Bridging Visa B application in isolation...??

3) If Bridging Visa B is granted, are there ever times that, on your return within the time limits/conditions of Bridging Visa B, that you can be still stopped from entering the country (as long as no crimes/fines etc have occurred)...??

4) and finally, is there any impact on the final decision for Temporary Partner Visa (Subclass 820), if a Bridging Visa B is granted...?? That is, do they look on your Partner Visa less favourably if you have been granted a Bridging Visa B...??

Sorry for the long-winded post, but want to make sure I capture everything.

Thanks in advance...

KhmerCam


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Old 03-07-2017, 12:28 AM
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Quote:
Originally Posted by khmercam View Post

We then applied On-shore for Temporary Partner Visa (Subclass 820) via a Migration Agent.

The Agent advised that as we had applied for a Temporary Partner Visa (Subclass 820) on-shore, whilst on Tourist Visa (Subclass 600), we had breached the conditions of the Tourist Visa.

Subsequently, Bridging Visa A was granted, so my wife can remain in Australia whilst the Partner Visa is decided

The reason a potential breach of conditions is important, is that we wish to travel to Cambodia this year for her brother's wedding, and so need to apply for Bridging Visa B.
What a load of nonsense. There is no such condition. I'd get someone to review your partner visa application, if your agent lacks such basic knowledge.

Quote:
Originally Posted by khmercam View Post
Can we be considered to be in breach of any condition, when applying for a Partner Visa whilst on-shore on a Tourist Visa...?? I can't see how...
No

Quote:
Originally Posted by khmercam View Post
If Bridging Visa B is granted, are there ever times that, on your return within the time limits/conditions of Bridging Visa B, that you can be still stopped from entering the country (as long as no crimes/fines etc have occurred)...??
If they have valid reason Border Force can stop just about anybody from entering the country, but under normal circumstances, unless the associated application is refused or cancelled, no.

Quote:
Originally Posted by khmercam View Post
and finally, is there any impact on the final decision for Temporary Partner Visa (Subclass 820), if a Bridging Visa B is granted...?? That is, do they look on your Partner Visa less favourably if you have been granted a Bridging Visa B...??
Makes no difference.

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Last edited by CCMS; 03-07-2017 at 12:30 AM.

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Old 03-07-2017, 03:23 AM
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"What a load of nonsense. There is no such condition. I'd get someone to review your partner visa application, if your agent lacks such basic knowledge."

Best advice you will see all week...

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Old 03-07-2017, 08:10 AM
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Quote:
Originally Posted by Mania View Post
"What a load of nonsense. There is no such condition. I'd get someone to review your partner visa application, if your agent lacks such basic knowledge."

Best advice you will see all week...
Seconding this! We've seen some whoppers from some "agents" but if yours said that, I'd really be questioning his qualifications.

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